Home > Locations > USA > Oklahoma > Child Support Calculator
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Court may increase support if combined income is more than $15,000.
Not in Oklahoma? Use your location's child support calculator.
Oklahoma child support is based on overnight totals
Oklahoma uses overnight totals in its child support formula to determine the amount of child support in your divorce case.
Besides income, overnight totals are a key part of the Oklahoma child support formula. Your parenting time directly affects your child support, whether you pay or receive. Use the calculator above to see how much you will owe or collect under this formula.
Most overnight time totals are estimates (and thus incorrect)
Oklahoma lawyers and judges often rely on overnight estimates only, even if they are incorrect, because counting total hours is tedious and time consuming. Divorcing parents often rely on these estimates as well.
Using estimates means your overnight totals are wrong when compared to your actual parenting time schedule. This means your child support amount will not be fair or exact.
How to calculate overnights instead of relying on estimates
To calculate overnights, the easiest and most accurate way is to use software. Without software, you're forced to count each night for a whole year, which is error-prone when you include alternating holidays, summer break, and any changes to the schedule throughout the year.
Bring calm to co‑parenting. Agree on a schedule and plan. Be prepared with everything documented.
Calculate My Overnights Now
Using software, you can also tweak your schedule to see how even little changes affect your total parenting time, and you can see how your overnights change each year due to holidays and other events.
You can also track what actually happens, and show how much time you've actually received for any period of time. Historical information is a powerful tool when you request a child support modification or when you request more parenting time.
Fast facts on child custody and child support in Oklahoma
In any divorce, Oklahoma family courts award custody of the children to one or both parents. Custody is divided into legal custody and physical custody. The total parenting time factors into the child support formula for both sole and shared custody.
Oklahoma sole physical custody: The children reside with and are supervised by the residential parent, while the other parent is entitled to scheduled visitations. In Oklahoma, sole physical custody is given to the parent with whom the children spend the most time with. The nonresidential parent hosts the children for fewer than 121 overnights, or 33 percent of the time each year.
Oklahoma shared physical custody: Oklahoma law outlines shared custody as any arrangement in which the child has regular and continuing contact with both parents. Parenting time does not have to be equally divided to qualify for shared physical custody. The nonresidential parent must host the children for 121 overnights or more each year to qualify for shared custody.
Oklahoma child support formula and parenting time adjustment
Oklahoma family courts use formulas that consider both parents' incomes and the needs of the child to arrive at a monthly child support amount. A parenting time adjustment is given based on shared custody.
Sole custody formula: The total income from the nonresidential parent is put into the formula. Certain deductions from that total are allowed. To be considered a sole custody case, the nonresidential parent spends fewer than 121 days per year, or less than 33 percent of the time, with the children. There is no parenting time credit given for sole custody situations. The residential parent receives child support from the nonresidential parents according to Oklahoma law.
Shared custody formula: A different formula is used for shared custody child support calculations. Both household incomes figure into the formula, unlike the one for sole custody. In Oklahoma, when a family court orders shared physical custody, the nonresidential parent must host the children for 121 days per year or more. The more overnights the nonresidential parent receives, the lower the child support. If the overnight totals are fewer than 121, the sole custody formula is used.
Examples of sole child custody and Oklahoma child support
Consider the hypothetical case of Robert and Mary. Robert's adjusted income is $4,000 per month, while Mary's adjusted monthly income is $2,400. They have two children.
See how the child support amounts change in these examples:
- Scenario #1: Robert is the nonresidential parent in this sole custody case, and is scheduled to host the children for fewer than 121 days per year. He pays $693 in child support each month to Mary.
- Scenario #2: Mary is the nonresidential parent and hosts the children for fewer than 121 days per year. She pays $416 in child support to Robert.
In Oklahoma sole custody cases, the nonresidential parent pays child support to the residential parent, regardless of income.
Examples of the joint custody formula in Oklahoma child support
Consider the hypothetical case of Robert and Mary. Robert's adjusted income is $4,000 per month, while Mary's adjusted monthly income is $2,400. They have two children.
