Oklahoma Divorce Laws
Title 43
Section 101
The district court may grant a
divorce for any of the following causes:
First. Abandonment for one (1) year.
Second. Adultery.
Third. Impotency.
Fourth. When the wife at the time of her marriage,
was pregnant by another than her husband.
Fifth. Extreme cruelty.
Sixth. Fraudulent contract.
Seventh. Incompatibility.
Eighth. Habitual drunkenness.
Ninth. Gross neglect of duty.
Tenth. Imprisonment of the other party in a state or
federal penal institution under sentence thereto for the commission of a felony
at the time the petition is filed.
Eleventh. The procurement of a final divorce decree
without this state by a husband or wife which does not in this state release the
other party from the obligations of the marriage.
Twelfth. Insanity for a period of five (5) years,
the insane person having been an inmate of a state institution for the
insane in the State of Oklahoma, or inmate of a state institution for the
insane in some other state for such period, or of a private sanitarium, and
affected with a type of insanity with a poor prognosis for recovery;
provided, that no divorce shall be granted because of insanity until after a
thorough examination of such insane person by three physicians, one of which
physicians shall be a superintendent of the hospital or sanitarium for the
insane, in which the insane defendant is confined, and the other two
physicians to be appointed by the court before whom the action is pending,
any two of such physicians shall agree that such insane person, at the time
the petition in the divorce action is filed, has a poor prognosis for
recovery; provided, further, however, that no divorce shall be granted on
this ground to any person whose husband or wife is an inmate of a state
institution in any other than the State of Oklahoma, unless the person
applying for such divorce shall have been a resident of the State of
Oklahoma for at least five (5) years prior to the commencement of an action;
and provided further, that a decree granted on this ground shall not relieve
the successful party from contributing to the support and maintenance of the
defendant. The court shall appoint a guardian ad litem to represent the
insane defendant, which appointment shall be made at least ten (10) days
before any decree is entered.
Section 102
A. Except as otherwise provided
by subsection B of this section, the petitioner or the respondent in an action
for divorce or annulment of a marriage must have been an actual resident, in
good faith, of the state, for six (6) months immediately preceding the filing of
the petition.
B. Any person who has been a
resident of any United States army post or military reservation within the State
of Oklahoma, for six (6) months immediately preceding the filing of the
petition, may bring action for divorce or annulment of a marriage or may be sued
for divorce or annulment of a marriage.
Section 103
A. The venue of any action for divorce,
annulment of a marriage or legal separation may be in the following
counties:
1. An action for divorce or annulment of a
marriage may be filed in the county in which the petitioner has been a resident
for the thirty (30) days immediately preceding the filing of the petition or in
the county in which the respondent is a resident; provided, the action may be
assigned for trial in any county within the judicial district by the chief judge
of the district; and
2. An action for legal separation may be
brought in the county in which either party is a resident at the time of the
filing of the petition.
B. The court may, upon application of a
party, transfer an action for divorce, annulment of marriage or legal separation
at any time after filing of the petition to any county where venue would be
proper under subsection A of this section if the requirements of subsection C or
D of this section are met.
C. The court shall grant a party’s
application for change of venue when the other party is not a resident of this
state at the time the application for change of venue is filed, or the plaintiff
has departed from this state and has been absent for more than six (6) months
preceding the date the application for change of venue is filed, and transfer is
requested to the county where the applying party resides in this
state.
D. The court shall grant a party’s
application for change of venue when the court determines that it is an
inconvenient forum under the circumstances and the court in another county is a
more appropriate forum consistent with the factors in subsection B of Section
551-207 of the Uniform Child Custody Jurisdiction and Enforcement Act after
substitution of the word "county" for the word "state" in such section of the
act, and transfer is requested to the county where the applying party resides in
the state.
Section 104
A court may exercise personal
jurisdiction over a person, whether or not a resident of this state, who lived
within this state in a marital or parental relationship, or both, as to all
obligations for alimony and child support where the other party to the marital
relationship continues to reside in this state. When the person who is subject
to the jurisdiction of the court has departed from the state, he may be served
outside of the state by any method that is authorized by the statutes of this
state.
Section 104.1
A. If funding is available, presiding judges of the district court may
appoint court referees in their judicial districts to hear designated cases as
assigned by the presiding judge.
B. Reasonable compensation for the referees shall be fixed by that presiding
judge.
C. A referee shall meet the requirements and perform their duties in the same
manner and procedure as set forth in Sections 1-8-103 and 2-2-702 of Title 10A
of the Oklahoma Statutes pertaining to referees appointed in juvenile
proceedings.
Section 105
A. A proceeding for dissolution of marriage, an annulment of a marriage, or a
legal separation shall be titled "In re the Marriage of _______ and ______".
B. The initial pleading in all proceedings under this title shall be
denominated a petition. The person filing the petition shall be called the
petitioner. A responsive pleading shall be denominated a response. The person
filing the responsive pleading shall be called the respondent. Other pleadings
shall be denominated as provided in the Rules of Civil Procedure, except as
otherwise provided in this section.
C. The petition must be verified as true, by the affidavit of the
petitioner.
D. A summons may issue thereon, and shall be served, or publication made, as
in other civil cases.
E. Wherever it occurs in this title or in any other title of the Oklahoma
Statutes or in any forms or court documents prepared pursuant to the provisions
of the Oklahoma Statutes, the term "divorce" shall mean and be deemed to refer
to a "dissolution of marriage" unless the context or subject matter otherwise
requires.
Secion 106
A. The respondent, in his or her
response, may allege a cause for a dissolution of marriage, annulment of the
marriage or legal separation against the petitioner, and may have the same
relief thereupon as he or she would be entitled to for a like cause if he or she
were the petitioner.
B. When new matter is set up in
the answer, it shall be verified as to such new matter by the affidavit of the
respondent.
Section 107.1
A. 1. In an action for divorce where there are minor
children involved, the court shall not issue a final order thereon for at least
ninety (90) days from the date of filing the petition which ninety (90) days may
be waived by the court for good cause shown and without objection by either
party.
2. The court may require that within the ninety-day
period specified by paragraph 1 of this subsection, the parties attend and
complete an educational program specified by Section 107.2 of this
title.
B. This section shall not apply to divorces filed for
any of the following causes:
1. Abandonment for one (1) year;
2. Extreme cruelty;
3. Habitual drunkenness;
4. Imprisonment of the other party in a state or
federal penal institution under sentence thereto for the commission of a felony
at the time the petition is filed;
5. The procurement of
a final divorce decree outside this state by a husband or wife which does
not in this state release the other party from the obligations of the
marriage;
6. Insanity for a period of five (5) years, the
insane person having been an inmate of a state institution for the insane in the
State of Oklahoma, or an inmate of a state institution for the insane in some
other state for such period, or an inmate of a private sanitarium, and affected
with a type of insanity with a poor prognosis for recovery;
7. Conviction of any crime defined by the Oklahoma
Child Abuse Reporting and Prevention Act committed upon a child of either party
to the divorce by either party to the divorce; or
8. A child of either party has been adjudicated
deprived, pursuant to the Oklahoma Children’s Code, as a result of the actions
of either party to the divorce and the party has not successfully completed the
service and treatment plan required by the court.
C. After a petition has been filed in an action for
divorce where there are minor children involved, the court may make any such
order concerning property, children, support and expenses of the suit as
provided for in Section 110 of this title, to be enforced during the pendency of
the action, as may be right and proper.
D. The court may issue a final order in an action for
divorce where minor children are involved before the ninety-day time period set
forth in subsection A of this section has expired, if the parties voluntarily
participate in marital or family counseling and the court finds reconciliation
is unlikely.
Section 107.2
A. In all actions for divorce,
separate maintenance, guardianship, paternity, custody or visitation, including
modifications or enforcements of a prior court order, where the interest of a
child under eighteen (18) years of age is involved, the court may require all
adult parties to attend an educational program concerning, as appropriate, the
impact of separate parenting and coparenting on children, the implications for
visitation and conflict management, development of children, separate financial
responsibility for children and such other instruction as deemed necessary by
the court. The program shall be educational in nature and not designed for
individual therapy.
Section 107.3
A. 1. In any proceeding when the custody or visitation of a minor child or
children is contested by any party, the court may appoint an attorney at law as
guardian ad litem upon motion of the court or upon application of any party to
appear for and represent the minor children.
2. The guardian ad litem may be appointed to objectively advocate on behalf
of the child and act as an officer of the court to investigate all matters
concerning the best interests of the child. In addition to other duties required
by the court and as specified by the court, a guardian ad litem shall have the
following responsibilities:
a. review documents, reports, records and other information relevant to the
case, meet with and observe the child in appropriate settings, and interview
parents, caregivers and health care providers and any other person with
knowledge relevant to the case including, but not limited to, teachers,
counselors and child care providers,
b. advocate for the best interests of the child by participating in the case,
attending any hearings in the matter and advocating for appropriate services for
the child when necessary,
c. monitor the best interests of the child throughout any judicial
proceeding,
d. present written reports to the parties and court prior to trial or at any
other time as specified by the court on the best interests of the child that
include conclusions and recommendations and the facts upon which they are based,
and
e. the guardian ad litem shall, as much as possible, maintain confidentiality
of information related to the case and is not subject to discovery pursuant to
the Oklahoma Discovery Code.
