November 29, 2023
Calculating Child Support: The courts expect both parents to support their child financially after the divorce in a manner that is as close to the pre-divorce situation as possible. Oklahoma uses a formula to calculate which parent pays child support to the other so that the associated costs of supporting the child are divided fairly between them.
Child support is usually paid in regularly scheduled monetary payments. The formula for calculating these payments includes factors such as:
An individual case may have other factors that the judge considers as well. So, if the physical custody schedule is 50/50, then the parent who makes the most income will probably be paying child support. For example, if one parent is making $70,000 and the other is making minimum wage, and they’re doing a 50/50 split on visitation, the parent making $70,000 will pay child support to the other parent.
However, if the child lives the majority of the time with the parent who makes $70,000, the parent making minimum wage may have to pay child support because of the number of overnights and other factors in the case.
No Stipulations: The courts will not allow a parent to impose stipulations on how the other parent spends the child support. The paying parent cannot say they will only pay if they get a say in how the money is spent. It won’t work, and it could get that parent in trouble with the court.
It may help to keep in mind that the amount that the court sets is intended to care for the child in a safe, stable home with food and clothing. Each parent is paying a percentage of the cost of this care based on the child support calculation factors mentioned previously.
The child may not have fancy clothes and shoes, but as long as they have adequate clothing, then the courts will find that satisfactory. If the other parent deposits the child support and purchases the clothing, then it can be said that the child support paid for the clothes.
On the other hand, if a parent is receiving child support, and the child isn’t being clothed well, but the parent buys treats and indulges themselves in frivolous or luxury items, then it may become obvious that the money for the child is being spent on the parent. In that case, the paying parent may want to try to make a case that the money should be spent differently to adequately care for the child.
Even if the courts get involved, the paying parent still will not be able to dictate how the money can be spent.
For more information on Child Support Awards In an OK Divorce Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 792-2400 today.
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Oklahoma City, OK 73132