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§ 118A. Definitions

Oklahoma Statutes AnnotatedTitle 43. Marriage and FamilyEffective: November 1, 2021

Oklahoma Statutes Annotated
Title 43. Marriage and Family (Refs & Annos)
Divorce and Alimony
Effective: November 1, 2021
43 Okl.St.Ann. § 118A
§ 118A. Definitions
As used in Section 118 et seq. of this title:
1. “Adjusted Gross Income” (AGI) means the net determination of the income of a parent, calculated by modifying the gross income of the parent as follows:
a. adding to the gross income of the parent any Social Security benefit paid to the child on the account of the parent,
b. deducting from gross income the amount of any support alimony arising in a prior case to the extent that payment is actually made,
c. deducting from gross income any deductions as set forth for other prior-born or after-born children for whom the parent is legally responsible and is actually supporting, pursuant to Section 118C of this title, and
d. deducting the amount of reasonable expenses of the parties attributable to debt service for preexisting, jointly acquired debt of the parents;
2. “Base child support obligation” means the amount of support displayed on the Schedule of Basic Child Support Obligations1 which corresponds to the combined AGI of both parents and the number of children for whom support is being determined. This amount is rebuttably presumed to be the appropriate amount of basic child support to be provided by both parents in the case immediately under consideration, prior to consideration of any adjustments for medical and child care costs, and any other additional expenses;
3. “Current monthly child support obligation” means the base child support obligation and the proportional share of any health care coverage, cash medical support and annualized child care costs;
4. “Custodial person” means a parent or third-party caretaker who has physical custody of a child more than one hundred eighty-two (182) days per year;
5. “Incarceration” means an obligor is in custody on a full-time basis in a local, state or federal correctional facility. Incarceration shall not include probation, parole, work release or any other detention alternative program that allows the obligor to be gainfully employed;
6. “Noncustodial parent” means a parent who has physical custody of a child one hundred eighty-two (182) days per year or less;
7. “Obligor” means the person who is required to make payments under an order for support;
8. “Obligee” or “person entitled” means:
a. a person to whom a support debt or support obligation is owed,
b. the Department of Human Services or a public agency of another state that has the right to receive current or accrued support payments or that is providing support enforcement services, or
c. a person designated in a support order or as otherwise specified by the court;
9. “Other contributions” means recurring monthly medical expenses and visitation transportation costs that are not included in the current monthly child support obligation;
10. “Overnight” means the child is in the physical custody and control of a parent for an overnight period of at least twelve (12) hours, and that parent has made a reasonable expenditure of resources for the care of the child;
11. “Parent” means an individual who has a parent-child relationship under the Uniform Parentage Act;
12. “Parenting time adjustment” means an adjustment to the base child support amount based upon parenting time; and
13. “Payor” means any person or entity paying monies, income, or earnings to an obligor. In the case of a self-employed person, the “payor” and “obligor” may be the same person.

Credits

Laws 2008, c. 407, § 2, eff. July 1, 2009; Laws 2016, c. 289, § 2, eff. Nov. 1, 2016; Laws 2021, c. 286, § 1, eff. Nov. 1, 2021.

Footnotes

Title 43, § 119.
43 Okl. St. Ann. § 118A, OK ST T. 43 § 118A
Current with emergency effective legislation through Chapter 275 of the Second Regular Session of the 58th Legislature (2022). Some sections may be more current, see credits for details.
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