3. Expenses, costs, and attorney fees for the guardian ad litem may be
allocated among the parties as determined by the court.
4. On or before December 31, 2007, the Administrative Director of the Courts
shall develop a standard operating manual for guardians ad litem which shall
include, but not be limited to, legal obligations and responsibilities,
information concerning child abuse, child development, domestic abuse, sexual
abuse, and parent and child behavioral health and management including best
practices. After publication of the manual, all guardians ad litem shall certify
to the court in which he or she is appointed as a guardian ad litem that the
manual has been read and all provisions contained therein are understood. The
guardian ad litem shall also certify that he or she agrees to follow the best
practices described within the standard operating manual. The Administrative
Director of the Courts shall provide public access to the standard operating
manual and shall periodically review and revise the manual as deemed
necessary.
B. When property, separate maintenance, or custody is at issue, the
court:
1. May refer the issue or issues to mediation if feasible unless a party
asserts or it appears to the court that domestic violence or child abuse has
occurred, in which event the court shall halt or suspend professional mediation
unless the court specifically finds that:
a. the following three conditions are satisfied:
(1) the professional mediator has substantial training concerning the effects
of domestic violence or child abuse on victims,
(2) a party who is or alleges to be the victim of domestic violence is
capable of negotiating with the other party in mediation, either alone or with
assistance, without suffering an imbalance of power as a result of the alleged
domestic violence, and
(3) the mediation process contains appropriate provisions and conditions to
protect against an imbalance of power between parties resulting from the alleged
domestic violence or child abuse, or
b. in the case of domestic violence involving parents, the parent who is or
alleges to be the victim requests mediation and the mediator is informed of the
alleged domestic violence; and
2. When custody is at issue, the court may order, in addition to or in lieu
of the provisions of paragraph 1 of this subsection, that each of the parties
undergo individual counseling in a manner that the court deems appropriate, if
the court finds that the parties can afford the counseling.
C. As used in this section:
1. "Child abuse or neglect" shall have the same meaning as such term is
defined by the Oklahoma Child Abuse Reporting and Prevention Act or shall mean
the child has been adjudicated deprived as a result of the actions or omission
of either parent pursuant to the Oklahoma Children’s Code; and
2. "Domestic violence" shall have the same meaning as such term is defined by
the Protection from Domestic Abuse Act.
D. During any proceeding concerning child custody, should it be determined by
the court that a party has intentionally made a false or frivolous accusation to
the court of child abuse or neglect against the other party, the court shall
proceed with any or all of the following:
1. Find the accusing party in contempt for perjury and refer for
prosecution;
2. Consider the false allegations in determining custody; and
3. Award the obligation to pay all court costs and legal expenses encumbered
by both parties arising from the allegations to the accusing party.
Section 108
That the parties appear to be in
equal wrong shall not be a basis for refusing to grant a divorce, but if a
divorce is granted in such circumstances, it shall be granted to both parties.
In any such case or where the court grants alimony without a divorce or in any
case where a divorce is refused, the court may for good cause shown make such
order as may be proper for the custody, maintenance and education of the
children, and for the control and equitable division and disposition of the
property of the parties, or of either of them, as may be proper, equitable and
just, having due regard to the time and manner of acquiring such property,
whether the title thereto be in either or both of said parties.
Section 109
A. In awarding the custody of a minor unmarried child
or in appointing a general guardian for said child, the court shall consider
what appears to be in the best interests of the physical and mental and moral
welfare of the child.
B. The court, pursuant to the provisions of subsection A of this section, may
grant the care, custody, and control of a child to either parent or to the
parents jointly.
For the purposes of this section, the terms joint custody and joint care,
custody, and control mean the sharing by parents in all or some of the aspects
of physical and legal care, custody, and control of their children.
C. If either or both parents have requested joint custody, said parents shall
file with the court their plans for the exercise of joint care, custody, and
control of their child. The parents of the child may submit a plan jointly, or
either parent or both parents may submit separate plans. Any plan shall include
but is not limited to provisions detailing the physical living arrangements for
the child, child support obligations, medical and dental care for the child,
school placement, and visitation rights. A plan shall be accompanied by an
affidavit signed by each parent stating that said parent agrees to the plan and
will abide by its terms. The plan and affidavit shall be filed with the petition
for a divorce or legal separation or after said petition is filed.
D. The court shall issue a final plan for the exercise of joint care,
custody, and control of the child or children, based upon the plan submitted by
the parents, separate or jointly, with appropriate changes deemed by the court
to be in the best interests of the child. The court also may reject a request
for joint custody and proceed as if the request for joint custody had not been
made.
E. The parents having joint custody of the child may modify the terms of the
plan for joint care, custody, and control. The modification to the plan shall be
filed with the court and included with the plan. If the court determines the
modifications are in the best interests of the child, the court shall approve
the modifications.
F. The court also may modify the terms of the plan for joint care, custody,
and control upon the request of one parent. The court shall not modify the plan
unless the modifications are in the best interests of the child.
G. 1. The court may terminate a joint custody decree upon the request of one
or both of the parents or whenever the court determines said decree is not in
the best interests of the child.
2. Upon termination of a joint custody decree, the court shall proceed and
issue a modified decree for the care, custody, and control of the child as if no
such joint custody decree had been made.
H. In the event of a dispute between the parents having joint custody of a
child as to the interpretation of a provision of said plan, the court may
appoint an arbitrator to resolve said dispute. The arbitrator shall be a
disinterested person knowledgeable in domestic relations law and family
counseling. The determination of the arbitrator shall be final and binding on
the parties to the proceedings until further order of the court.
If a parent refuses to consent to arbitration, the court may terminate the
joint custody decree.
I. 1. In every proceeding in which there is a dispute as to the custody of a
minor child, a determination by the court that domestic violence, stalking, or
harassment has occurred raises a rebuttable presumption that sole custody, joint
legal or physical custody, or any shared parenting plan with the perpetrator of
domestic violence, harassing or stalking behavior is detrimental and not in the
best interest of the child, and it is in the best interest of the child to
reside with the parent who is not a perpetrator of domestic violence, harassing
or stalking behavior.
2. For the purposes of this subsection:
a. "domestic violence" means the threat of the infliction of physical injury,
any act of physical harm or the creation of a reasonable fear thereof, or the
intentional infliction of emotional distress by a parent or a present or former
member of the household of the child, against the child or another member of the
household, including coercive control by a parent involving physical, sexual,
psychological, emotional, economic or financial abuse,
b. "stalking" means the willful course of conduct by a parent who repeatedly
follows or harasses another person as defined in Section 1173 of Title 21 of the
Oklahoma Statutes, and
c. "harassment" means a knowing and willful course or pattern of conduct by a
parent directed at another parent which seriously alarms or is a nuisance to the
person, and which serves no legitimate purpose including, but not limited to,
harassing or obscene telephone calls or conduct that would cause a reasonable
person to have a fear of death or bodily injury.
3. If a parent is absent or relocates as a result of an act of domestic
violence by the other parent, the absence or relocation shall not be a factor
that weighs against the parent in determining custody or visitation.
4. The court shall consider, as a primary factor, the safety and well-being
of the child and of the parent who is the victim of domestic violence or
stalking behavior, in addition to other facts regarding the best interest of the
child.
5. The court shall consider the history of the parent causing physical harm,
bodily injury, assault, verbal threats, stalking, or harassing behavior, or the
fear of physical harm, bodily injury, or assault to another person, including
the minor child, in determining issues regarding custody and visitation.
Section 109.1
If the parents of a minor
unmarried child are separated without being divorced, the judge of the district
court, upon application of either parent, may issue any civil process necessary
to inquire into the custody of said minor unmarried child. The court may award
the custody of said child to either party or both, in accordance with the best
interests of the child, for such time and pursuant to such regulations as the
case may require. The decision of the judge shall be guided by the rules
prescribed in Section 2 of this act.
Section 109.2
Except as otherwise provided by Section 7700-607 of Title 10 of the Oklahoma
Statutes, in any action concerning the custody of a minor unmarried child or the
determination of child support, the court may determine if the parties to the
action are the parents of the children. If the parties to the action are the
parents of the children, the court may determine which party should have custody
of said children, may award child support to the parent to whom it awards
custody, and may make an appropriate order for payment of costs and attorney's
fees.
Section 109.3
In every case involving the custody of, guardianship of or
visitation with a child, the court shall consider evidence of domestic abuse, stalking
and/or harassing behavior properly brought before it. If the occurrence of domestic abuse, stalking
or harassing behavior is established by a preponderance of the evidence, there shall be
a rebuttable presumption that it is not in the best interest of the
child to have custody, guardianship, or unsupervised visitation granted to the person against whom
domestic abuse, stalking or harassing behavior has been established.
