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§ 118I. Modification of child support orders

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. § 118I
§ 118I. Modification of child support orders
A. 1. Child support orders may be modified upon a material change in circumstances which includes, but is not limited to, an increase or decrease in the needs of the child, an increase or decrease in the income of the parents, incarceration of a parent for a time period of more than one hundred eighty (180) consecutive days, changes in actual annualized child care expenses, changes in the cost of medical or dental insurance or when one of the children in the child support order reaches the age of majority or otherwise ceases to be entitled to support pursuant to the support order. The court shall apply the principles of equity in modifying any child support order due to changes in the circumstances of either party as it relates to the best interests of the children.
2. Modification of the Child Support Guideline Schedule shall not alone be a material change in circumstances for child support orders.
3. An order of modification shall be effective on the first day of the month following the date the motion to modify was filed, unless the parties agree to another date or the court makes a specific finding of fact that the material change of circumstance did not occur until a later date.
B. 1. A child support order shall not be modified retroactively regardless of whether support was ordered in a temporary order, a decree of divorce, an order establishing paternity, modification of an order of support, or other action to establish or to enforce support.
2. All final orders shall state whether past-due support and interest have accrued pursuant to any temporary order and the amount due, if any; however, failure to state a past-due amount shall not bar collection of that amount after entry of the final support order.
C. The amount of a child support order shall not be construed to be an amount per child unless specified by the district or administrative court in the order. A child reaching the age of majority or otherwise ceasing to be entitled to support pursuant to the support order shall constitute a material change in circumstances but shall not automatically serve to modify the order. When the last child of the parents ceases to be entitled to support, the child support obligation is automatically terminated as to prospective child support only.
D. 1. When a child support order is entered or modified, the parents may agree, or the district or administrative court may require a periodic exchange of information for an informal review and adjustment process.
2. When an existing child support order does not contain a provision which requires an informal review and adjustment process, either parent may request the other parent to provide the information necessary for the informal review and adjustment process. Information shall be provided to the requesting parent within forty-five (45) days of the request.
3. Requested information may include verification of income, proof and cost of medical insurance of the children, and current and projected child care costs. If shared parenting time has been awarded by the court, documentation of past and prospective overnight visits shall be exchanged.
4. Exchange of requested information may occur once a year or less often, by regular mail.
5. a. If the parents agree to a modification of a child support order, their agreement shall be in writing using standard modification forms and the child support computation form provided for in Section 120 of this title.
b. The standard modification forms and the standard child support computation form shall be submitted to the district or administrative court. Either court shall review the modification forms to confirm that the child support obligation complies with the child support guidelines or, if agreed to by the parties, the court may approve a deviation from the child support guidelines as provided in subsection B of Section 118H of this title. If the court approves the modification forms, they shall be filed with the court.
E. After November 1, 2021, there shall be a rebuttable presumption that an obligor who is incarcerated for a period of one hundred eighty (180) or more consecutive days is unable to pay child support.
1. The obligor's child support obligation shall be abated without court action effective the first day of the month following the date of entry into the correctional facility or jail and shall not accrue for the duration of the incarceration unless the presumption is rebutted by a showing of means to pay as provided in Section 118B of this title.
2. Upon release from incarceration, the monthly child support obligation shall revert to the pre-incarceration order amount beginning the first day of the month following a lapse of ninety (90) calendar days after release from incarceration.
3. The abatement of a monthly support obligation under this subsection shall not affect any past-due support that has accrued prior to the abatement of the obligation.
4. If any of the crimes for which the obligor is incarcerated are a result of indirect contempt of court for failure to pay child support, the crime of omission to provide child support or for any offense for which the obligee's dependent child or the obligee was a victim, the abatement shall not be presumed and the child support obligation shall continue to accrue.

Credits

Laws 2008, c. 407, § 10, eff. July 1, 2009; Laws 2016, c. 289, § 4, eff. Nov. 1, 2016; Laws 2021, c. 286, § 4, eff. Nov. 1, 2021.
43 Okl. St. Ann. § 118I, OK ST T. 43 § 118I
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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