See how the child support amounts change in these examples:
- Scenario #1: Robert hosts the children for 121 days, just over the minimum to qualify for shared physical custody. He pays $650 in child support per month to Mary.
- Scenario #2: Robert hosts the children for 134 days. He pays $501 in child support per month to Mary.
- Scenario #3: Robert hosts the children for 144 days. He pays $383 in child support per month to Mary.
- Scenario #4: Robert hosts the children for 154 days. He pays $338 in child support per month to Mary.
- Scenario #5: Robert and Mary agree to a 50/50 split, or 182 days. He pays $210 in child support per month to Mary. This is because he is the higher earner.
In Oklahoma shared custody, the nonresidential parent pays child support to the residential parent. In the case of a 50/50 split, the higher earner generally pays child support to the lower earner to ensure the children's standard of living is the same in both locations.
Other factors in the Oklahoma child support formula
Oklahoma's child support formula uses the following information to calculate your monthly amounts for shared custody child support:
Eligible children: Child support ends when a child turns 18 or graduates from high school, whichever comes last.
Gross earnings: Gross earnings are established based on tax records and current pay stubs. Oklahoma law uses one parent's income from the equivalent of one full-time job to determine a child support amount in sole custody cases. Both incomes figure into shared custody child support.
Specific deductions: There are some deductions allowed by Oklahoma family courts that allow an adjustment of the income, including health insurance premiums for the children, support for other children and child care expenses, for example.
How accurate child support helps your children
Paying accurate child support helps your children in several ways, primarily because it ensures their financial needs are met.
Here are some other reasons why accurate overnight numbers help you, the other parent and your children:
- It provides a fair way to determine your child support amounts
- It guarantees the child support amount reflects each parent's responsibilities
- It allows for modifications if your actual time and scheduled time are different
- It is compliant with Oklahoma law
Your financial obligations to your children don't end with divorce, so whether you are paying or receiving child support, you owe it to your children to pay or receive the proper amount.
Top 5 things to remember about Oklahoma child support and overnights
To ensure you are paying or receiving the right amount of child support in Oklahoma, remember these 5 things:
- Oklahoma Child Support Guidelines award sole or shared physical custody based on the number of overnights the nonresidential parent receives.
- Sole physical custody means that the nonresidential parent is scheduled for fewer than 121 days with the children per year.
- Parents with more than 121 overnights qualify for a parenting time adjustment based on the number of overnights per year. The parenting adjustment means lower child support amounts.
- The nonresidential parent pays child support to the residential parent in Oklahoma.
- In the case of a 50/50 split in parenting time, the higher earner pays child support to the lower earner.
Use Custody X Change software to create a custody schedule that will quickly calculate the total parenting time for the Oklahoma child support formula.
As you negotiate what kind of custody schedule will best fit your needs, the software will accurately calculate your overnights.
Bring calm to co‑parenting. Agree on a schedule and plan. Be prepared with everything documented.
Calculate My Overnights Now
FAQs
How do I calculate child support in Oklahoma? ›
In Oklahoma, child support is calculated by taking each parent's gross monthly income and subtracting any allowed “income adjustments”. These adjustments include, allowances for federal and state income taxes, health insurance, work related costs, other child support being paid or received, etc.
What is the limit for child support in Oklahoma? ›Oklahoma's child support guideline schedule maxes out at $15,000 per month total combined AGI. For parents who make more than that, child support is computed using the maximum from the guideline schedule, plus "an additional amount determined by the court." (Okla. Stat. tit.
How do I lower my child support in Oklahoma? ›You can do it yourself through a Pro Se Modifiation process. You can request a Pro Se Modification packet by calling the OK DHS CSS CARE Call Center at 1-800-522-2922.
How long do you have to pay child support in Oklahoma? ›What will happen to the child support? If the order was issued in Oklahoma, and if the child is still in high school at age 19, child support is payable until age 20, or the date of graduation, whichever comes first.
How much is child support in Oklahoma per child? ›The court estimates that the cost of raising one child is $1,000 a month. The non-custodial parent's income is 66.6% of the parent's total combined income. Therefore, the non-custodial parent pays $666 per month in child support, or 66.6% of the total child support obligation.