Section 109.4
A. 1. Pursuant to the provisions of
this section, any grandparent of an unmarried minor child may seek and be
granted reasonable visitation rights to the child which visitation rights may be
independent of either parent of the child if:
a. the district court deems it to be in the best interest of the child
pursuant to subsection E of this section, and
b. there is a showing of parental unfitness, or the grandparent has rebutted,
by clear and convincing evidence, the presumption that the fit parent is acting
in the best interests of the child by showing that the child would suffer harm
or potential harm without the granting of visitation rights to the grandparent
of the child, and
c. the intact nuclear family has been disrupted in that one or more of the
following conditions has occurred:
(1) an action for divorce, separate maintenance or annulment involving the
grandchild's parents is pending before the court, and the grandparent had a
preexisting relationship with the child that predates the filing of the action
for divorce, separate maintenance or annulment,
(2) the grandchild's parents are divorced, separated under a judgment of
separate maintenance, or have had their marriage annulled,
(3) the grandchild's parent who is a child of the grandparent is deceased,
and the grandparent had a preexisting relationship with the child that predates
the death of the deceased parent unless the death of the mother was due to
complications related to the birth of the child,
(4) except as otherwise provided in subsection C or D of this section, legal
custody of the grandchild has been given to a person other than the grandchild's
parent, or the grandchild does not reside in the home of a parent of the
child,
(5) one of the grandchild’s parents has had a felony conviction and been
incarcerated in the Department of Corrections and the grandparent had a
preexisting relationship with the child that predates the incarceration,
(6) grandparent had custody of the grandchild pursuant to Section 21.3 of
this title, whether or not the grandparent had custody under a court order, and
there exists a strong, continuous grandparental relationship between the
grandparent and the child,
(7) the grandchild's parent has deserted the
other parent for more than one (1) year and there exists a strong, continuous
grandparental relationship between the grandparent and the child,
(8) except as otherwise provided in subsection
D of this section, the grandchild's parents have never been married, are not
residing in the same household and there exists a strong, continuous
grandparental relationship between the grandparent and the child, or
(9) except as otherwise provided by subsection
D of this section, the parental rights of one or both parents of the child have
been terminated, and the court determines that there is a strong, continuous
relationship between the child and the parent of the person whose parental
rights have been terminated.
2. The right of visitation to any grandparent of an unmarried minor child
shall be granted only so far as that right is authorized and provided by order
of the district court.
B. Under no
circumstances shall any judge grant the right of visitation to any grandparent
if the child is a member of an intact nuclear family and
both parents of the child object to the granting of visitation.
C. If one natural parent is deceased and the surviving natural parent
remarries, any subsequent adoption proceedings shall not terminate any
preexisting court-granted grandparental rights belonging to the parents of the
deceased natural parent unless the termination of visitation rights is ordered
by the court having jurisdiction over the adoption after opportunity to be
heard, and the court determines it to be in the best interest of the child.
D. 1. If the child has been born out of wedlock and the parental rights of
the father of the child have been terminated, the parents of the father of the
child shall not have a right of visitation authorized by this section to the
child unless:
a. the father of the child has been judicially determined to be the father of
the child, and
b. the court determines that a previous grandparental relationship existed
between the grandparent and the child.
2. If the child is born out of wedlock and the parental rights of the mother
of the child have been terminated, the parents of the mother of the child shall
not have a right of visitation authorized by this section to the child unless
the court determines that a previous grandparental relationship existed between
the grandparent and the child.
3. Except as otherwise provided by this section, the district court shall not
grant to any grandparent of an unmarried minor child, visitation rights to that
child:
a. subsequent to the final order of adoption of the child; provided however,
any subsequent adoption proceedings shall not terminate any prior court-granted
grandparental visitation rights unless the termination of visitation rights is
ordered by the court after opportunity to be heard and the district court
determines it to be in the best interest of the child, or
b. if the child had been placed for adoption prior to attaining six (6)
months of age.
E. 1. In determining the best interest of the minor child, the court shall
consider and, if requested, shall make specific findings of fact related to the
following factors:
a. the needs of and importance to the child for a continuing preexisting
relationship with the grandparent and the age and reasonable preference of the
child pursuant to Section 113 of Title 43 of the Oklahoma Statutes,
b. the willingness of the grandparent or grandparents to encourage a close
relationship between the child and the parent or parents,
c. the length, quality and intimacy of the preexisting relationship between
the child and the grandparent,
d. the love, affection and emotional ties existing between the parent and
child,
e. the motivation and efforts of the grandparent to continue the preexisting
relationship with the grandchild,
f. the motivation of parent or parents denying visitation,
g. the mental and physical health of the grandparent or grandparents,
h. the mental and physical health of the child,
i. the mental and physical health of the parent or parents,
j. whether the child is in a permanent, stable, satisfactory family unit and
environment,
k. the moral fitness of the parties,
l. the character and behavior of any other person who resides in or frequents
the homes of the parties and such person’s interactions with the child,
m. the quantity of visitation time requested and the potential adverse impact
the visitation will have on the customary activities of the child, and
n. if both parents are dead, the benefit in maintaining the preexisting
relationship.
2. For purposes of this subsection:
a. "harm or potential harm" means a showing that without court-ordered
visitation by the grandparent, the child’s emotional, mental or physical
well-being could reasonably or would be jeopardized,
b. "intact nuclear family" means a family consisting of the married father
and mother of the child,
c. "parental unfitness" includes, but is not limited to, a showing that a
parent of the child or a person residing with the parent:
(1) has a chemical or alcohol dependency, for which treatment has not been
sought or for which treatment has been unsuccessful,
(2) has a history of violent behavior or domestic abuse,
(3) has an emotional or mental illness that demonstrably impairs judgment or
capacity to recognize reality or to control behavior,
(4) has been shown to have failed to provide the child with proper care,
guidance and support to the actual detriment of the child. The provisions of
this division include, but are not limited to, parental indifference and
parental influence on his or her child or lack thereof that exposes such child
to unreasonable risk, or
(5) demonstrates conduct or condition which renders him or her unable or
unwilling to give a child reasonable parental care. Reasonable parental care
requires, at a minimum, that the parent provides nurturing and protection
adequate to meet the child’s physical, emotional and mental health.
The determination of parental unfitness pursuant to this subparagraph shall
not be that which is equivalent for the termination of parental rights, and
d. "preexisting relationship" means occurring or existing prior to the filing
of the petition for grandparental visitation.
F. 1. The district courts are vested with jurisdiction to issue orders
granting grandparental visitation rights and to enforce visitation rights, upon
the filing of a verified petition for visitation rights or enforcement thereof.
Notice as ordered by the court shall be given to the person or parent having
custody of the child. The venue of such action shall be in the court where there
is an ongoing proceeding that involves the child, or if there is no ongoing
proceeding, in the county of the residence of the child or parent.
2. When a grandparent of a child has been granted visitation rights pursuant
to this section and those rights are unreasonably denied or otherwise
unreasonably interfered with by any parent of the child, the grandparent may
file with the court a motion for enforcement of visitation rights. Upon filing
of the motion, the court shall set an initial hearing on the motion. At the
initial hearing, the court shall direct mediation and set a hearing on the
merits of the motion.
3. After completion of any mediation pursuant to paragraph 2 of this
subsection, the mediator shall submit the record of mediation termination and a
summary of the parties' agreement, if any, to the court. Upon receipt of the
record of mediation termination, the court shall enter an order in accordance
with the parties' agreement, if any.
4. Notice of a hearing pursuant to paragraph 2 or 3 of this subsection shall
be given to the parties at their last-known address or as otherwise ordered by
the court, at least ten (10) days prior to the date set by the court for hearing
on the motion. Provided, the court may direct a shorter notice period if the
court deems such shorter notice period to be appropriate under the
circumstances.
5. Appearance at any court hearing pursuant to this subsection shall be a
waiver of the notice requirements prior to such hearing.
6. If the court finds that visitation rights of the grandparent have been
unreasonably denied or otherwise unreasonably interfered with by the parent, the
court shall enter an order providing for one or more of the following:
a. a specific visitation schedule,
b. compensating visitation time for the visitation denied or otherwise
interfered with, which time may be of the same type as the visitation denied or
otherwise interfered with, including but not limited to holiday, weekday,
weekend, summer, and may be at the convenience of the grandparent,
c. posting of a bond, either cash or with sufficient sureties, conditioned
upon compliance with the order granting visitation rights, or
d. assessment of reasonable attorney fees, mediation costs, and court costs
to enforce visitation rights against the parent.
7. If the court finds that the motion for enforcement of visitation rights
has been unreasonably filed or pursued by the grandparent, the court may assess
reasonable attorney fees, mediation costs, and court costs against the
grandparent.
G. In addition to any other remedy authorized by this section or otherwise
provided by law, any party violating an order of the court made pursuant to this
section, upon conviction thereof, shall be guilty of contempt of court.
