When it comes to modifying child support support payments, our clients almost always ask about how to figure it.  This is especially true when a client comes to us with need of a child support payments modification.  In the state of Oklahoma, the law requires that both parent’s income be part of the formula.  As a result, it looks at gross monthly income of the payor and the recipient.

Modifying Child Support Payments

Title 43 §119 of the Oklahoma Statutes shows the calculations for child support payments.  It calculates the amount by adding gross monthly income of both parents.  If this totals more than $15,000 per month, then upward adjustments on child support payments is permissible by the court.

Factors Needed For Modifying Child Support   

Child custody generally includes several factors in determining the amount a person pays and/or receives.  In the initial determination, courts consider amount of visitation time for each party, if there are sports or other extracurriculars, etc.  However, when considering a modification, the court will use alterations of these factors.  They are:

–  Has there been a significant change in the amount of time one parent spends with the children?

–  Is the child receiving the average amount of financial support as children in similar situations?

–  Will the child support payments provide a better or worse standard of living than previously?

–  Who pays for the extracurricular activities?

–  Has there been a significant change in job placement or income for one of the parents?

NEEDING EMERGENCY CUSTODY?  THIS ARTICLE EXPLAINS MORE ABOUT THE LAW.

The last factor mainly addresses if a parent receives a job lay off or a significant promotion.  In cases such as these the court will allow you to modify child support, especially if the parent loses their job.  Similarly, the courts typically follow that a parent with a significant promotion should also give a better standard of living to their child.  Therefore, child support payments could modify, but they may increase if the payer is the parent receiving the promotion.

Requesting a Modification

You are able to modify child support on your own by contacting the court clerk and asking which forms to use.  However, since the calculation is dependent upon your specific circumstances, we highly suggest you hire an attorney to help you review the modification request before filing it.