How is child support calculated?
Oklahoma generally relies on the state child support guidelines to determine child support. Each parent provides their income, the number of overnights the children spend with them, and qualifying expenses, such as the child’s healthcare costs, travel costs, and work-related childcare. The guidelines use those numbers to produce a support amount.
Can child support be modified?
Yes, when circumstances have changed enough to justify it. A change in income from work, for example, can be a basis for modification, while receiving a tax refund would not. A modification generally takes effect no earlier than the month following the request being filed, so it’s best not to wait.
What if my child lives with me now?
If you pay child support and your child now lives with you, you may have grounds to reduce or end your obligation. Until a court changes the order, though, it stays in effect, so you cannot simply stop paying. Talk to an attorney about filing a request right away.
What happens if the other parent stops paying child support?
You may be able to file an application for citation for indirect contempt, which asks the court to enforce the order and address the unpaid support.
Can I collect back child support?
Generally speaking, you are allowed to collect back support (or “arrears”) for 24 months before the month of filing, in addition to birth-related medical expenses. You cannot collect child support for months when you lived with your coparent during that time, however. Bear in mind that this amount is different from unpaid child support, which can be collected separate from arrears.
Can I recover my attorney’s fees?
If you have to file for contempt to collect unpaid child support and the court rules in your favor, the court is required to award you your reasonable attorney’s fees and costs.