H. Any transportation costs or other costs arising from any visitation
ordered pursuant to this section shall be paid by the grandparent or
grandparents requesting such visitation.
I. In any action for grandparental visitation pursuant to this section, the
court may award attorney fees and costs, as the court deems equitable.
J. For the purposes of this section, the term "grandparent" shall include
"great-grandparent".
Section 109.5
When an order has been entered
which provides for payment of child support and the legal custodian places
physical custody of the child with any person, subject to the provisions of
Section 45 of this act, without obtaining a modification of the order to change
legal custody, the placement of the physical custody, by operation of law, shall
create a presumption that such person with whom the child was placed has legal
physical custody of the child for the purposes of the payment of child support
and the obligee shall remit such child support obligation to the person with
whom the placement was made.
Section 109.6
Any information or any record
relating to a minor child which is available to the custodial parent of the
child, upon request, shall also be provided the noncustodial parent of the
child. Provided, however, that this right may be restricted by the court, upon
application, if such action is deemed necessary in the best interests of the
child. For the purpose of this section, "information" and "record" shall
include, but not be limited to, information and records kept by the school,
physician and medical facility of the minor child.
Section 110
A. 1. Except as otherwise
provided by this subsection, upon the filing of a petition for dissolution of
marriage, annulment of a marriage or legal separation by the petitioner and upon
personal service of the petition and summons on the respondent, or upon waiver
and acceptance of service by the respondent, an automatic temporary injunction
shall be in effect against both parties pursuant to the provisions of this
section:
a. restraining the parties from
transferring, encumbering, concealing, or in any way disposing of, without the
written consent of the other party or an order of the court, any marital
property, except in the usual course of business, for the purpose of retaining
an attorney for the case or for the necessities of life and requiring each party
to notify the other party of any proposed extraordinary expenditures and to
account to the court for all extraordinary expenditures made after the
injunction is in effect,
b. restraining the parties
from:
(1) intentionally or knowingly
damaging or destroying the tangible property of the parties, or of either of
them, including, but not limited to, any document that represents or embodies
anything of value,
(2) making any withdrawal for
any purpose from any retirement, profit-sharing, pension, death, or other
employee benefit plan or employee savings plan or from any individual retirement
account or Keogh account,
(3) withdrawing or borrowing in
any manner all or any part of the cash surrender value of any life insurance
policies on either party or their children,
(4) changing or in any manner
altering the beneficiary designation on any life insurance policies on the life
of either party or any of their children,
(5) canceling, altering, or in
any manner affecting any casualty, automobile, or health insurance policies
insuring the parties' property or persons,
(6) opening or diverting mail
addressed to the other party, and
(7) signing or endorsing the
other party's name on any negotiable instrument, check, or draft, such as tax
refunds, insurance payments, and dividends, or attempting to negotiate any
negotiable instruments payable to either party without the personal signature of
the other party,
c. requiring the parties to
maintain all presently existing health, property, life and other insurance which
the individual is presently carrying on any member of this family unit, and to
cooperate as necessary in the filing and processing of claims. Any
employer-provided health insurance currently in existence shall remain in full
force and effect for all family members,
d. enjoining both parties from
molesting or disturbing the peace of the other party or of the children to the
marriage,
e. restraining both parties from
disrupting or withdrawing their children from an educational facility and
programs where the children historically have been enrolled, or day
care,
f. restraining both parties from
hiding or secreting their children from the other party, and
g. restraining both parties from
removing the minor children of the parties, if any, beyond the jurisdiction of
the State of Oklahoma, acting directly or in concert with others, except for
vacations of two (2) weeks or less duration, without the prior written consent
of the other party, which shall not be unreasonably withheld.
2. a. The provisions of the
automatic temporary injunction shall be printed as an attachment to the summons
and the petition and entitled "Automatic Temporary Injunction
Notice".
b. The automatic temporary
injunction notice shall contain a provision which will allow the parties to
waive the automatic temporary injunction. In addition, the provision must state
that unless both parties have agreed and have signed their names in the space
provided, that the automatic temporary injunction will be effective. Along with
the waiver provision, the notice shall contain a check box and space available
for the signatures of the parties.
3. The automatic temporary
injunction shall become an order of the court upon fulfillment of the
requirements of paragraph 1 of this subsection unless and until:
a. the automatic temporary
injunction is waived by the parties. Both parties must indicate on the automatic
temporary injunction notice in the space provided that the parties have both
agreed to waive the automatic temporary injunction. Each party must sign his or
her own name on the notice in the space provided, or
b. a party, no later than three
(3) days after service on the party, files an objection to the injunction and
requests a hearing. Provided, the automatic temporary injunction shall remain in
effect until the hearing and a judge orders the injunction removed.
4. The automatic temporary
injunction shall be dissolved upon the granting of the dissolution of marriage,
final order of legal separation or other final order.
5. Nothing in this subsection
shall preclude either party from applying to the court for further temporary
orders, pursuant to this section, an expanded automatic temporary injunction, or
modification or revocation thereto.
6. a. With regard to an
automatic temporary injunction, when a petition for dissolution of marriage,
annulment of a marriage, or a legal separation is filed and served, a peace
officer shall use every reasonable means to enforce the injunction which enjoins
both parties from molesting or disturbing the peace of the other party or the
children of the marriage against a petitioner or respondent,
whenever:
(1) there is exhibited by a
respondent or by the petitioner to the peace officer a copy of the petition or
summons, with an attached Temporary Injunction Notice, duly filed and issued
pursuant to this section, together with a certified copy of the affidavit of
service of process or a certified copy of the waiver and acceptance of service,
and
(2) the peace officer has cause
to believe that a violation of the automatic temporary injunction has
occurred.
b. A peace officer shall not be
held civilly or criminally liable for his or her action pursuant to this
paragraph if his or her action is in good faith and without malice.
B. After a petition has been
filed in an action for dissolution of marriage or legal separation either party
may request the court to issue:
1. A temporary order:
a. regarding child custody,
support or visitation,
b. regarding spousal
maintenance,
c. regarding payment of
debt,
d. regarding possession of
property,
e. regarding attorney fees,
and
f. providing other injunctive
relief proper in the circumstances.
All applications for temporary
orders shall set forth the factual basis for the application and shall be
verified by the party seeking relief. The application and a notice of hearing
shall be served on the other party in any manner provided for in the Rules of
Civil Procedure.
The court shall not issue a
temporary order until at least five (5) days' notice of hearing is given to the
other party.
After notice and hearing, a
court may issue a temporary order granting the relief as provided by this
paragraph; and/or
2. A temporary restraining
order. If the court finds on the basis of a verified application and testimony
of witnesses that irreparable harm will result to the moving party, or a child
of a party if no order is issued before the adverse party or attorney for the
adverse party can be heard in opposition, the court may issue a temporary
restraining order which shall become immediately effective and enforceable
without requiring notice and opportunity to be heard to the other party. If a
temporary restraining order is issued pursuant to this paragraph, the motion for
a temporary order shall be set within ten (10) days.
C. Any temporary orders and the
automatic temporary injunction, or specific terms thereof, may be vacated or
modified prior to or in conjunction with a final decree on a showing by either
party of facts necessary for vacation or modification. Temporary orders and the
automatic temporary injunction terminate when the final judgment on all issues,
except attorney fees and costs, is rendered or when the action is dismissed. The
court may reserve jurisdiction to rule on an application for a contempt citation
for a violation of a temporary order or the automatic temporary injunction which
is filed any time prior to the time the temporary order or injunction
terminates.
D. Upon granting a decree of
dissolution of marriage, annulment of a marriage, or legal separation, the court
may require either party to pay such reasonable expenses of the other as may be
just and proper under the circumstances.
E. The court may in its
discretion make additional orders relative to the expenses of any such
subsequent actions, including but not limited to writs of habeas corpus, brought
by the parties or their attorneys, for the enforcement or modification of any
interlocutory or final orders in the dissolution of marriage action made for the
benefit of either party or their respective attorneys.
Section 110.1
It is
the policy of this state to assure that minor children have frequent and
continuing contact with parents who have shown the ability to act in the best
interests of their children and to encourage parents to share in the rights and
responsibilities of rearing their children after the parents have separated or
dissolved their marriage, provided that the parents agree to cooperate and that
domestic violence, stalking, or harassing behaviors as defined in Section 109 of
this title are not present in the parental relationship. To effectuate this
policy, if requested by a parent, the court may provide substantially equal
access to the minor children to both parents at a temporary order hearing,
unless the court finds that shared parenting would be detrimental to the child.
Section 110.1a
A. This section shall be known and may be cited as the "Oklahoma Child
Supervised Visitation Program".
B. It is the policy of this state to ensure that the health, safety, and
welfare of the child is paramount when supervised visitation is ordered by the
court.
