In Oklahoma, completely avoiding child support if you have a legal obligation to support your child is generally not possible. Child support is a legal duty intended to ensure the financial well-being of a child after parents separate. However, there are significant ways to reduce or mitigate the amount of child support owed.
Understanding Child Support Obligations in Oklahoma
Oklahoma law mandates that both parents have a legal responsibility to financially support their children. Child support amounts are calculated based on the Oklahoma Child Support Guidelines, which consider various factors to determine a fair and equitable amount. These guidelines aim to ensure that children receive the same proportion of parental income they would have received if the parents lived together.
Can You Completely Avoid Child Support?
As a general rule, if you are the legal parent of a child, you cannot simply "avoid" child support in Oklahoma. A court order for child support is legally binding. Failure to pay can result in serious consequences, including:
- Wage garnishment
- Lien on property
- Suspension of driver's licenses or professional licenses
- Contempt of court charges, potentially leading to jail time
The only circumstances under which you might not pay child support are if there is no existing order, if the child is emancipated, or if your parental rights have been legally terminated (which itself is a complex process and usually does not eliminate past-due support).
Strategies to Reduce or Mitigate Child Support
While outright avoidance is not an option, there are effective strategies to significantly reduce your child support obligation:
1. Shared Parenting Time
A primary method to drastically reduce the amount one parent pays to the other is by having a shared parenting schedule where the child spends a significant and roughly equal amount of time at both parents' homes. When the child's time is about half with one parent and half with the other, it indicates that both parents are directly contributing to the child's daily needs, which tends to lower the need for one parent to pay a large sum to the other.
- How it works: The Oklahoma Child Support Guidelines include a "Shared Parenting" calculation that adjusts the basic support obligation based on the number of overnight visits each parent has. The more overnights a child spends with the non-custodial parent, the greater the potential reduction in support.
- Practical Insight: Aiming for a near 50/50 custody schedule, if feasible and in the child's best interest, can substantially lower your child support payment.
2. Accurate Income and Expense Reporting
Ensure that all financial information used in the child support calculation is accurate and up-to-date. This includes:
- Verifying Gross Income: Both parents' gross monthly incomes are used. Make sure all sources of income (salaries, wages, bonuses, self-employment income, benefits, etc.) are correctly reported.
- Identifying Allowable Deductions: The guidelines allow for certain deductions from gross income, such as:
- Childcare costs incurred by either parent
- Health and dental insurance premiums for the child
- Support paid for other children from different relationships
- Extraordinary medical expenses
- Other specified expenses as per the guidelines.
3. Proving a Material Change in Circumstances
Child support orders are not necessarily permanent. They can be modified if there is a "material change in circumstances" that significantly affects the support amount. Examples include:
- A substantial increase or decrease in either parent's income.
- A significant change in the child's needs.
- A change in the custody schedule that results in a different number of overnights.
- A change in the cost of health insurance or childcare.
If you experience such a change, you can petition the court to modify the existing order.
4. Understanding Imputed Income
Courts may "impute" income to a parent who is voluntarily unemployed or underemployed. This means the court will assign an income to that parent based on their earning capacity, even if they are not currently earning that much. To avoid imputed income, you must demonstrate a valid reason for unemployment or underemployment, such as a disability or caring for a child with special needs.
Legal Considerations and Seeking Guidance
Navigating Oklahoma child support laws can be complex. The calculations are precise, and miscalculations or oversight of relevant factors can lead to an inaccurate order. It is highly recommended to:
- Consult with a legal professional: An attorney specializing in family law can help ensure all calculations are accurate, advocate for your interests, and guide you through the process of establishing or modifying a child support order.
- Understand the Oklahoma Child Support Guidelines: Familiarize yourself with how support is calculated.
By understanding the factors that influence child support and actively engaging in parenting, especially through shared custody arrangements, you can significantly reduce your financial obligation in Oklahoma.
