How Does Oklahoma Determine Child Support in Shared Custody Situations?

My Ex-Spouse and I Share Custody; Must I Still Pay Child Support in Oklahoma?

In almost every divorce, the issue of child custody and child support payments can be contentious and challenging to deal with.
The legal facts are that child support and joint (or shared) custody are interrelated legal concepts in the state. In most cases, depending on your circumstances, shared custody will permit both parents to have substantial time and physical custody of their children. However, in Oklahoma, this does not inherently affect your child support obligations under Oklahoma law. In the eyes of the court, child support goes beyond a mere financial obligation; it is designed to prioritize your child’s welfare above all else.

Some parents assume that in shared (or joint) custody agreements, neither of you would have to pay child support. However, this is only sometimes the case, as physical custody isn’t the only factor the court considers when determining child support payments.

Under Oklahoma law, shared custody is a legally mandated issue where both parents maintain substantial periods of physical custody. They both get very regular and sustained contact with their child.

It’s a prevalent legal misconception that shared custody allows one of the spouses not to pay child support, but child support obligations are almost totally governed by Oklahoma law. The Oklahoma statutes, which are detailed and legally complex, ensure that irrespective of how much time you may spend with your child, both parents usually contribute to child support. Another vital point to remember is that the court has discretion in this matter, and your Tulsa child custody lawyer’s professional guidance, advice, and experience will play an invaluable part in this process.

How Does Our Income Help Determine Who Pays Child Support?

The Oklahoma court will analyze numerous issues when determining who and how much child support you must pay. Factors such as your and your spouse’s income may be involved.

In almost every situation, one spouse will outearn the other, but you may still have to contribute to your child’s financial support.
You must realize that child support payments are never an arbitrary amount in Oklahoma. Instead, it is a calculated figure derived from a precise financial process that usually includes:

• Determining your and your spouse’s combined income.
• The Oklahoma court then aggregates the adjusted gross income (or AGI) of both of you.
• The court will analyze the data and identify the percentage of child support each of you must pay.

This approach used by the Oklahoma court always attempts to ensure a fair distribution of financial responsibility. However, the court’s paramount guide is always what’s in your child’s best interests, not the parents.

Of course, your and your spouse’s income plays a key part in determining child support obligations, especially in these shared custody cases.

You should note that in shared custody cases, the incomes of both parents are usually considered, unlike in sole custody cases, where only the nonresidential parent’s income is commonly considered.

In Our Shared Custody Agreement, Can Parenting Time Alter the My Child Support Payment?

In a shared custody agreement, you and your spouse are responsible for a share of the total child support obligation. In most cases, the parent who doesn’t have the most time with their child is the “obligor” and pays the primary custodian a proportionate share of the child support mandated by the court.

The Oklahoma court’s guidelines presume a “standard” time-sharing agreement in which the non-custodial parent exercises 70-90 overnight visits every year. You must note that “Shared parenting” in Oklahoma dictates that each parent has physical custody of their child for more than 120 nights each year.

If the child support “obligor” has their child more than 120 overnight visits per year, the Oklahoma court will presume that the obligor parent is spending more to care for their child.

The formula the court uses to adjust the child support payments based on this data is complicated. This is another critical area where your Tulsa child support lawyer’s expertise, knowledge, and negotiating skills will be invaluable.

Essentially, the more overnights, the larger the payment adjustment, and the less the obligor parent must pay.

Your lawyer will also explain that the Oklahoma court can adjust for other unforeseen or added expenses. Adjustments to your and your spouse’s child support payments may regularly be made to account for such things as rising health insurance costs, increased costs for education, more days at childcare, extraordinary medical expenses, and more.

When initial child support payments or adjustments are decided upon, you should never attempt to go down this challenging legal path alone. The professional expertise, knowledge, and detail-oriented attention of your Tulsa child support lawyer will always help ensure you and your child are treated fairly and get what you need.

If I Must, Are There Times I Can Deviate from the Usual Oklahoma Child Support Guidelines?

When you get a divorce and share custody, you and your spouse must reach an initial agreement on the amount of child support you must pay. This is always a critical part of your overall divorce settlement agreement.

However, the judge in your case must review the agreement and will only approve it if it follows Oklahoma’s strict guidelines or gives substantial and convincing support for deviating from them.

Each case differs in its circumstances and is unique. Still, the Oklahoma court could deviate from the usual guidelines and approve you and your well-versed child support lawyer’s argument to deviate from the guidelines when:

• The asked-for deviation is inherently in the child’s best interests.
• The amount of support you may be mandated to pay without the deviation would be unjust or inequitable under specific circumstances.
• Or the “obligee’s” ability to maintain adequate housing, food, clothing, or to provide basic necessities isn’t seriously impaired.

If you feel that an issue may allow you to deviate from the usual child support guidelines, you must discuss this fully with your knowledgeable child support lawyer before you present it to the court. Your lawyer will know what information, documents, etc., are required to successfully present this issue and the best ways to get the judge to approve it.

Additionally, deviation from Oklahoma’s child support (or any family law) usually cannot be done unless both parties have a lawyer or one of you has an attorney, and the deviation benefits the party without an attorney.

I Have an Issue With Child Support In My Divorce; How Should I Proceed?

Divorce usually is a messy, emotional time fraught with difficult decisions that will affect your and your child’s future. Calculating, awarding, or modifying your child support obligation is one of the worst to navigate.

The Oklahoma court always seeks to do what’s in the child’s best interests and prioritizes this fact above all else; this often leads to both parental parties needing to compromise.   

The empathetic and highly experienced child support lawyers at Parsons, Graham & Day, LLC, approach child support cases with empathy and compassion, always considering that the future well-being of you and your child is at stake.

Their experienced family lawyers will always provide you and your child with the personal, compassionate, and genuinely professional guidance you deserve.

Call them today at 918-553-5771 for a consultation on your unique case. They will truly focus on your child’s best interests and ensure your rights and financial future are fully protected.