Is it legal and or right for a judge to award the other person 100% of your expense money as income?
Full Question:
Answer:
The answer will depend on all the facts involved. I am unable to determine whether this relates to child support, alimony, or other. Expense money may be included as income to a parent if it significantly reduces living expenses. Generally, the court computes child support according to the child support guidleimnes of the state. However, the court may deviate from the guidelines when the deviation is in the best interests of the child, and:
-the amount of support so indicated is unjust or inappropriate under
the circumstances,
-the parties are represented by counsel and have agreed to a different
disposition, or
- one party is represented by counsel and the deviation benefits the
unrepresented party.
The following are from OK statutes:
SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 118B[43-118B] of Title 43, unless there is created a
duplication in numbering, reads as follows:
A. As used in this act:
1. "Gross income" includes earned and passive income from any source,
except as excluded in this section;
2. "Earned income" is defined as income received from labor or the sale
of goods or services and includes, but is not limited to, income from:
a. salaries,
b. wages,
c. tips
d. commissions,
e. bonuses,
f. severance pay, and
g. military pay, including hostile fire or imminent danger pay, combat
pay, family separation pay, or hardship duty location pay; and
3. "Passive income" is defined as all other income and includes, but is
not limited to, income from:
a. dividends,
b. pensions,
c. rent,
d. interest income,
e. trust income,
f. support alimony being received from someone other than the other
parent in this case,
g. annuities,
h. social security benefits,
i. workers' compensation benefits,
j. unemployment insurance benefits,
k. disability insurance benefits,
l. gifts,
m. prizes,
n. gambling winnings,
o. lottery winnings, and
p. royalties.
B. Income specifically excluded is:
1. Actual child support received for children not before the court;
2. Adoption Assistance subsidy paid by the Department of Human Services;
3. Benefits received from means-tested public assistance programs
including, but not limited to:
a. Temporary Assistance for Needy Families (TANF),
b. Supplemental Security Income (SSI),
c. Food Stamps, and
d. General Assistance and State Supplemental Payments forAged, Blind and the Disabled;
4. The income of the child from any source, including, but not limited
to, trust income and social security benefits drawn on the disability of
the child; and
5. Payments received by the parent for the care of foster children.
C.
1. For purposes of computing gross income of the parents, gross income
shall include for each parent whichever is the most equitable of:
a. all actual monthly income described in this section, plus such
overtime and supplemental income as the court deems equitable,
b. the average of the gross monthly income for the time actually employed
during the previous three (3) years,
c. the minimum wage paid for a forty-hour week, or
d. gross monthly income imputed as set forth in subsection D of this
section.
2. If a parent is permanently physically or mentally incapacitated, the
child support obligation shall be computed on the basis of actual monthly
gross income.
D. Imputed income.
1. Instead of using the actual or average income of a parent, the court
may impute gross income to a parent under the provisions of this section if
equitable.
2. The following factors may be considered by the court when making a
determination of willful and voluntary underemployment or unemployment:
a. whether a parent has been determined by the court to be willfully or
voluntarily underemployed or unemployed, including whether unemployment
or underemployment for the purpose of pursuing additional training or
education is reasonable in light of the obligation of the parent to
support his or her children and, to this end, whether the training or
education will ultimately benefit the child in the case immediately under
consideration by increasing the parent's level of support for that child
in the future,
b. when there is no reliable evidence of income,
c. the past and present employment of the parent,
d. the education, training, and ability to work of the parent,
e. the lifestyle of the parent, including ownership of valuable assets
and resources, whether in the name of the parent or the current spouse of
the parent, that appears inappropriate or unreasonable for the income
claimed by the parent,
f. the role of the parent as caretaker of a handicapped or seriously
ill child of that parent, or any other handicapped or seriously ill
relative for whom that parent has assumed the role of caretaker which
eliminates or substantially reduces the ability of the parent to work
outside the home, and the need of that parent to continue in that role in
the future, or
g. any additional factors deemed relevant to the particular circumstances
of the case.
E. Self-employment income.
1. Income from self-employment includes income from, but not limited to,
business operations, work as an independent contractor or consultant, sales
of goods or services, and rental properties, less ordinary and reasonable
expenses necessary to produce such income.
