Calculating child support in Tulsa County involves a process that ensures children receive adequate financial support from both parents. The calculation considers various factors, such as the parents’ income, the number of children, and other relevant expenses. Understanding how to calculate child support can help parents anticipate their financial responsibilities and ensure compliance with court orders. Here we will guide you through the process and let you know the options you have.
Steps to Calculate Child Support
Oklahoma uses the “Income Shares” model to calculate child support. This is based on the premise that children should receive the same proportion of parental income that they would receive if the parents are together. The calculation involves several steps and factors, such as:
- Determine Gross Income: Gross income includes wages, salaries, bonuses, commissions, self-employment income, and other sources of income.
- Pre-Existing Child Support: If a parent is already paying child support for children from a previous relationship, deduct these amounts from their gross income.
- Adjust for Other Allowable Deductions: Allowable deductions may include mandatory union dues, mandatory retirement contributions, and other court-ordered obligations.
- Combine the Adjusted Gross Incomes: Add the adjusted gross incomes of both parents to determine the combined gross income.
- Apply the Income Shares Schedule: Use the Oklahoma Child Support Guidelines Schedule to determine the basic child support obligation. This is a table that lists the basic child support amount based on combined income and number of children.
- Calculate Each Parent’s Share: Determine each parent’s proportionate share of the combined income by dividing each parent’s adjusted gross income by the combined gross income. Then, multiply the basic child support obligation by each parent’s proportionate share to determine their respective obligations.
- Additional Expenses: Additional expenses, such as childcare, insurance, and medical expenses, are in addition to the basic child support obligation. Each parent’s share of these additional expenses is a calculation of their proportionate share of the combined income.
The final child support amount is the sum of the basic child support obligation and share of additional expenses. It’s important to note that this only applies to the natural or adopted children of the two parents. This means that children outside of the relationship or marriage do not apply towards the child support calculation. Alternatively, they are on the child support computation as out of home qualified children. This means the amount you pay for those children outside of the present matter will be used in the calculation, and may lessen your financial obligation.
Determining Child Support Arrearages
Child support arrearages are amounts of back child support that still need to be paid to the parent they are due to. Determining child support arrearages involves a detailed process of calculating the unpaid child support amount. This is an amount taken from the original court order and the non-custodial parent’s payment history. The Oklahoma Department of Human Services (DHS) Child Support Services (CSS) plays a crucial role in this process. They review the court-order’s child support amount, the dates and amounts of payments, and any adjustments or modifications to the order.
Interest on unpaid child support may also come into play. CSS can use various enforcement tools, including income withholding, tax refund intercepts, and even legal actions, to collect overdue payments. If it’s found that there are arrearages that are due to a parent, that amount will be in addition to the monthly child support payment. This will usually either prolong your child support obligation past the child’s age of majority, or it will be an additional expense for you per month until paid in full. Accurate record-keeping and prompt legal assistance are essential for both custodial and non-custodial. This will help the parents to ensure proper determination and resolution of child support arrearages.
Modifications and Enforcement
It’s possible to modify child support after a significant change in circumstances. This could be a change in income, job loss, or the child’s needs. To do so, either parent can request a modification through the court. The parent requesting must file a Motion to Modify, and have a court date set by the court. The best person to initiate this process would be an attorney. They can review all of your evidence and draft the proper paperwork for you.
However, failure to pay child support can result in various enforcement actions and even contempt of court charges. Despite the change in circumstances, you must make your payment timely until the court grants your motion. If you fail to show your material change in circumstances through the motion, the child support payment is still due in full.
Tulsa Child Support Attorneys
Calculating child support in Tulsa County involves a detailed process based on the Income Shares model. However, through understanding the steps and factors involved, parents can better anticipate their financial responsibilities and ensure compliance with court orders. Through this process, it’s important for both parties to provide their income timely and accurately. If you’re needing help with calculating child support, contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or reach us online.