Okla. Admin. Code § 340:25-5-178

Current through Vol. 42, No. 4, November 1, 2024

Section 340:25-5-178 - Calculating new and modified child support obligations

(a)Legal authority. Oklahoma Human Services Child Support Services (CSS) establishes current child support, per:

(1) Sections 654, 656, and 666 of Title 42 of the United States Code (42 U.S.C. §§ 654, 656, and 666);

(2) Parts 302 and 303 of Title 45 of the Code of Federal Regulations; and

(3) Section 83 of Title 10 of the Oklahoma Statutes (10 O.S. § 83); Title 43; and 56 O.S. §§ 231 through 240.23.

(b)Child support guidelines. CSS uses the child support guidelines in 43 O.S. §§ 118-118I and 119 to:

(1) establish current child support amount; and

(2) prepare a child support computation form CSS prescribes and the Administrative Office of the Courts publishes on the Oklahoma State Courts Network website, per 43 O.S. § 120.

(c)Child support computation. CSS uses the best evidence available to determine a parent's monthly gross income for the child support computation form, including written earning records, past job history, and earning ability based on education and training, with a continued emphasis on setting fair and equitable child support orders, per 43 O.S. §§ 118-118I. When requesting the court enter or modify child support orders in a noncustodial parent's (NCP) multiple cases, CSS may request the court deviate from the child support guidelines amounts, per 43 O.S. § 118H.

(d)Gross income. When determining gross income for the child support computation, CSS follows 43 O.S. § 118B.

(e)Child care. To establish the current child support amount, CSS considers "actual" child care expenses to be the amount the parent(s) or custodial person (CP) pays to the child care provider. CSS considers a child care subsidy recipient's copay to be the actual child care expenses. CSS determines prospective annual child care costs and allocates this amount between the parents in the same proportion as their adjusted gross income. The amount allocated to the NCP becomes part of the fixed monthly child support obligation.

(f)Juvenile Court cases.

(1)Deprived cases. When a case is referred, CSS establishes child support orders in deprived court actions, per 10A O.S. § 1-4-702, and prepares the child support order on the standard child support order form CSS prescribes and the Administrative Office of the Courts publishes on the Oklahoma State Courts Network website.

(2)Delinquent cases. When a case is referred, CSS establishes a child support order against each parent of a child in the custody of the Oklahoma Office of Juvenile Affairs, per 43 O.S. §§ 118 through 118I.

(g)Intergovernmental majority age. CSS establishes child support orders for a child(ren) for whom child support is imposable under applicable law.

(h)Minor parents. When a parent is a minor, CSS establishes paternity, per Oklahoma Administrative Code 340:25-5176, when necessary, and establishes a child support order.

(1) When a minor NCP or a CP is younger than 16 years of age, CSS does not impute gross income for the minor parent in the child support computation and only uses actual income.

(2) When a minor NCP or CP is between 16 and 18 years of age and regularly and continuously attending high school, unless otherwise inappropriate, CSS uses either the minor parent(s) imputed gross income based on minimum wage at 20 hours per week or actual income.

(i)Adult disabled child. CSS enforces child support orders for adults with disabilities, per 43 O.S. § 112.1A. CSS establishes or modifies child support orders to continue after the child reaches the age of majority, per 43 O.S. § 112.1A, when the application or referral for Title IV-D services is received during the period when child support is due, per 43 O.S. § 112.

(j)Incarcerated NCP.

(1) Per 43 O.S. §§ 118B and 118I, when an NCP is incarcerated for more than 180 consecutive days, CSS requests the court enter a child support and medical support order using actual income of $0, unless:

(A) there is evidence of income or assets independent of incarceration;

(B) incarceration is a result of indirect contempt of court for failure to pay child support;

(C) incarceration is a result of a crime of omission to provide child support; or

(D) the incarceration is a result of an offense in which the CP dependent child or the CP was a victim.

(2) When an NCP is released from incarceration, and:

(A) an existing child support order is abated, the monthly child support obligation reverts back to the pre-incarceration order amount beginning the first day of the month following a lapse of 90-calendar days upon release from incarceration, per 43 O.S. §§ 118B and 118I; or

(B) there is no existing child support order, CSS requests the court order state that upon release from incarceration, the monthly child support amount is set based on 43 O.S. §§ 118B and 118I.

(k)Military. When CSS establishes a child support order for a Servicemember's child, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in 50 U.S.C. §§ 3901 through 4043.

(l)Disability benefits. CSS does not impute gross income to a person the Social Security Administration determines disabled.

(m)Default orders. When a default order for child support is ordered and either party contacts CSS in writing within 30-calendar days of the entry of the default order and provides information to calculate an accurate child support obligation, CSS treats the request as a motion to vacate or modify, and requests the court enter a new order consistent with the evidence presented.

Okla. Admin. Code § 340:25-5-178

Added at 9 Ok Reg 3275, eff 6-26-92 (emergency); Added at 10 Ok Reg 1813, eff 5-13-93; Amended at 17 Ok Reg 2426, eff 7-1-00; Amended at 18 Ok Reg 1226, eff 7-1-01; Amended at 19 Ok Reg 1746, eff 7-1-02; Amended at 20 Ok Reg 1240, eff 7-1-03; Amended at 21 Ok Reg 1344, eff 7-1-04; Amended at 21 Ok Reg 3155, eff 7-22-04 (emergency); Amended at 22 Ok Reg 1221, eff 7-1-05; Amended at 23 Ok Reg 1842, eff 7-1-06; Amended at 24 Ok Reg 1301, eff 7-1-07; Amended at 25 Ok Reg 1307, eff 7-1-08; Amended at 26 Ok Reg 1245, eff 7-1-09; Amended at 27 Ok Reg 1201, eff 7-1-10; Amended at 28 Ok Reg 812, eff 7-1-11; Amended at 29 Ok Reg 765, eff 7-1-12

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/15/2014

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/15/2015

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/15/2020

Amended by Oklahoma Register, Volume 39, Issue 06, December 1, 2021, eff. 11/1/2021

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024