§ 118B. Computation of gross income--Imputed income--Self-employment income--Fringe benefits--S...
Oklahoma Statutes AnnotatedTitle 43. Marriage and FamilyEffective: November 1, 2021
Effective: November 1, 2021
43 Okl.St.Ann. § 118B
§ 118B. Computation of gross income--Imputed income--Self-employment income--Fringe benefits--Social Security Title II benefits
2. If a parent is permanently physically or mentally incapacitated or incarcerated for more than one hundred eighty (180) consecutive days, the child support obligation shall be computed on the basis of current monthly gross income. For purposes of computing gross income of the parents in such circumstances, gross income shall not be imputed as set forth in paragraph 3 of this subsection unless the obligor's incarceration is 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.
c. whether a parent has been determined by the court to be willfully or voluntarily underemployed or unemployed including whether unemployment or underemployment for the purpose of pursuing additional training or education is reasonable in light of the obligation of the parent to support his or her children or other voluntary action to reduce a parent's income,
e. the role of the parent as caretaker of a handicapped or seriously ill child of that parent, or any other handicapped or seriously ill relative for whom that parent has assumed the role of caretaker which eliminates or substantially reduces the ability of the parent to work outside the home, and the need of that parent to continue in that role in the future, or
4. Fringe benefits do not include employee benefits that are typically added to the salary, wage, or other compensation that a parent may receive as a standard added benefit, such as employer contributions to portions of health insurance premiums or employer contributions to a retirement or pension plan.
1. Social Security Title II benefits received by a child shall be included as income to the parent on whose account the benefit of the child is drawn and applied against the support obligation ordered to be paid by that parent. If the benefit of the child is drawn from the disability of the child, the benefit of the child is not added to the income of either parent and not deducted from the obligation of either parent.
If the child support award due after calculating the child support guidelines is greater than the social security benefit received on behalf of the child, the obligor shall be required to pay the amount exceeding the social security benefit as part of the child support award in the case.
Laws 2008, c. 407, § 3, eff. July 1, 2009; Laws 2021, c. 286, § 2, eff. Nov. 1, 2021.
43 Okl. St. Ann. § 118B, OK ST T. 43 § 118B
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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