C. For purposes of the Oklahoma Child Supervised Visitation Program:
1. "Supervised visitation" means the court-ordered contact between a
noncustodial parent and one or more children of such parent in the presence of a
third-party person who is responsible for observing and overseeing the
visitation in order to provide for the safety of the child and any other parties
during the visitation. The court may require supervised visitation when deemed
necessary by the court to protect the child or other parties;
2. An "alcohol-dependent person" has the same meaning as such term defined in
Section 3-403 of Title 43A of the Oklahoma Statutes;
3. A "drug-dependent person" has the same meaning as such term defined in
Section 3-403 of Title 43A of the Oklahoma Statutes; and
4. "Domestic abuse" has the same meaning as such term defined in Section 60.1
of Title 22 of the Oklahoma Statutes.
D. 1. The associate district judge in each county within this state may
select trained volunteers to provide supervised visitation pursuant to the
Oklahoma Child Supervised Visitation Program.
2. By February 15, 2005, the associate district judge of each county may
appoint a judicial district supervised visitation team to:
a. identify public and private entities which will be willing to provide
location sites for purposes of the Oklahoma Child Supervised Visitation
Program,
b. identify individuals who will be willing to serve as third-party persons
to observe and oversee court-ordered supervised visitations,
c. establish training requirements for volunteers,
d. identify programs which may be available for the training of the
volunteers including, but not limited to, the Department of Human Services,
Office of the Attorney General, child advocacy centers, domestic violence
groups, and the Department of Mental Health and Substance Abuse Services,
e. develop written protocol for handling supervised visitations so as to
provide safety of the child and other parties during the supervised
visitation,
f. develop application forms for volunteers applying for the Oklahoma Child
Supervised Visitation Program. Information listed on the form shall include, but
not be limited to:
(1) name, address and phone number of the volunteer,
(2) volunteer’s place of employment and phone number,
(3) areas of expertise,
(4) listing of professional training in areas including, but not limited to,
child abuse, domestic abuse, alcohol or drug abuse, mental illness or conflict
management,
(5) consent form specifying release of information, and
(6) professional references, and
g. identify which information of the parties and the child will be
confidential and which may be available to others.
3. From recommendations of the team established pursuant to this subsection,
the associate district judge in each county within this state may authorize one
or more public or private agencies to provide location sites for the Oklahoma
Child Supervised Visitation Program. A district judge may require either party
requesting supervised visitation of a child to identify a trained third-party
volunteer to observe and oversee the visitation. A district court shall not:
a. require any state agency location or state employee to observe and oversee
any supervised visitation, or
b. appoint a third party to observe and oversee a supervised visitation who
has not received the training as specified by the judicial district supervised
visitation team unless agreed to by the parties.
4. A participating public or private agency location site may charge a fee
for each visit.
E. The protocol for supervised visitation established by each judicial
district supervised visitation team may require that:
1. The location site require each participant who has court-ordered
supervised visitation for a child and who is participating in the supervised
visitation program to sign a time log upon arrival and departure. The agency
location site must have an employee assigned to verify identification of each
participant, initial each signature, and record the time of each person’s
arrival and departure; and
2. The agency location site also contain information on each client case
including, but not limited to:
a. a copy of the court order requiring supervised visitation, and
b. name of individuals authorized to pick up or deliver a child to the agency
location site for supervised visitation.
F. Each judicial district supervised visitation team may include, but not be
limited to:
1. Mental health professionals;
2. Police officers or other law enforcement agents;
3. Medical personnel;
4. Child protective services workers;
5. Child advocacy individuals; and
6. The district attorney or designee.
G. An associate district judge of a county, the judicial district supervised
visitation team created pursuant to this section and the Office of the Court
Administrator may develop an informational brochure outlining the provisions of
the Oklahoma Child Supervised Visitation Program and procedures to be used by
volunteers in that judicial district. The brochure may be distributed through
the municipal and district court, social service agency centers, county health
departments, hospitals, crisis or counseling centers, and community action
agencies.
H. Except for acts of dishonesty, willful criminal acts, or gross negligence,
no member of the judicial district supervised visitation team or volunteer shall
be charged personally with any liability whatsoever by reason of any act or
omission committed or suffered in the performance of the duties pursuant to the
provisions of this section.
I. The provisions of this section shall not apply to cases subject to the
Oklahoma Children’s Code and the Oklahoma Juvenile Code.
Section 110.2
In any action in which the custody of or the visitation with a
child is a relevant fact and at issue, the court may order the mother, the child
or father to submit to blood, saliva, urine or any other test deemed necessary
by the court in determining that the custody of or visitation with the child
will be in the best interests of the child. If so ordered and any party or child
refuses to submit to such tests, the court may enforce its order if the rights
of others and the interests of justice so require unless such individual is
found to have good cause for refusing to cooperate.
Section 111
Any order pertaining to the
division of property pursuant to a divorce or separate maintenance action, if
willfully disobeyed, may be enforced as an indirect contempt of
court.
Section 111.1
A. 1. Any order providing for the visitation of a
noncustodial parent with any of the children of such noncustodial parent shall
provide a specified minimum amount of visitation between the noncustodial parent
and the child unless the court determines otherwise.
2. Except for good cause shown and when in the best interests of the child,
the order shall encourage additional visitations of the noncustodial parent and
the child and in addition encourage liberal telephone communications between the
noncustodial parent and the child.
3. The court may award visitation by a noncustodial parent who was determined
to have committed domestic violence or engaged in stalking behavior as defined
in Section 109 of this title, if the court is able to provide for the safety of
the child and the parent who is the victim of that domestic violence.
4. In a visitation order, the court shall provide for the safety of the minor
child and victim of domestic violence, stalking, or harassment as defined in
Section 109 of this title, and subject to the provisions of Section 109 of this
title, may:
a. order the exchange of a child to be facilitated by a third party where the
parents do not have any contact with each other,
b. order an exchange of a child to occur in a protected setting,
c. order visitation supervised by another person or agency,
d. order the abusive, stalking, or harassing parent to pay a fee to help
defray the costs of supervised visitation or other costs of child exchanges,
including compensating third parties,
e. order the abusive, stalking, or harassing parent to attend and complete,
to the satisfaction of the court, an intervention program for batterers
certified by the Office of the Attorney General,
f. prohibit unsupervised or overnight visitation until the abusive, stalking,
or harassing parent has successfully completed a specialized program for abusers
and the parent has neither threatened nor exhibited violence for a substantial
period of time,
g. order the abusive, stalking, or harassing parent to abstain from the
possession or consumption of alcohol or controlled substances during the
visitation and for twenty-four (24) hours preceding visitation,
h. order the abusive, stalking, or harassing parent to complete a
danger/lethality assessment by a qualified mental health professional, and
i. impose any other condition that is deemed necessary to provide for the
safety of the child, the victim of domestic violence, stalking, or harassing
behavior, or another household member.
5. The court shall not order a victim of domestic violence, stalking, or
harassment to be present during child visitation exchange if the victim of
domestic violence, stalking, or harassment objects to being present.
6. Visitation shall be terminated if:
a. the abusive, stalking, or harassing parent repeatedly violates the terms
and conditions of visitation,
b. the child becomes severely distressed in response to visitation, including
the determination by a mental health professional or certified domestic violence
specialist that visitation with the abusive, stalking, or harassing parent is
causing the child severe distress which is not in the best interest of the
child, or
c. there are clear indications that the abusive, stalking, or harassing
parent has threatened to either harm or flee with the child, or has threatened
to harm the custodial parent.
7. Whether or not visitation is allowed, the court shall order the address of
the child and the victim of domestic violence, stalking, or harassing behavior
to be kept confidential if requested.
a. The court may order that the victim of domestic violence, stalking, or
harassing behavior participate in the address confidentiality program available
pursuant to Section 60.14 of Title 22 of the Oklahoma Statutes.
b. The abusive, stalking, or harassing parent may be denied access to the
medical and educational records of the child if those records may be used to
determine the location of the child.
B. 1. Except for good cause shown, when a noncustodial parent who is ordered
to pay child support and who is awarded visitation rights fails to pay child
support, the custodial parent shall not refuse to honor the visitation rights of
the noncustodial parent.
2. When a custodial parent refuses to honor the visitation rights of the
noncustodial parent, the noncustodial parent shall not fail to pay any ordered
child support or alimony.
C. 1. Violation of an order providing for the payment of child support or
providing for the visitation of a noncustodial parent with any of the children
of such noncustodial parent may be prosecuted as indirect civil contempt
pursuant to Section 566 of Title 21 of the Oklahoma Statutes or as otherwise
deemed appropriate by the court.
2. Any person complying in good faith with the provisions of Section 852.1 of
Title 21 of the Oklahoma Statutes, by refusing to allow his or her child to be
transported by an intoxicated driver, shall have an affirmative defense to a
contempt of court proceeding in a divorce or custody action.
3. Unless good cause is shown for the noncompliance, the prevailing party
shall be entitled to recover court costs and attorney fees expended in enforcing
the order and any other reasonable costs and expenses incurred in connection
with the denied child support or denied visitation as authorized by the
court.