How do child support payments work in Oklahoma? ›Unless the custodial parent agrees otherwise, child support is typically paid by a wage assignment. This means that the child support payments are to be deducted from the wages of the parent who is obligated to pay child support.
Can child support take your whole check in Oklahoma? ›Up to 50% of your disposable earnings may be garnished to pay child support if you're currently supporting a spouse or a child who isn't the subject of the order. If you aren't supporting a spouse or child, up to 60% of your earnings may be taken.
Who pays child support if father is a minor in Oklahoma? ›If both parents are under 18 (and unemancipated) at the time of the child's conception, their parents (the child's grandparents) share primary responsibility for supporting the child. This responsibility lasts until both minor unemancipated parents become age 18 or are emancipated.
Can you take someone off child support in Oklahoma? ›Ending or Modifying Child Support in Oklahoma
The parent responsible for making the payments must make an official request through the state of Oklahoma to end their obligation based on the child reaching the age of majority or becoming emancipated.
Technically, only one missed payment of child support is enough to be held in contempt of court. However, if you are struggling to pay your child support, an attorney may be able to help you work out the issue with your ex or request a modication to your child support payments in order to avoid jail time.
How often can you modify child support in Oklahoma? ›
At least once every three years after a child support order is established, reviewed, or modified, Oklahoma Department of Human Services (DHS) Child Support Services (CSS) notifies all parties in a full-service case of the right to request a review of the child support order and the process for requesting a review.
Does child support change if you get married in Oklahoma? ›Because your new spouse had no obligation to support your children from a prior relationship. That is still the law in Oklahoma. So in that respect, remarriage wouldn't appear to be relevant to child support.
Can you lose your license for not paying child support in Oklahoma? ›All 50 states have laws in effect that suspend the various licenses of noncustodial parents who fail to pay child support. In Oklahoma, the following licenses can be suspended or revoked for falling behind on child support: Driver license. Professional license.
What is the interest rate on back child support in Oklahoma? ›Court-ordered past-due child support payments, court-ordered payments of suit monies and judgments for support pursuant to Section 83 of Title 10 of the Oklahoma Statutes and Sections 238.1 and 238.6B of Title 56 of the Oklahoma Statutes shall draw interest at the rate of 2% per year.
Can child support arrears be forgiven in Oklahoma? ›Oklahoma. The state permits a waiver of some or all child support arrears with court approval, provided the parents mutually agree (or the state agrees when the debt is owed to the state).
Do you have to pay child support if you have 50 50 custody in Oklahoma? ›In Oklahoma shared custody, the nonresidential parent pays child support to the residential parent. In the case of a 50/50 split, the higher earner generally pays child support to the lower earner to ensure the children's standard of living is the same in both locations.
How much does it cost to support a child? ›As they grow up, you can expect to pay for additional expenses like their hobbies, sports teams, or higher food costs for your growing teenager. The USDA estimates that parents can expect to pay between $15,438 and $17,375 a year raising a child in 2022, which can vary based on region and household income level.
Is child support taxable income in Oklahoma? ›Child support, child care payments, and alimony payments, whether court-ordered or voluntary, made directly to the household from non-household members are counted as unearned income.
Can child support take casino winnings in Oklahoma? ›And you go down one stage below that Subsection O and it includes lottery winning. So specifically by statute, lottery winnings and gambling winnings are included as part of your gross income for determining how much your child support should be.
What are the child custody laws in Oklahoma? ›There are 2 options for legal custody: sole legal custody or joint legal custody. A judge may give you or the other parent sole legal custody. A parent with sole legal custody has the right to make major decisions about the child, while the other parent does not have that right.
What is the statute of limitations on paternity in Oklahoma? ›
Except as otherwise provided in subsection B of this section, a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father shall be commenced not later than two (2) years after the birth of the child.
How long does a father have to be absent to lose his rights in Oklahoma? ›(II) date 60-calendar days after the date the child was removed from his or her home.