2. A determination of business income for tax purposes shall not control
for purposes of determining a child support obligation. Amounts allowed by
the Internal Revenue Service for accelerated depreciation or investment tax
credits shall not be considered reasonable expenses.
3. The district or administrative court shall deduct from
self-employment gross income an amount equal to the employer contribution
for F.I.C.A. tax which an employer would withhold from an employee's
earnings on an equivalent gross income amount.
F. Fringe benefits.
1. Fringe benefits for inclusion as income or in-kind remuneration
received by a parent in the course of employment, or operation of a trade
or business, shall be counted as income if they significantly reduce
personal living expenses.
2. Such fringe benefits might include, but are not limited to, company
car, housing, or room and board.
3. Basic Allowance for Housing, Basic Allowance for Subsistence, and
Variable Housing Allowances for service members are considered income for
the purposes of determining child support.
4. Fringe benefits do not include employee benefits that are typically
added to the salary, wage, or other compensation that a parent may
receive as a standard added benefit, such as employer contributions to
portions of health insurance premiums or employer contributions to a
retirement or pension plan.
G. Social Security Title II benefits.
1. Social Security Title II benefits received by a child shall be
included as income to the parent on whose account the benefit of the
child is drawn and applied against the support obligation ordered to be
paid by that parent. If the benefit of the child is drawn from the
disability of the child, the benefit of the child is not added to the
income of either parent and not deducted from the obligation of either
parent.
2. Child support greater than social security benefit.
If the child support award due after calculating the child support
guidelines is greater than the social security benefit received on behalf
of the child, the obligor shall be required to pay the amount exceeding
the social security benefit as part of the child support award in the
case.
3. Child support equal to or less than social security benefits.
a. If the child support award due after calculating the child support
guidelines is less than or equal to the social security benefit received on
behalf of the child, the child support obligation of that parent is met and
no additional child support amount must be paid by that parent.
b. Any social security benefit amounts which are greater than the
support ordered by the court shall be retained by the caretaker for the
benefit of the child and shall not be used as a reason for decreasing the
child support order or reducing arrearages.
c. The child support computation form shall include a notation regarding
the use of social security benefits as offset.
4.
a. Calculation of child support as provided in subsection F of this
section shall be effective no earlier than the date on which the motion to
modify was filed.
b. The court may determine if, under the circumstances of the case, it is
appropriate to credit social security benefits paid to the custodial person
prior to a modification of child support against the past-due child support
obligation of the noncustodial parent.
c. The noncustodial parent shall not receive credit for any social
security benefits paid directly to the child.
d. Any credit granted by the court pursuant to subparagraph b of this
paragraph shall be limited to the time period during which the social
security benefit was paid, or the time period covered by a lump sum for
past social security benefits.
SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 118C[43-118C] of Title 43, unless there is created a
duplication in numbering, reads as follows:
A. Deductions for other children of either parent who are qualified under
this section may be considered by the court for the purpose of reducing the
gross income of the parent. Adjustments are available for a child:
1. Who is the biological, legal, or adopted child of the parent;
2. Who was born prior to the child in the case under consideration;
3. Whom the parent is actually supporting; and
4. Who is not before the court to set, modify, or enforce support in the
case immediately under consideration.
B. Children for whom support is being determined in the case under
consideration, stepchildren, and other minors in the home that the parent
has no legal obligation to support shall not be considered in the
calculation of this deduction.
C. If the court finds a parent has a parent-child relationship with a
child not before the court, the court may grant a deduction for that
child as set forth in subsection D of this section.
D. Calculation of deduction for qualified other children.
1. Out-of-home children.
a. To receive a deduction against gross income for child support
provided pursuant to a court order for qualified other children whose
primary residence is not in the home of the parent seeking deduction, the
parent shall establish the existence of a support order and provide
documented proof of support paid for the other child consistently over a
reasonable and extended period of time prior to the initiation of the
proceeding that is immediately under consideration by the tribunal, but in
any event, such time period shall not be less than twelve (12) months.
b. Documented proof of support includes:
(1) physical evidence of monetary payments to the caretaker of the child,
such as canceled checks or money orders, and
(2) evidence of payment of child support under another child support
order, such as a payment history from a tribunal clerk or child support
office or from the Internet child support payment history of the Department
of Human Services.
c. The available deduction against gross income for either parent's
qualified children not in the home of the parent is the actual documented
court-ordered current monthly child support obligation of the qualified
other children, averaged to a monthly amount of support paid over the
most recent twelve-month period.
