Who Gets Child Support & How Is It Determined?
Using our scenario with Robert and Geogia, if they divorce, they have a parental obligation to support their minor children. Generally, the gross income for both parents is combined to determine the gross monthly family income. This amount can be calculated in several ways, which will not be detailed here. The percentage of the income of each parent is factored into the child support amount, with the non-custodial parent paying child support to the custodial parent.
How Is Child Support Calculated?
Child support calculation is done through an algorithm that is provided by DHS. The guidelines take into consideration primarily the income of both parties, and whether either party has a child in their home that they are legally responsible for other than the children in the divorce case. The guidelines also take into consideration the number of overnight stays that a non-custodial parent has. This means that, with child support, lawyers have very little control over what the actual child support number will be.
Can You Receive Child Support During The Divorce Process In Oklahoma?
Yes, a parent may and oftentimes do receive child support during the divorce proceedings through a Temporary Order. Temporary orders are used precisely to address important issues early on in the case such as child custody, child support, health insurance as well temporary debt division and property use. In Tulsa County within the first few weeks after a divorce or paternity action is filed and there are minor children involved, the Planned Parenting Conference (PPC) is scheduled. The PPC is designed for parties to come together and receive information about how the children would possibly react to separation and how parties should consider this when negotiating. The goal of the PPC is for the parties to make a good-faith attempt at resolving these temporary issues without having a trial. Divorce with children can’t be finalized within 90 days unless good cause is shown. Therefore it is paramount that these issues are addressed very early on.
How Long Will You Receive Child Support?
Child support ends when a child turns 18. However, if the child is still in high school, child support will go up until the age of 20, or until the child finishes school if that’s before the age of 20.
Does The Paying Parent Have Any Say In How The Child Support Is Spent?
The paying parent does not have any say in how the custodial parent spends the child support money they receive.
How Do You Petition For A Reduction Of Child Support When You Cannot Afford The Court Ordered Payment?
People in this position have often had a reduction in salary or income and they would like to reduce their child support payments. This is accomplished through a motion to modify child support. In that motion, you identify the reason for the reduction of child support. (Such as, because your income has decreased.) The child support may then be modified that way and be dated back to the filing of that motion to modify.
Is There Child Support If Both Parents Share Equal Custody?
In nearly every separation, there will be a designated obligor and obligee. An obligor is a person ordered to pay child support. The obligee is the person that is receiving the child support on behalf of the child. This may be determined by who earns the most money and if that’s the case, then that person would be the obligor.
Can You Refuse Visitation If The Other Parent Isn’t Paying Child Support?
Not only can you not refuse visitation, it could greatly imperil your situation. A refusal to allow visitation to the non-custodial parent would allow that non-custodial parent to file a motion to enforce visitation and make up visits ordered by the court. Continued denial of visits may also be used by the judge as far as making the final determination of custody in a trial. For more information on Child Support Law in Oklahoma, an initial consultation is your next best step.