Which state has the highest child support percentage? ›Parents who get child support rely on it the most in Hawaii, Nevada and North Carolina. In these states, child support accounts for 25.1%, 19.8% and 19.2% of recipients' personal income, respectively. These percentages are lowest in Washington (7.3%), Ohio (8.2%) and South Carolina (8.5%).
What is considered disposable income? ›An employee's disposable earnings are considered to be your gross income minus any legally required deductions such as taxes and Social Security. The remaining income is eligible for wage garnishments and is considered disposable earnings.
What rights does a father have in Oklahoma? ›Without marriage to the mother or name on the birth certificate Oklahoma says fathers have no rights until established by a court order. Child support can still be ordered. If the child is born during a marriage a man and woman have equal rights.
Who is the primary custodial parent in Oklahoma? ›Essentially, the parent who has the children more time is the primary custodian in child custody cases in Oklahoma.
Can a father take a child away from the mother Oklahoma? ›Unless your custody order specifically says a parent cannot leave the state with the child, the other parent may be able to do so during his/her time with the child.
Can a non biological father be forced to pay child support in Oklahoma? ›What are the Child Support Obligations of Non-Biological Parents? A non-biological parent is typically not going to be obligated to pay any type of child support after a separation or a divorce from the child's biological parents. However, there is an exception of the child has been adopted.
What is 50 50 custody in Oklahoma? ›Parents may have joint custody with the children spending 50/50 time with each parent. Parents may also have joint custody with one parent having standard visitation with the child(ren). Standard visitation is generally every other weekend with alternating holidays.
What happens if you stop paying child support in Oklahoma? ›If the paying parent is severely delinquent in payments, he or she may face criminal contempt, which may be treated as a misdemeanor or a felony and carries with it harsher consequences of up to four years in jail and a $5000 dollar fine.
At what age can a child make custody decision in Oklahoma? ›
When can my child decide which parent to live with? In Oklahoma, a minor child can express a preference as to where he or she chooses to live at the age of twelve (12).
Is there a statute of limitations on back child support in Oklahoma? ›Enforcement of past due child support in Oklahoma is not subject to a Statute of Limitations.
Does Oklahoma have retroactive child support? ›Child Support in Oklahoma Is Statutory. Video Transcribed: Child support cannot be modified retroactively in Oklahoma.
At what age can a child refuse visitation in Oklahoma? ›Legally, the custodial parent must follow the visitation schedule. A child must comply until 18 years of age or is emancipated. From a practical standpoint, it can be challenging to follow the visitation schedule if the minor child clearly expresses disinterest and refuses to travel to see the other parent.
How do I close a child support case in Oklahoma? ›(e) The case applicant requests that a child support case be closed by submitting CSS Form 03GN542E, Case Closure Application – Child Support Services. When a case closure application is received, CSS staff determines if the case meets federal case closure criteria, per 45 C.F.R.
How do I file a motion to modify custody in Oklahoma? ›To modify a custody order you will need to file a Motion to Modify Custody Order with the same court where the initial custody order was issued. You will need to state why you want the modification and must show what you deem your permanent and material change in circumstance is for the court to consider your request.
How long after a divorce in Oklahoma can you remarry? ›A party in Oklahoma is restricted from remarrying within the state for a period of six months following the entry of the divorce decree.
What is the statute 43 134 in Oklahoma? ›As used in this subsection, the term cohabitation means the dwelling together continuously and habitually of a man and a woman who are in a private conjugal relationship not solemnized as a marriage according to law, or not necessarily meeting all the standards of a common-law marriage.
What are the rules for living together in Oklahoma? ›Oklahoma has long recognized common law marriage. There is no minimum time period of living together, and parties cannot simply wake up and find themselves married by virtue of their cohabitation.
How do I get my license reinstated due to child support in Oklahoma? ›Reinstate Failure to Pay Child Support. All driver license services, including issuance, renewals, reinstatements, and disability placards, are now operated by Service Oklahoma. Visit service.ok.gov for more information or call 405-522-7000.
Can you get a Texas ID if you owe back child support? ›
When you are delinquent in paying child support, the Attorney General of Texas (OAG) and/or a Texas court can order the Department to revoke your driver license or deny you the issuance of a driver license.