2. In-home children.
a. To receive a deduction against gross income for qualified prior-born
other children whose primary residence is with the parent seeking
deduction, but who are not part of the case being determined, the parent
must establish a legal duty of support and that the child resides with
the parent more than fifty percent (50%) of the time. Documents that may
be used to establish that the parent and child share the same residence
include the school or medical records showing the address of the child
and the utility bills of the parents mailed to the same address, court
orders reflecting the parent is the primary residential parent or that
the parent shares the parenting time of the child fifty percent (50%) of
the time.
b. The deduction for other qualified children shall be computed as a
hypothetical child support order calculated using the deduction
worksheet, the gross income of the parents, the total number of qualified
other children living in the home of the parent, and the Child Support
Guideline Schedule. The deduction worksheet shall be prepared by the
Department of Human Services and shall be published by the Administrative
Office of the Courts.
c. The available deduction against gross income for the qualified in-home
children of either parent is seventy-five percent (75%) of a hypothetical
support order calculated according to these Guidelines, using the Deduction
Worksheet, the gross income of the parent less any self-employment taxes
paid, the total number of qualified other children living in the home of the
parents, and the Child Support Guideline Schedule.
SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 118D[43-118D] of Title 43, unless there is created a
duplication in numbering, reads as follows:
A. All child support shall be computed as a percentage of the combined
gross income of both parents. The Child Support Guideline Schedule as
provided in Section 119[43-119] of Title 43 of the Oklahoma Statutes shall
be used for such computation. The child support obligation of each parent
shall be computed. The share of the obligor shall be paid monthly to the
obligee and shall be due on a specific date.
B. In cases in which one parent has sole physical custody, the adjusted
monthly gross income of both parents shall be added together and the Child
Support Guideline Schedule consulted for the total combined base monthly
obligation for child support.
C. After the total combined child support is determined, the percentage
share of each parent shall be allocated by computing the percentage
contribution of each parent to the combined adjusted gross income and
allocating that same percentage to the child support obligation to
determine the base child support obligation of each parent.
D.
1. In cases of split physical custody, where each parent is awarded
physical custody of at least one of the children for whom the parents are
responsible, the child support obligation for each parent shall be
calculated by application of the child support guidelines for each
custodial arrangement.
2. The parent with the larger child support obligation shall pay the
difference between the two amounts to the parent with the smaller child
support obligation.
E. Child support shall be computed as set forth in subsections A
through D of this section in every case, regardless of whether the
custodial arrangement is designated as sole custody or joint custody.
F. The court, to the extent reasonably possible, shall make provision
in an order for prospective adjustment of support to address any foreseen
changes including, but not limited to, changes in medical insurance,
child care expenses, medical expenses, extraordinary costs, and the
satisfaction of jointly acquired debt of the parents used as a deduction
from the gross income of a parent.
G. Transportation expenses of a child between the homes of the parents
may be divided between the parents in proportion to their adjusted gross
income, so long as the payment of such expenses does not significantly
reduce the ability of the custodial parent to provide for the basic needs
of the child.
H. The social security numbers of both parents and the children who are
the subject of a paternity or child support order shall be included in
the support order summary form provided for in Section 120[43-120] of
Title 43 of the Oklahoma Statutes.
I. A completed support order summary form shall be presented to the
judge with all paternity and child support orders where the Department of
Human Services is not a necessary party pursuant to Section 112[43-112]
of Title 43 of the Oklahoma Statutes. No such order shall be signed by
the judge without presentation of the form.
SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 118E[43-118E] of Title 43, unless there is created a
duplication in numbering, reads as follows:
A. Parenting time adjustment.
1. The adjustment may be granted based upon a court order or agreement
that the noncustodial parent is granted at least one hundred twenty-one
(121) overnights of parenting time per twelve-month period with the
children in the case under consideration.