Section 111.1a
A. By January 1, 2005, the Administrative Director of
the Courts shall have developed a standard visitation schedule and advisory
guidelines which may be used by the district courts of this state as deemed
necessary.
B. The standard visitation schedule should include a
minimum graduated visitation schedule for children under the age of five (5)
years and a minimum graduated visitation schedule for children five (5) years of
age through seventeen (17) years of age. In addition, the standard visitation
schedule should address:
1. Midweek and weekend time-sharing;
2. Differing geographical residences of the custodian
and noncustodian of the child requesting visitation;
3. Holidays, including Friday and Monday
holidays;
4. Summer vacation break;
5. Midterm school breaks;
6. Notice requirements and authorized reasons for
cancellations of visitation;
7. Transportation and transportation costs, including
pick up and return of the child;
8. Religious, school, and extracurricular
activities;
9. Grandparent and relative contact;
10. The birthday of the child;
11. Sibling visitation schedules;
12. Special circumstances, including, but not limited
to, emergencies; and
13. Any other standards deemed necessary by the
Administrative Director of the Courts.
C. 1. The Administrative Director of the Courts shall
develop advisory guidelines for use by the district courts when parties to any
action concerning the custody of a child are unable to mutually agree upon a
visitation schedule.
2. The advisory guidelines should include the
following considerations at a minimum:
a. a preference for visitation schedules that are
mutually agreed upon by both parents over a court-imposed solution,
b. a visitation schedule which should maximize the
continuity and stability of the life of the child,
c. special considerations should be given to each
parent to make the child available to attend family functions, including
funerals, weddings, family reunions, religious holidays, important ceremonies,
and other significant events in the life of the child or in the life of either
parent which may inadvertently conflict with the visitation schedule,
d. a visitation schedule which will not interrupt the
regular school hours of the child,
e. a visitation schedule should reasonably
accommodate the work schedule of both parents and may increase the visitation
time allowed to the noncustodial parent but should not diminish the standardized
visitation schedule provided in Section 111.1 of Title 43 of the Oklahoma
Statutes,
f. a visitation schedule should reasonably
accommodate the distance between the parties and the expense of exercising
visitation,
g. each parent should permit and encourage liberal
electronic contact during reasonable hours and uncensored mail privileges with
the child, and
h. each parent should be entitled to an equal
division of major religious holidays celebrated by the parents, and the parent
who celebrates a religious holiday that the other parent does not celebrate
shall have the right to be together with the child on the religious
holiday.
D. The Administrative Director of the Courts
shall:
1. Make the standard visitation schedule and advisory
guidelines available to the district courts of this state; and
2. Periodically review and update the guidelines as
deemed necessary.
Section 111.2
Any person who is not a party to
a child custody proceeding, and who intentionally removes, causes the removal
of, assists in the removal of, or detains any child under eighteen (18) years of
age with intent to deny another person's right to custody of the child or
visitation under an existing court order shall be liable in an action at law.
Remedies available pursuant to this section are in addition to any other
remedies available by law or equity and may include, but shall not be limited
to, the following:
1. Damages for loss of service, society, and
companionship;
2. Compensatory damages for reasonable expenses
incurred in searching for the missing child or attending court hearings; and
3. The prevailing party in such action shall be
awarded reasonable attorney fees.
Section 111.3
A. When a noncustodial parent
has been granted visitation rights and those rights are denied or otherwise
interfered with by the custodial parent, in addition to the remedy provided in
subsection B of Section 111.1 of Title 43 of the Oklahoma Statutes, the
noncustodial parent may file with the court clerk a motion for enforcement of
visitation rights. The motion shall be filed on a form provided by the court
clerk. Upon filing of the motion, the court shall immediately:
1. Issue ex parte an order for mediation; or
2. Set a hearing on the motion, which shall be not
more than twenty-one (21) days after the filing of the motion.
B. Within five (5) days of
termination of mediation ordered pursuant to paragraph 1 of subsection A of this
section, the mediator shall submit the record of termination and a summary of
the parties' agreement, if any, to the court. Upon receipt of the record of
termination, the court shall enter an order in accordance with the parties'
agreement, if any, or set the matter for hearing, which shall be not more than
ten (10) days after the record of termination is received by the court.
C. Notice of a hearing pursuant
to subsection A or B of this section shall be given to all interested parties by
certified mail, return receipt requested, or as ordered by the court.
D. If the court finds that
visitation rights of the noncustodial parent have been unreasonably denied or
otherwise interfered with by the custodial parent, the court shall enter an
order providing for one or more of the following:
1. A specific visitation schedule;
2. Compensating visitation time for the visitation
denied or otherwise interfered with, which time shall be of the same type (e.g.
holiday, weekday, weekend, summer) as the visitation denied or otherwise
interfered with, and shall be at the convenience of the noncustodial parent;
3. Posting of a bond, either cash or with sufficient
sureties, conditioned upon compliance with the order granting visitation rights;
4. Assessment of reasonable attorney fees, mediation
costs, and court costs to enforce visitation rights against the custodial
parent;
5. Attendance of one or both parents at counseling or
educational sessions which focus on the impact of visitation disputes on
children;
6. Supervised visitation; or
7. Any other remedy the court considers appropriate,
which may include an order which modifies a prior order granting child custody.
E. If the court finds that the
motion for enforcement of visitation rights has been unreasonably filed or
pursued by the noncustodial parent, the court may assess reasonable attorney
fees, mediation costs, and court costs against the noncustodial parent.
F. Final disposition of a motion
filed pursuant to this section shall take place no later than forty-five (45)
days after filing of the motion.
G. The Office of the Court
Administrator shall develop the form required by subsection A of this section to
be used for a motion to enforce visitation rights.
Section 111.4
A. A parent who, in good faith and with a reasonable belief supported by
fact, determines that the child of that parent is the victim of child abuse or
neglect, or suffers from effects of domestic violence, may take necessary
actions to protect the child, including refusing to permit visitation.
B. In cases in which there is evidence to substantiate suspected
or confirmed child abuse or neglect, visitation shall be suspended.
Section 112
A. A petition or cross-petition for a divorce, legal separation, or annulment
must state whether or not the parties have minor children of the marriage. If
there are minor children of the marriage, the court:
1. Shall make provision for guardianship, custody, medical care, support and
education of the children;
2. Unless not in the best interests of the children, may provide for the
visitation of the noncustodial parent with any of the children of the
noncustodial parent; and
3. May modify or change any order whenever circumstances render the change
proper either before or after final judgment in the action; provided, that the
amount of the periodic child support payment shall not be modified retroactively
or payment of all or a portion of the past due amount waived, except by mutual
agreement of the obligor and obligee, or if the obligee has assigned child
support rights to the Department of Human Services or other entity, by agreement
of the Department or other entity. Unless the parties agree to the contrary, a
completed child support computation form provided for in Section 120 of this
title shall be required to be filed with the child support order.
The social security numbers of both parents and the child shall be included
on the child support order summary form provided for in Section 120 of this
title, which shall be submitted to the Central Case Registry as provided for in
Section 112A of this title with all child support or paternity orders.
B. In any action in which there are minor unmarried children in awarding or
modifying the custody of the child or in appointing a general guardian for the
child, the court shall be guided by the provisions of Section 112.4 of this
title and shall consider what appears to be in the best interests of the
child.
C. 1. When it is in the best interests of a minor unmarried child, the court
shall:
a. assure children of frequent and continuing contact with both parents after
the parents have separated or dissolved their marriage, and
b. encourage parents to share the rights and responsibilities of child
rearing in order to effect this policy.
2. There shall be neither a legal preference nor a presumption for or against
joint legal custody, joint physical custody, or sole custody.
3. When in the best interests of the child, custody shall be awarded in a way
which assures the frequent and continuing contact of the child with both
parents. When awarding custody to either parent, the court:
a. shall consider, among other facts, which parent is more likely to allow
the child or children frequent and continuing contact with the noncustodial
parent, and
b. shall not prefer a parent as a custodian of the child because of the
gender of that parent.
4. In any action, there shall be neither a legal preference or a presumption
for or against private or public school or home-schooling in awarding the
custody of a child, or in appointing a general guardian for the child.
5. Notwithstanding any custody determination made pursuant to the Oklahoma
Children’s Code, when a custodial parent of a child is required to be
separated from a child due to military service, a court shall not enter a final
order modifying an existing custody order until such time as the custodial
parent has completed the term of duty requiring separation. For purposes of this
paragraph:
a. In the case of a parent who is a member of the Army, Navy, Air Force,
Marine Corps or Coast Guard, the term "military service" means a combat
deployment, contingency operation, or natural disaster requiring the use of
orders that do not permit any family member to accompany the member; and
b. In the case of a parent who is a member of the National Guard, the term
"military service" means service under a call to active service authorized by
the President of the United States or the Secretary of Defense for a period of
more than thirty (30) consecutive days under 32 U.S.C. 502(f) for purposes of
responding to a national emergency declared by the President and supported by
federal funds. "Military service" shall include any period during which a member
is absent from duty on account of sickness, wounds, leave or other lawful
cause.