How far behind in child support before a warrant is issued in Florida? ›If a payment becomes due and is unpaid for 15 days, the Clerk's Office can send a Notice of Delinquency. If the delinquency plus fees are not paid within 20 days, a judgment is entered against the respondent.
How is Oklahoma child support calculated? ›In Oklahoma, child support is calculated by taking each parent's gross monthly income and subtracting any allowed “income adjustments”. These adjustments include, allowances for federal and state income taxes, health insurance, work related costs, other child support being paid or received, etc.
How do you calculate arrears? ›- Start with the employees' regular monthly salary.
- Calculate the amount from the end of the previous month up to the appropriate arrears date.
- Subtract the amount that you have already paid until the arrears effective date.
- The remaining amount gives you the arrears component.
CCPA Limits: The limits provided in the CCPA are 50 percent of disposable earnings if the parent who pays child support has a second family and 60 percent if there is no second family. These limits are each increased by 5 percent (to 55 and 65) if payments are in arrears for a period equal to 12 weeks or more.
Can a custodial parent waive back child support in Oklahoma? ›First off, parents cannot waive their obligation to pay child support. In Oklahoma, children are entitled to receive support until they are 18 years old.
How do I write a letter to forgive child support arrears? ›I, ______________________, mother of ___________________, do voluntarily and willingly waive the child support arrears due to me by my child/ren's father, ________________________, for the amount of $_________________ or whatever is the current outstanding balance due to me.
Does signing over parental rights stop child support in Oklahoma? ›Any actual notice of termination of parental rights and order terminating parental rights shall indicate that the duty of the parent to support his or her minor child will not be terminated except for adoption as provided by paragraph 3 of this subsection.
How many days is every other weekend in a year? ›Example A:
Every two weeks has 336 hours. There are 52 weeks in a year, and every other weekend results in a total of 26 weekends each year.
First off, parents cannot waive their obligation to pay child support. In Oklahoma, children are entitled to receive support until they are 18 years old.
Do you have to pay child support if you have joint custody in Oklahoma? ›
In Oklahoma shared custody, the nonresidential parent pays child support to the residential parent. In the case of a 50/50 split, the higher earner generally pays child support to the lower earner to ensure the children's standard of living is the same in both locations.
What happens to back child support when child turns 18 in Oklahoma? ›The parent responsible for making the payments must make an official request through the state of Oklahoma to end their obligation based on the child reaching the age of majority or becoming emancipated.
How can a father lose custody in Oklahoma? ›In Oklahoma, if a parent is proven unfit or unable to provide for their child, their parental rights can be terminated. A parent should be able to provide adequate care, food, shelter, and/or protection. This also applies to situations where one parent is absent from a child's life.
How can a mother lose custody of her child in Oklahoma? ›A mother who is proven to have physically and or psychologically abused her children is highly likely to lose custody of her children. Examples of physical abuse include hitting, kicking, scratching, biting, burning, physical torture, sexual abuse, or any other type of injury inflicted on the child by the mother.
How far can a parent move with joint custody in Oklahoma? ›In Oklahoma, custodial parents who want to move more than 75 miles with their minor children must give specific notice to the other parent. If the non-moving parent objects to the relocation, the court will hold a hearing to determine if the move is in the child's best interests.
How do I get full custody in Oklahoma? ›Getting Full Custody In Oklahoma
Custody requests require a motion before the court and at least one or more hearings depending upon the basis upon which the parent is requesting sole custody. Sometimes, parents can agree to full custody residing within one parent or the other.
The most common co-parenting 50/50 plans include 2-2-3, 3-4-4-3, 2-2-5-5, and alternating weeks. However, some more uncommon arrangements also exist, like alternating custody every two weeks.
How do you calculate visitation hours? ›California calculates parenting time percentage using per year. Based on the timeshare arrangement, parents add the number of visitation hours per year and divide that number by 8,760 (the total number of hours in one year).
What is the 2-2-3 schedule generator? ›In the 2-2-3 residential schedule, your child lives with one parent for 2 days of the week, spends the next 2 days with the other parent, and then returns to the first parent for 3. The next week it switches.