2. Average parenting time. If there are multiple children for whom
support is being calculated, and the parent seeking the parenting time
adjustment is spending a different amount of time with each child, then
an annual average of parenting time with all of the children shall be
calculated.
B. In cases of split physical custody, either parent may be eligible
for a parenting time adjustment.
C. Parenting time adjustments are not mandatory, but presumptive. The
presumption may be rebutted in a case where the circumstances indicate the
adjustment is not in the best interest of the child or that the increased
parenting time by the noncustodial parent does not result in greater
expenditures which would justify a reduction in the support obligation.
D. Reduction in child support obligation for additional parenting time.
1. If the parent receiving the parenting time adjustment is granted one
hundred twenty-one (121) or more overnights of parenting time per
twelve-month period with a child, or an average of one hundred twenty-one
(121) overnights with all applicable children, a reduction to the child
support obligation of the parent may be made as set forth in this section.
2. A parenting time adjustment shall be made to the base monthly child
support obligation by the following formula: The total combined base
monthly child support obligation shall be multiplied by a factor
determined by the number of overnights granted to the noncustodial
parent. The result shall be designated the adjusted combined child support
obligation. In a case where the noncustodial parent is granted:
a. one hundred twenty-one (121) overnights to one hundred thirty-one
(131) overnights, the factor shall be two (2),
b. one hundred thirty-two (132) overnights to one hundred forty-three
(143) overnights, the factor shall be one and three-quarters (1.75), or
c. one hundred forty-four (144) or more overnights, the factor shall be
one and one-half (1.5).
3. To determine the adjusted child support obligation of each parent, the
adjusted combined child support obligation shall be divided between the
parents in proportion to their respective adjusted gross incomes.
4.
a. The percentage of time a child spends with each parent shall be
calculated by determining the number of overnights for each parent and
dividing that number by three hundred sixty-five (365).
b. The share of the adjusted combined child support obligation for each
parent shall then be multiplied by the percentage of time the child spends
with the other parent to determine the base child support obligation owed
to the other parent.
c. The respective adjusted base child support obligations for each
parent are then offset, with the parent owing more base child support
paying the difference between the two amounts to the other parent. The
base child support obligation of the parent owing the lesser amount is
then set at zero dollars ($0.00).
5. The parent owing the greater amount of base child support shall pay
the difference between the two amounts as a child support order. In no
event shall the provisions of this paragraph be construed to authorize or
allow the payment of child support by a parent having more than two
hundred five (205) overnights.
E.
1. Failure to exercise or exercising more than the number of
overnights upon which the parenting time adjustment is based, is a
material change of circumstances.
2. If the court finds that the obligor has failed to exercise a
significant number of the overnights provided in the court order
necessary to receive the parenting time adjustment, in a proceeding to
modify the child support order, the court may establish the amount that
the obligor has underpaid due to the application of the parenting time
adjustment as a child support judgment that may be enforced in the same
manner as any other child support judgment.
3. The court may rule that the obligor will not receive the parenting
time adjustment for the next twelve-month period. After a twelve-month
period during which the obligor did not receive the parenting time
adjustment, the obligor may petition the court to modify the child
support order. The obligor may be granted a prospective parenting time
adjustment upon a showing that the obligor has actually exercised the
threshold number of overnights in the preceding twelve months. No
retroactive modification or credit from the child support guidelines
amount shall be granted based on this section.
SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 118F[43-118F] of Title 43, unless there is created a
duplication in numbering, reads as follows:
A. The court shall enter a medical support order in any case in which
an ongoing child support order is entered or modified. Medical support,
for the purpose of this section, is defined as health insurance, cash
medical support, or a combination of both.
1. "Health insurance" includes:
a. fee for service,
b. health maintenance organization,
c. preferred provider organization, and
d. other types of coverage, including, but not limited to, Indian
Health Services or Defense Eligibility Enrollment Reporting System
(DEERS), which is available to either parent under which medical services
could be provided to the dependent children.
