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:
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).
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. In no event shall the amount of child support ordered to be paid by a parent exceed the amount which would otherwise be ordered if the parent was not eligible for the parenting time adjustment.
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 (12) months. No retroactive modification or credit from the child support guidelines amount shall be granted based on this section.
Added by Laws 2008, c. 407, § 6, eff. July 1, 2009. Amended by Laws 2015, c. 238, § 1, eff. Nov. 1, 2015.
Structure Oklahoma Statutes
§43-3.1. Recognition of marriage between persons of same gender prohibited.
§43-5. Application - Fees - Issuance of license and certificate.
§43-5.1. Premarital counseling.
§43-7. Solemnization of marriages.
§43-8. Endorsement and return of license.
§43-9. Records - Return of original.
§43-10. Evidence before issue of license.
§43-11. Copy of record - Admission as evidence.
§43-14. Penalty for performing unlawful marriage.
§43-15. Miscellaneous offenses - Penalties.
§43-16. Soliciting in or near court house or grounds prohibited.
§43-17. Punishment for violations.
§43-18. Injunction against violations.
§43-102. Residence of plaintiff or defendant.
§43-103. Venue for any action for divorce, annulment of a marriage or legal separation.
§43-104. Personal jurisdiction in certain divorce actions.
§43-104.1. District court referees.
§43-105. Petition and summons.
§43-107.2. Actions where minor child involved - Court-ordered educational program.
§43-107.4. Motion for an emergency custody hearing.
§43-108. Parties in equal wrong - Custody of children - Disposition of property.
§43-109.1. Custody during parents' separation.
§43-109.2. Paternity determination.
§43-109.3. Custody, guardianship or visitation cases - Evidence of domestic abuse.
§43-109.4. Grandparental visitation rights.
§43-109.5. Voluntary relinquishment of physical custody –Presumption.
§43-110. Automatic temporary injunction – Temporary orders.
§43-110.1. Shared parenting - Policy.
§43-110.1a. Oklahoma Child Supervised Visitation Program – Policy – Definitions.
§43-110.2. Blood, saliva, urine or any other tests – Child custody or visitation.
§43-111.1A. Standard visitation schedule – Advisory guidelines.
§43-111.2. Civil action for child stealing.
§43-112. Care and custody of children.
§43-112.1A. Definitions - Child support - Parental rights and duties – Actions and jurisdiction.
§43-112.2A. Parent's right to change child's residence.
§43-112.3. Notice of proposed relocation or change of residence.
§43-112.4. No duty to maintain stepchildren.
§43-112.6. Awarding of attorney fees and costs – Victim of domestic violence or stalking.
§43-112.7. Modification of custody - Military deployment.
§43-112A. Central case registry on IV─-D cases and child support orders.
§43-113. Preference of child – Record of interview.
§43-114. Interest on court-ordered past-due child support payments and payments of suit monies.
§43-115. Order for child support or modification of order - Provision for income assignment.
§43-116. Security, bond or other guarantee for child support.
§43-117. Modification, suspension or termination of order for income assignment.
§43-118. Child support guidelines.
§43-118.1. Review of child support orders - Disclosure of financial status.
§43-118.2. Employer sponsored health care coverage.
§43-118.3. Request for wage and tax information.
§43-118.4. Assignment or transfer of child support benefits – Attorney fees.
§43-118C. Deductions from gross income for qualified other children.
§43-118E. Parenting time adjustment - Reduction in child support obligation.
§43-118F. Medical support order for health care coverage.
§43-118G. Actual annualized child care expenses.
§43-118H. Deviation from guidelines child support amount.
§43-118I. Modification of child support orders.
§43-119. Computation of child support obligations.
§43-120.4. Report of decision.
§43-120.5. Fees - Appointment.
§43-120.7. Court expert - Procedures.
§43-121. Restoration of maiden or former name - Alimony - Division of property.
§43-123. Remarriage and cohabitation - Appeal from judgment.
§43-125. Validation of decrees annulling marriage or granting divorce.
§43-126. Remarriage within six months as ground for annulment.
§43-127. Time when judgments in divorce actions become final - Effect of appeal.
§43-128. Avoidance of marriage of incompetents.
§43-129. Alimony without divorce.
§43-131. Residency in divorce cases.
§43-133. Setting aside of divorce decrees upon petition of parties.
§43-135. Lien for arrearage in child support payments.
§43-139. Legal right to child support.
§43-140. Problem-solving court program - Participation by obligors of state child support plan.
§43-150. Deployed Parents Custody and Visitation Act.
§43-150.2. Custodial responsibility – Jurisdiction - Residency.
§43-150.3. Deployed parent - Exercise of visiting rights by third party.
§43-150.4. Deployment orders - Copy to nondeploying parent.
§43-150.6. Temporary custody orders - Deploying parent privilege.
§43-150.7. Permissible court orders.
§43-150.8. Court-ordered visitation - Appearance at hearing - Rebuttable presumptions.
§43-150.9. Notification of completion of deployment.
§43-150.10. Bad faith - Penalties.
§43-205. Relations cannot be altered by contract - Separation agreements.
§43-206. Mutual consent as consideration for separation agreement.
§43-207. Manner of holding property - Inventory of separate property.
§43-208. Liability for acts and debts of spouse - Curtesy and dower abolished.
§43-209.1. Joint and several liability of husband and wife.
§43-209.2. Parent's liability for value of child's necessaries.
§43-210. Liability on abandonment or separation by agreement.