6. In making an order for custody, the court shall require compliance with
Section 112.3 of this title.
D. 1. Except for good cause shown, a pattern of failure to allow
court-ordered visitation may be determined to be contrary to the best interests
of the child and as such may be grounds for modification of the child custody
order.
2. For any action brought pursuant to the provisions of this section which
the court determines to be contrary to the best interests of the child, the
prevailing party shall be entitled to recover court costs, attorney fees and any
other reasonable costs and expenses incurred with the action.
E. Except as otherwise provided by Section 112.1A of this title, any child
shall be entitled to support by the parents until the child reaches eighteen
(18) years of age. If a child is regularly enrolled in and attending high
school, as set forth in Section 11-103.6 of Title 70 of the Oklahoma Statutes,
other means of high school education, or an alternative high school education
program as a full-time student, the child shall be entitled to support by the
parents until the child graduates from high school or until the age of twenty
(20) years, whichever occurs first. Full-time attendance shall include regularly
scheduled breaks from the school year. No hearing or further order is required
to extend support pursuant to this subsection after the child reaches the age of
eighteen (18) years.
F. In any case in which provision is made for the custody or support of a
minor child or enforcement of such order and before hearing the matter or
signing any orders, the court shall inquire whether public assistance money or
medical support has been provided by the Department of Human Services, hereafter
referred to as the Department, for the benefit of each child. If public
assistance money, medical support, or child support services under the state
child support plan as provided in Section 237 of Title 56 of the Oklahoma
Statutes have been provided for the benefit of the child, the Department shall
be a necessary party for the adjudication of the debt due to the State of
Oklahoma, as defined in Section 238 of Title 56 of the Oklahoma Statutes, and
for the adjudication of paternity, child support, and medical insurance coverage
for the minor children in accordance with federal regulations. When an action is
filed, the petitioner shall give the Department notice of the action according
to Section 2004 of Title 12 of the Oklahoma Statutes. The Department shall not
be required to intervene in the action to have standing to appear and
participate in the action. When the Department is a necessary party to the
action, any orders concerning paternity, child support, medical support, or the
debt due to the State of Oklahoma shall be approved and signed by the
Department.
G. In any case in which a child support order or custody order or both is
entered, enforced or modified, the court may make a determination of the
arrearages of child support.
Section 112a
A. 1. The Child Support
Enforcement Division of the Department of Human Services shall maintain a
central case registry on all Title IV-D cases and all child support orders
established or modified in this state after October 1, 1998. Title IV-D cases are cases in which child support services are
being provided under the state child support plan as provided under Section 237
of Title 56 of the Oklahoma Statutes.
2. In Title IV-D cases, the case
registry shall include, but not be limited to, information required to be
transmitted to the federal case registry pursuant to 42 U.S.C., Section 654A.
3. In cases in which child
support services are not being provided under the state child support plan as
provided under Section 237 of Title 56 of the Oklahoma Statutes and in which a
child support order is established or modified in this state after October 1,
1998, the case registry shall include, but not be limited to, information
required to be transmitted to the federal case registry pursuant to 42 U.S.C.,
Section 654A, and information from the support order summary form provided for
in Section 120 of Title 43 of the Oklahoma Statutes.
B. 1. All orders entered after
October 31, 2001, which establish paternity or establish, modify or enforce a
child support obligation shall state for all parties and custodians subject to
the order:
a. an address of record for
service of process in support, visitation and custody actions, and
b. the address of record may be
different from the party’s or custodian’s physical address.
2. The address shall be
maintained by the central case registry. The order shall direct that any changes
in the address of record shall be provided in writing to the central case
registry within thirty (30) days of the change. The address of record is subject
to disclosure to a party or custodian upon request pursuant to the provisions of
this section and rules promulgated by the Department of Human Services. The
Department of Human Services may refuse to disclose address and location
information if the Department has reasonable evidence of domestic violence or
child abuse and the disclosure of such information could be harmful to a party,
custodian or child.
C. 1. All parties and custodians
ordered to provide an address of record to the central case registry as
specified in this section may, in subsequent child support actions, be served
with process by regular mail to the last address of record provided to the
central case registry.
2. Proof of service shall be
made by a certificate of mailing from a United States Post Office, or in child
support cases where services are being provided under the state child support
plan, by a certificate of mailing from the child support representative.
D. The Department of Human
Services shall promulgate rules as necessary to implement the provisions of this
section.
Section 112.1a
A. In this section:
1. "Adult child" means a child
eighteen (18) years of age or older.
2. "Child" means a son or
daughter of any age.
B. 1. The court may order either
or both parents to provide for the support of a child for an indefinite period
and may determine the rights and duties of the parents if the court finds that:
a. the child, whether
institutionalized or not, requires substantial care and personal supervision
because of a mental or physical disability and will not be capable of
self-support, and
b. the disability exists, or the
cause of the disability is known to exist, on or before the eighteenth birthday
of the child.
2. A court that orders support
under this section shall designate a parent of the child or another person
having physical custody or guardianship of the child under a court order to
receive the support for the child. The court may designate a child who is
eighteen (18) years of age or older to receive the support directly.
C. 1. A suit provided by this
section may be filed only by:
a. a parent of the child or
another person having physical custody or guardianship of the child under a
court order, or
b. the child if the child:
(1) is eighteen (18) years of
age or older,
(2) does not have a mental
disability, and
(3) is determined by the court
to be capable of managing the child’s financial affairs.
2. The parent, the child, if the
child is eighteen (18) years of age or older, or other person may not transfer
or assign the cause of action to any person, including a governmental or private
entity or agency, except for an assignment made to the Title IV-D agency.
D. 1. A suit under this section
may be filed:
a. regardless of the age of the
child, and
b. as an independent cause of
action or joined with any other claim or remedy provided by this title.
2. If no court has continuing,
exclusive jurisdiction of the child, an action under this section may be filed
as an original suit.
3. If there is a court of
continuing, exclusive jurisdiction, an action under this section may be filed as
a suit for modification pursuant to Section 115 of this title.
E. In determining the amount of
support to be paid after a child’s eighteenth birthday, the specific terms and
conditions of that support, and the rights and duties of both parents with
respect to the support of the child, the court shall determine and give special
consideration to:
1. Any existing or future needs
of the adult child directly related to the adult child’s mental or physical
disability and the substantial care and personal supervision directly required
by or related to that disability;
2. Whether the parent pays for
or will pay for the care or supervision of the adult child or provides or will
provide substantial care or personal supervision of the adult child;
3. The financial resources
available to both parents for the support, care, and supervision of the adult
child; and
4. Any other financial resources
or other resources or programs available for the support, care, and supervision
of the adult child.
F. An order provided by this
section may contain provisions governing the rights and duties of both parents
with respect to the support of the child and may be modified or enforced in the
same manner as any other order provided by this title.
Section 112.2
A. In every case involving the custody of,
guardianship of or visitation with a child, the court shall consider for
determining the custody of, guardianship of or the visitation with a child
whether any person seeking custody or who has custody of, guardianship of or
visitation with a child: 1. Is or has been subject to the
registration requirements of the Oklahoma Sex Offenders Registration Act or any
similar act in any other state; 2. Has been convicted of a crime listed in the
Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57
of the Oklahoma Statutes;
3. Is an alcohol-dependent person or a drug-dependent
person as established by clear and convincing evidence and who can be expected
in the near future to inflict or attempt to inflict serious bodily harm to
himself or herself or another person as a result of such dependency;
4. Has been convicted of domestic abuse within the
past five (5) years;
5. Is residing with an individual who is or has been
subject to the registration requirements of the Oklahoma Sex Offenders
Registration Act or any similar act in any other state;
6. Is residing with a person who has been convicted
of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act or in
Section 582 of Title 57 of the Oklahoma Statutes; or
7. Is residing with a person who has been convicted
of domestic abuse within the past five (5) years.
B. There
shall be a rebuttable presumption that it is not in the best interests of the
child to have custody or
guardianship granted to a person who:
1. Is subject to or has been subject to the
registration requirements of the Oklahoma Sex Offenders Registration Act or any
similar act in any other state;
2. Has been convicted of a crime listed in the
Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57
of the Oklahoma Statutes;
3. Is an alcohol-dependent person or a drug-dependent
person as established by clear and convincing evidence and who can be expected
in the near future to inflict or attempt to inflict serious bodily harm to
himself or herself or another person as a result of such dependency;
4. Has been convicted of domestic abuse within the
past five (5) years;
5. Is residing with a person who is or has been
subject to the registration requirements of the Oklahoma Sex Offenders
Registration Act or any similar act in any other
state; 6. Is residing with a person who has been convicted
of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act or in
Section 582 of Title 57 of the Oklahoma Statutes; or
7. Is residing with a person convicted of domestic abuse within
the past five (5) years.
