SECTION 340:25-5-178. Calculation of new and modified child support obligations

(a)   Legal authority. Oklahoma Department of Human Services (DHS) 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 the amount of current support; and

(2)   prepare a child support computation form prescribed by CSS and published by the Administrative Office of the Courts 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 uses (1) through (4) of this subsection, per 43 O.S. § 118B.

(1)   Written earning record. For time periods when a parent has a written earning record, CSS uses the:

(A)   actual monthly gross income; or

(B)   average of the gross monthly income for the time actually employed during the previous three years.

(2)   Ability to work and no written earning record. For time periods when a parent has an earning ability, but no written earning records, CSS imputes the most equitable of the:

(A)   minimum wage paid for a 40-hour work week; or

(B)   amount of gross income a person with comparable education, training, and experience could reasonably expect to earn.

(3)   Combination. For time periods when a parent has a written earning record for some months, but no written earning record for other months, for the months worked CSS uses the actual income and for the months with no written earning record CSS uses the most equitable of either:

(A)   the actual gross income; or

(B)   an imputed amount of either:

(i)   minimum wage paid for a 40-hour work week; or

(ii)   the amount of gross income per person with comparable education, training, and experience could reasonably expect to earn.

(4)   Reduced earning ability. CSS uses actual income when a parent has reduced earning ability due to the parent's limited education, physical or mental disability, incarceration, or other obstacle to employment, and there is evidence the parent has income of less than minimum wage for 40 hours per week.

(e)   Child care. To establish the amount of current support, CSS considers "actual" child care expenses to be the amount paid to the child care provider by the parent(s) or custodial person (CP) except when (f) of this Section applies. CSS determines the amount of 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)   Child care subsidy. When the parent(s) or CP is participating in the DHS Child Care Subsidy Program, per 56 O.S. § 230.50, CSS uses DHS Appendix C-4, Child Care Eligibility/Co-payment Chart, to determine the family share co-payment amount considered as actual child care costs on the child support computation form, per 43 O.S. § 118G.

(1)   CSS considers a parent's share of the base monthly obligation for child support and the monthly income amount reflected in the records of the DHS Child Care Subsidy Program as the monthly income when applying Appendix C-4. . CSS allocates the family share co-payment amount indicated on Appendix C-4, in the same proportion as base child support. CSS staff performs a separate child support guidelines calculation for each NCP.

(2)   When a parent has a child(ren) in DHS subsidized child care other than a child(ren) included in the child support case being established, CSS uses the proportionate share of the family share co-payment for the child(ren) included in the case.

(g)   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 prescribed by CSS and published by the Administrative Office of the Courts 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.

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

(i)   Minor parents. When a parent is a minor, CSS establishes paternity, per Oklahoma Administrative Code 340:25-5-176 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 imputed gross income for the minor parent(s) based on minimum wage at 20 hours per week or actual income.

(i)   Minor parents. When the NCP is a minor, CSS establishes paternity, per Oklahoma Administrative Code 340:25-5-176 when necessary and establishes a child support order. 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. 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 imputed gross income for the minor parent(s) based on minimum wage at 20 hours per week or actual income.

(j)   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.

(k)   Incarcerated NCP. When an NCP is expected to be incarcerated for at least six-consecutive months from the date the support amount is reviewed or established, CSS requests the court enter a temporary child support and medical support amount using actual income of $0, unless there is evidence of income or assets outside of the correctional institution. At the time the order is entered, when there is:

(1)   a pre-incarceration child support order, CSS requests the order state that upon release from incarceration, 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. When the NCP within the lapse period, requests in writing a review of the pre-incarceration order, the post incarceration monthly child support obligation does not begin until the review or modification is complete. When a review is requested and the NCP fails to appear for hearing, the monthly child support obligation reverts back to the pre-incarceration amount to begin the first day of the month following a lapse of 90-calendar days upon release from incarceration; or

(2)   no pre-incarceration child support order, CSS requests the court order state; upon release from incarceration, the monthly child support amount is set based on minimum wage for a 40-hour work week beginning the first day of the month following a lapse of 90-calendar days upon release from incarceration. When the NCP within the lapse period requests in writing a hearing, the post incarceration monthly child support amount does not begin until the review or modification is complete. When a hearing is requested and the NCP fails to appear for the hearing, the monthly child support obligation reverts back to the support amount set based on minimum wage for a 40-hour work week, to begin 90-calendar days upon release from incarceration.

(l)   Military. When CSS establishes a child support order for a child of an NCP or a CP who is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in 50 U.S.C. §§ 3901 through 4043.

(m)   Disability benefits. CSS does not impute gross income to a person determined disabled by the Social Security Administration.

(n)   Default orders. When a default order for child support is ordered and either party contacts CSS in writing within 30-calendar days of 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.

[Source: 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 at 31 Ok Reg 1833, eff 9-15-14; Amended at 32 Ok Reg 1860, eff 9-15-15; Amended at 33 Ok Reg 1592, eff 9-15-16; Amended at 35 Ok Reg 1632, eff 9-17-18; Amended at 36 Ok Reg 1794, eff 9-16-19; Amended at 37 Ok Reg 1802, eff 9-15-20]