2. "Cash medical support" means:
a. an amount ordered to be paid toward the cost of health coverage
provided by a public entity or by a person other than the parents through
employment or otherwise, or
b. fixed periodic payments for ongoing medical costs.
B. In entering a temporary order, the court shall order that any health
insurance coverage in effect for the child continue in effect pending the
entering of a final order, unless the court finds that the existing
health insurance coverage is not reasonable in cost or is not accessible
as defined in subsection D of this section. If there is no health
insurance coverage in effect for the child or if the insurance in effect
is not available at a reasonable cost or is not accessible, the court
shall order health care coverage for the child as provided in this
subsection, unless the court makes a written finding that good cause
exists not to enter a temporary medical support order.
C. On entering a final order, the court shall:
1. Make specific orders with respect to the manner in which health care
coverage is to be provided for the child, in accordance with the priorities
identified in subsection F of this section; and
2. Require the parent ordered to provide health care coverage for the
child as provided under this section to produce evidence to the court's
satisfaction that the parent has applied for or secured health insurance
or has otherwise taken necessary action to provide for health care
coverage for the child, as ordered by the court.
D. When the court enters a medical support order, the medical support
order must be reasonable in cost and accessible.
1. "Reasonable in cost" means that the actual premium cost paid by the
insured does not exceed five percent (5%) of the gross income of the
responsible parent. To calculate the actual premium cost of the health
insurance, the court shall:
a. deduct from the total insurance premium the cost of coverage for the
parent and any other adults in the household,
b. divide the remainder by the number of dependent children being
covered, and
c. multiply the amount per child by the number of children in the child
support case under consideration.
2. "Accessible health insurance" means that:
a. there are available providers appropriate to meet the primary
individual health care needs of the children no more than sixty (60) miles
one way from the primary residence of the children.
b. If a parent has available health coverage which includes an option
that would be accessible to the child, but the parent has not currently
enrolled in that option, the court may require the parent to change
existing coverage to an option that is accessible to the child.
3. If the parties agree or the court finds good cause exists, the court
may order medical coverage in excess of the five percent (5%) cost standard
or the sixty-mile distance standard.
E. The court shall consider the cost and quality of health insurance
coverage available to the parties and shall give priority to health
insurance coverage available through the employment of one of the parties
if the coverage meets the standards in subsection D of this section. If
both parents have coverage available, the court shall give priority to
the preference of the custodial person.
F. In determining the manner in which health care coverage for the child
is to be ordered, the court shall enter an order in accordance with the
following priorities and subsection D of this section, unless a party shows
good cause why a particular order would not be in the best interest of the
child:
1. If health insurance is available for the child through the employment
of a parent or membership in a union, trade association, or other
organization, the court shall order that parent to enroll the child in the
health insurance of the parent;
2. If health insurance is not available for the child under paragraph 1
of this subsection but is available to a parent from another source, the
court may order that parent to provide health insurance for the child;
3. If the court finds that neither parent has access to private health
insurance at a reasonable cost, the court shall order the parent awarded
the exclusive right to designate the child's primary residence or, to the
extent permitted by law, the other parent to apply immediately on behalf
of the child for participation in a government medical assistance program
or health plan. If the child participates in a government medical
assistance program or health plan, the court shall order cash medical
support under paragraph 4 of this subsection, in accordance with rules
promulgated by the Oklahoma Health Care Authority and the Oklahoma
Department of Human Services;
4. Cash medical support.
a. If health insurance coverage is not available for the child under
paragraph 1 or 2 of this subsection, the court shall determine the amount
to be treated as the actual monthly medical costs for the child and order
the obligor to pay, in addition to the obligors current child support
obligation, an amount as cash medical support for the child.
b. The cash medical support order shall not exceed the pro rata share
of the actual monthly medical expenses paid for the child, or five
percent (5%) of the gross monthly income of the obligor, whichever is
less.
c.
(1) In determining the actual monthly medical costs for the child, the
court shall determine:
(a) for children who are participating in a government medical
assistance program or health plan, an amount consistent with rules
promulgated by the Oklahoma Health Care Authority determining the rates
established for the cost of providing medical care through a government
medical assistance program or health plan, or
(b) for children who are not participating in a government medical
assistance program or health plan, an amount consistent with rules
promulgated by the Department of Human Services determining the average
monthly cost of health care for uninsured children.