§43-211. Management, sale or encumbrance of property of one by the other, when.
§43-212. Contracts binding on both - Liability for acts - Suits and proceedings.
§43-213. Order set aside, when.
§43-214. Rights of married women.
§43-413. Payment of support through registry.
§43-421. Authorization of public or private agencies to provide registry - Maximum fee.
§43-423. Court order for participation in registry program.
§43-424. Forms for petition and court order - Modification of visitation rights.
§43-425. Court to hear applications for participation in registry within certain time.
§43-551-103. Proceedings governed by other law.
§43-551-104. Application to Indian tribes.
§43-551-105. International application of act.
§43-551-106. Effect of child custody determination.
§43-551-108. Notice to persons outside state.
§43-551-109. Appearance and limited immunity.
§43-551-110. Communication between courts.
§43-551-111. Taking testimony in another state.
§43-551-112. Cooperation between courts; preservation of records.
§43-551-201. Initial child custody jurisdiction.
§43-551-202. Exclusive, continuing jurisdiction.
§43-551-203. Jurisdiction to modify determination.
§43-551-204. Temporary emergency jurisdiction.
§43-551-205. Notice; opportunity to be heard; joinder.
§43-551-206. Simultaneous proceedings.
§43-551-207. Inconvenient forum.
§43-551-208. Jurisdiction declined by reason of conduct.
§43-551-209. Information to be submitted to court.
§43-551-210. Appearance of parties and child.
§43-551-302. Enforcement under Hague Convention.
§43-551-304. Temporary visitation.
§43-551-305. Registration of child custody determination.
§43-551-306. Enforcement of registered determination.
§43-551-307. Simultaneous proceedings.
§43-551-308. Expedited enforcement of child custody determination.
§43-551-309. Service of petition and order.
§43-551-310. Hearing and order.
§43-551-311. Warrant to take physical custody of child.
§43-551-312. Costs, fees, and expenses.
§43-551-313. Recognition and enforcement.
§43-551-315. Role of district attorney.
§43-551-316. Role of law enforcement.
§43-551-317. Costs and expenses.
§43-551-401. Application and construction.
§43-551-402. Transitional provision.
§43-601-101. Short title - Uniform Interstate Family Support Act.
§43-601-103. Tribunals and support enforcement agency.
§43-601-104. Remedies cumulative.
§43-601-105. Application to support proceedings.
§43-601-201. Bases for jurisdiction over nonresident
§43-601-202. Duration of jurisdiction.
§43-601-203. Initiating and responding tribunal of this state.
§43-601-204. Simultaneous proceedings in another state or foreign country
§43-601-205. Continuing, exclusive jurisdiction - Controlling order
§43-601-206. Request for enforcement of order by tribunal of other state
§43-601-207. Determination of controlling order.
§43-601-208. Child support orders for two or more obligees.
§43-601-209. Credit for payments
§43-601-210. Receipt of evidence from outside the state - Applicable law
§43-601-301. Proceedings under this act.
§43-601-302. Action by minor parent.
§43-601-303. Application of law of this state.
§43-601-304. Duties of initiating tribunal
§43-601-305. Duties and powers of responding tribunal.
§43-601-306. Inappropriate tribunal.
§43-601-307. Duties of support enforcement agency
§43-601-308. Powers of Attorney General.
§43-601-310. Duties of state information agency.
§43-601-311. Petition - Contents and accompanying documents
§43-601-312. Sealing of information.
§43-601-314. Limited immunity of petitioner
§43-601-315. Nonparentage as defense.
§43-601-316. Special rules of evidence and procedure
§43-601-317. Communications between tribunals
§43-601-318. Assistance with discovery.
§43-601-401. Petition to establish support order.
§43-601-402. Responding tribunal.
§43-601-501. Recognition of income-withholding order issued in another state.
§43-601-502. Employer obligations.
§43-601-503. Two or more income-withholding orders.
§43-601-504. Employer's civil liability limited.
§43-601-505. Willful noncompliance
§43-601-506. Contest of order.
§43-601-507. Administrative enforcement of orders.
§43-601-601. Registration of order for enforcement.
§43-601-602. Procedure to register order for enforcement
§43-601-603. Effect of registration for enforcement.
§43-601-604. Law, procedures and remedies to be applied
§43-601-605. Notice of registration of order
§43-601-606. Procedure to contest validity or enforcement of registered order
§43-601-607. Contest of registration or enforcement
§43-601-609. Procedure to register child support order of another state for modification.
§43-601-610. Effect of registration for modification.
§43-601-611. Modification of child support order of another state
§43-601-612. Recognition of order modified in another state.
§43-601-613. Jurisdiction - Applicability of provisions
§43-601-614. Filing of modified child support order.
§43-601-616. Registration of foreign child support orders - Petition for modification.
§43-601-702. Application of article.
§43-601-703. Department of Human Services as designated agency.
§43-601-704. Duties of Department of Human Services
§43-601-706. Registration of support order.
§43-601-707. Contest of a registered convention support order.
§43-601-708. Recognition and enforcement of registered convention support orders - Exceptions
§43-601-709. Severability of convention support orders.
§43-601-710. Recognition and enforcement of registered foreign support agreements - Exceptions.
§43-601-711. Residency of obligee – Jurisdiction - Nonrecognition of order.
§43-601-712. Permissible uses of personal information.
§43-601-713. English translation.
§43-601-801. Grounds for rendition.
§43-601-802. Condition of rendition.
§43-601-901. Uniformity of application and construction.