(2) The court may also consider:
(a) proof of past medical expenses incurred by either parent for the
child,
(b) the current state of the health of the child, and
(c) any medical conditions of the child that would result in an increased
monthly medical cost.
G. An order requiring the payment of cash medical support under
paragraph 4 of subsection F of this section must allow the obligor to
discontinue payment of the cash medical support if:
1. Health insurance for the child becomes available to the obligor at a
reasonable cost; and
2. The obligor:
a. enrolls the child in the insurance plan, and
b. provides the obligee and, in a Title IV-D case, the Title IV-D agency,
the information required under paragraph 2 of subsection C of this section.
H.
1. The actual health insurance premium for the child shall be
allocated between the parents in the same proportion as their adjusted
gross income and shall be added to the base child support obligation.
2. If the obligor pays the health insurance premium, the obligor shall
receive credit against the base child support obligation for the allocated
share of the health insurance premium for which the obligee is responsible.
3. If the obligee pays the health insurance premium, the obligor shall
pay the allocated share of the health insurance premium to the obligee in
addition to the base child support obligation.
4. The parent providing the health insurance coverage shall furnish to
the other parent and to the Child Support Enforcement Division of the
Department of Human Services, if services are being provided pursuant to
Title IV, Part D of the Social Security Act, 42 U.S.C. Section 601 et
seq., with timely written documentation of any change in the amount of
the health insurance cost premium, carrier, or benefits within thirty
(30) days of the date of the change. Upon receiving timely notification
of the change of cost, the other parent is responsible for his or her
percentage share of the changed cost of the health insurance.
5. If the court finds that the obligor has underpaid child support due to
changes in the cost of health insurance, the amount of underpayment may
established by the court and enforced in the same manner as any other
delinquent child support judgment. If the court finds that the obligor has
overpaid due to changes in health insurance coverage cost, the overpayment
shall be satisfied:
a. by offset against any past-due child support owed to the obligee, or
b. by adjustment to the future child support amount over a
thirty-six-month period.
I. Reasonable and necessary medical, dental, orthodontic, optometric,
psychological, or any other physical or mental health expenses of the
child incurred by either parent and not paid or reimbursed by insurance
or included in a cash medical support order pursuant to paragraph 4 of
subsection F of this section shall be allocated in the same proportion as
the adjusted gross income of the parents as separate items that are not
added to the base child support obligation. If reimbursement is
required, the parent who incurs the expense shall provide the other
parent with proof of the expense within forty-five (45) days of receiving
the Explanation of Benefits from the insurance provider or other proof of
the expense if the expense is not covered by insurance. The parent
responsible for reimbursement shall pay his or her portion of the expense
within forty-five (45) days of receipt of documentation of the expense.
J. In addition to any other sanctions ordered by the court, a parent
incurring uninsured dependent health expenses or increased insurance
premiums may be denied the right to receive credit or reimbursement for
the expense or increased premium if that parent fails to comply with
subsections H and I of this section.
K. The parent desiring an adjustment to the ongoing child support order
due to a change in the amount of dependent health insurance premium shall
initiate a review of the order in accordance with Section 10 of this act.
SECTION 8. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 118G[43-118G] of Title 43, unless there is created a
duplication in numbering, reads as follows:
A. The district or administrative court shall determine the actual
annualized child care expenses reasonably necessary to enable either or
both parents to:
1. Be employed;
2. Seek employment; or
3. Attend school or training to enhance employment income.
B. When a parent is participating in the Department of Human Services
child care subsidy program as provided under Section 230.50[56-230.50] of
Title 56 of the Oklahoma Statutes, the Child Care Eligibility/Rates
Schedule established by the Department shall be used to determine the
amount to be treated as actual child care costs incurred. When applying
the schedule to determine the family share copayment amount, the share of
the base monthly obligation for child support of the non-responsible
parent and the gross income of the obligee shall be considered as the
monthly income of the obligee. The actual child care costs incurred shall
be the family share copayment amount indicated on the schedule which
shall be allocated and paid monthly in the same proportion as base child
support. The Department of Human Services shall promulgate rules, as
necessary, to implement the provisions of this section.
C. The actual annualized child care costs incurred for the purposes
authorized by this section shall be allocated and added to the base child
support order, and shall be part of the final child support order.
D. The district or administrative court shall require the parent
incurring child care expenses to notify the obligor within forty-five
(45) days of any change in the amount of the child care costs that would
affect the annualized child care amount as determined in the order.
E. A parent may be allowed to provide child care incurred during
employment, employment search, or while the other parent is attending
school or training if the court determines it would lead to a significant
reduction in the actual annualized child care cost.
SECTION 9. NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 118G[43-118G] of Title 43, unless there is created a
duplication in numbering, reads as follows:
A. No deviation in the amount of the child support obligation shall be
made which seriously impairs the ability of the obligee in the case under
consideration to maintain minimally adequate housing, food, and clothing
for the children being supported by the order or to provide other basic
necessities, as determined by the court.
B.
1. The district or administrative court may deviate from the amount of
child support indicated by the child support guidelines if the deviation is
in the best interests of the child, and:
2.
a. the amount of support so indicated is unjust or inappropriate under
the circumstances,
b. the parties are represented by counsel and have agreed to a different
disposition, or
c. one party is represented by counsel and the deviation benefits the
unrepresented party.
C. If the district or administrative court deviates from the amount of
child support indicated by the child support guidelines, the court shall
make specific findings of fact supporting such action. The findings of
fact shall include:
1. The reasons the court deviated from the presumptive amount of child
support that would have been paid pursuant to the guidelines,
2. The amount of child support that would have been required under the
guidelines if the presumptive amount had not been rebutted, and
3. A finding by the court that states how, in its determination:
a. the best interests of the child who is subject to the support award
determination are served by deviation from the presumptive guideline
amount, and
b. application of the guidelines would be unjust or inappropriate in the
particular case before the tribunal.
D. In instances of extreme economic hardship, deviation from the
guidelines may be considered when the court finds the deviation is
supported by the evidence and is not detrimental to the best interests of
the child before the court.
E. If a parent is residing with a child with extraordinary medical
needs not covered by insurance or other special needs, the court must
consider all resources available for meeting such needs, including those
available from public agencies and other responsible adults.
F. In cases where the child is in the legal custody of the Department
of Human Services, the child protection or foster care agency of another
state or territory, or any other child-caring entity, public or private,
the court may consider a deviation from the presumptive child support
order if the deviation will assist in accomplishing a permanency plan or
foster care plan for the child that has a goal of returning the child to
the parent, and the parents need to establish an adequate household or to
otherwise adequately prepare herself or himself for the return of the
child clearly justifies a deviation for this purpose.
G. Extraordinary educational expenses.
1. Extraordinary educational expenses may be added to the presumptive
child support as a deviation. Extraordinary educational expenses
include, but are not limited to, tuition, room and board, books, fees,
and other reasonable and necessary expenses associated with special needs
education for a child with a disability under the Individuals with
Disabilities Educational Act that are appropriate to the financial
abilities of the parent.
2. In determining the amount of deviation for extraordinary educational
expenses, scholarships, grants, stipends, and other cost-reducing programs
received by or on behalf of the child shall be considered.
H. Special expenses.
1. Special expenses incurred for child rearing which can be quantified
may be added to the child support obligation as a deviation from the
Current Monthly Child Support Obligation. Such expenses include, but are
not limited to, private school tuition, camp, music or art lessons,
travel, school-sponsored extra-curricular activities, such as band,
clubs, and athletics, and other activities intended to enhance the
athletic, social or cultural development of a child, but that are not
otherwise required to be used in calculating the child support order as
are health insurance premiums and work-related child care costs.
2. Some factors the court may consider in determining whether to
deviate for such extraordinary expenses include: a history of expenditure
for such activities, the financial ability of the parents to provide such
activities, and that the child has exhibited an extraordinary aptitude
for the activity.
3. In determining the amount of deviation for extraordinary educational
expenses, scholarships, grants, stipends, and other cost-reducing programs
received by or on behalf of the child shall be considered.