C. Custody of, guardianship of, or visitation with a
child shall not be granted to any person if it is established that the custody,
guardianship or visitation will likely expose the child to a foreseeable risk of
material harm.
D. Except as otherwise provided by the Oklahoma Child
Supervised Visitation Program, court-ordered supervised visitation shall be
governed by the Oklahoma Child Supervised Visitation Program.
E. For purposes of this section:
1. "Alcohol-dependent person" has the same meaning as
such term is defined in Section 3-403 of Title 43A of the Oklahoma
Statutes;
2. "Domestic abuse" has the same meaning as such term
is defined in Section 60.1 of Title 22 of the Oklahoma Statutes;
3. "Drug-dependent person" has the same meaning as
such term is defined in Section 3-403 of Title 43A of the Oklahoma Statutes;
and
4. "Supervised visitation" means a program
established pursuant to Section 5 of this act.
Section 112.2a
A parent entitled to the custody of a child has a right to change his
residence, subject to the power of the district court to restrain a removal
which would prejudice the rights or welfare of the child.
Section 112.3
A. As used in this section:
1. "Change of residence address" means a change in the primary residence of
an adult;
2. "Child" means a child under the age of eighteen (18) who has not been
judicially emancipated;
3. "Person entitled to custody of or visitation with a child" means a person
so entitled by virtue of a court order or by an express agreement that is
subject to court enforcement;
4. "Principal residence of a child" means:
a. the location designated by a court to be the primary residence of the
child,
b. in the absence of a court order, the location at which the parties have
expressly agreed that the child will primarily reside, or
c. in the absence of a court order or an express agreement, the location, if
any, at which the child, preceding the time involved, lived with the child’s
parents, a parent, or a person acting as parent for at least six (6) consecutive
months and, in the case of a child less than six (6) months old, the location at
which the child lived from birth with any of the persons mentioned. Periods of
temporary absence of any of the named persons are counted as part of the
six-month or other period; and
5. "Relocation" means a change in the principal residence of a child over
seventy-five (75) miles from the child's principal residence for a period of
sixty (60) days or more, but does not include a temporary absence from the
principal residence.
B. 1. Except as otherwise provided by this section, a person who has the
right to establish the principal residence of the child shall notify every other
person entitled to visitation with the child of a proposed relocation of the
child’s principal residence as required by this section.
2. Except as otherwise provided by this section, an adult entitled to
visitation with a child shall notify every other person entitled to custody of
or visitation with the child of an intended change in the primary residence
address of the adult as required by this section.
C. 1. Except as provided by this section, notice of a proposed relocation of
the principal residence of a child or notice of an intended change of the
primary residence address of an adult must be given:
a. by mail to the last-known address of the person to be notified, and
b. no later than:
(1) the sixtieth day before the date of the intended move or proposed
relocation, or
(2) the tenth day after the date that the person knows the information
required to be furnished pursuant to this subsection, if the person did not know
and could not reasonably have known the information in sufficient time to comply
with the sixty-day notice, and it is not reasonably possible to extend the time
for relocation of the child.
2. Except as provided by this section, the following information, if
available, must be included with the notice of intended relocation of the child
or change of primary residence of an adult:
a. the intended new residence, including the specific address, if known,
b. the mailing address, if not the same,
c. the home telephone number, if known,
d. the date of the intended move or proposed relocation,
e. a brief statement of the specific reasons for the proposed relocation of a
child, if applicable,
f. a proposal for a revised schedule of visitation with the child, if any,
and
g. a warning to the nonrelocating parent that an objection to the relocation
must be made within thirty (30) days or the relocation will be permitted.
3. A person required to give notice of a proposed relocation or change of
residence address under this subsection has a continuing duty to provide a
change in or addition to the information required by this subsection as that
information becomes known.
D. After the effective date of this act, an order issued by a court directed
to a person entitled to custody of or visitation with a child shall include the
following or substantially similar terms:
"You, as a party in this action, are ordered to notify every other party to
this action in writing of a proposed relocation of the child, change of your
primary residence address, and the following information:
1. The intended new residence, including the specific address, if known;
2. The mailing address, if not the same;
3. The home telephone number, if known;
4. The date of the intended move or proposed relocation;
5. A brief statement of the specific reasons for the proposed relocation of a
child, if applicable; and
6. A proposal for a revised schedule of visitation with the child, if
any.
You are further ordered to give written notice of the proposed relocation or
change of residence address on or before the sixtieth day before a proposed
change. If you do not know and could not have reasonably known of the change in
sufficient time to provide a sixty-day notice, you are ordered to give written
notice of the change on or before the tenth day after the date that you know of
the change.
Your obligation to furnish this information to every other party continues as
long as you, or any other person, by virtue of this order, are entitled to
custody of or visitation with a child covered by this order.
Your failure to obey the order of this court to provide every other party
with notice of information regarding the proposed relocation or change of
residence address may result in further litigation to enforce the order,
including contempt of court.
In addition, your failure to notify of a relocation of the child may be taken
into account in a modification of custody of, visitation with, possession of or
access to the child. Reasonable costs and attorney fees also may be assessed
against you if you fail to give the required notice.
If you, as the nonrelocating parent, do not file a proceeding seeking a
temporary or permanent order to prevent the relocation within thirty (30) days
after receipt of notice of the intent of the other party to relocate the
residence of the child, relocation is authorized."
E. 1. On a finding by the court that the health, safety, or liberty of a
person or a child would be unreasonably put at risk by the disclosure of the
required identifying information in conjunction with a proposed relocation of
the child or change of residence of an adult, the court may order that:
a. the specific residence address and telephone number of the child or of the
adult and other identifying information shall not be disclosed in the pleadings,
other documents filed in the proceeding, or the final order, except for an in
camera disclosure,
b. the notice requirements provided by this article be waived to the extent
necessary to protect confidentiality and the health, safety or liberty of a
person or child, and
c. any other remedial action that the court considers necessary to facilitate
the legitimate needs of the parties and the best interest of the child.
2. If appropriate, the court may conduct an ex parte hearing pursuant to this
subsection.
F. 1. The court may consider a failure to provide notice of a proposed
relocation of a child as provided by this section as:
a. a factor in making its determination regarding the relocation of a
child,
b. a factor in determining whether custody or visitation should be
modified,
c. a basis for ordering the return of the child if the relocation has taken
place without notice, and
d. sufficient cause to order the person seeking to relocate the child to pay
reasonable expenses and attorney fees incurred by the person objecting to the
relocation.
2. In addition to the sanctions provided by this subsection, the court may
make a finding of contempt if a party violates the notice requirement required
by this section and may impose the sanctions authorized for contempt of a court
order.
G. 1. The person entitled to custody of a child may relocate the principal
residence of a child after providing notice as provided by this section unless a
parent entitled to notice files a proceeding seeking a temporary or permanent
order to prevent the relocation within thirty (30) days after receipt of the
notice.
2. A parent entitled by court order or written agreement to visitation with a
child may file a proceeding objecting to a proposed relocation of the principal
residence of a child and seek a temporary or permanent order to prevent the
relocation.
3. If relocation of the child is proposed, a nonparent entitled by court
order or written agreement to visitation with a child may file a proceeding to
obtain a revised schedule of visitation, but may not object to the proposed
relocation or seek a temporary or permanent order to prevent the relocation.
4. A proceeding filed pursuant to this subsection must be filed within thirty
(30) days of receipt of notice of a proposed relocation.
H. 1. The court may grant a temporary order restraining the relocation of a
child, or ordering return of the child if a relocation has previously taken
place, if the court finds:
a. the required notice of a proposed relocation of a child as provided by
this section was not provided in a timely manner and the parties have not
presented an agreed-upon revised schedule for visitation with the child for the
court’s approval,
b. the child already has been relocated without notice, agreement of the
parties, or court approval, or
c. from an examination of the evidence presented at the temporary hearing
there is a likelihood that on final hearing the court will not approve the
relocation of the primary residence of the child.
2. The court may grant a temporary order permitting the relocation of the
child pending final hearing if the court:
a. finds that the required notice of a proposed relocation of a child as
provided by this section was provided in a timely manner and issues an order for
a revised schedule for temporary visitation with the child, and
b. finds from an examination of the evidence presented at the temporary
hearing there is a likelihood that on final hearing the court will approve the
relocation of the primary residence of the child.
I. A proposed relocation of a child may be a factor in considering a change
of custody.
J. 1. In reaching its decision regarding a proposed relocation, the court
shall consider the following factors:
a. the nature, quality, extent of involvement, and duration of the child’s
relationship with the person proposing to relocate and with the nonrelocating
person, siblings, and other significant persons in the child’s life,
b. the age, developmental stage, needs of the child, and the likely impact
the relocation will have on the child’s physical, educational, and emotional
development, taking into consideration any special needs of the child,
c. the feasibility of preserving the relationship between the nonrelocating
person and the child through suitable visitation arrangements, considering the
logistics and financial circumstances of the parties,
d. the child’s preference, taking into consideration the age and maturity of
the child,
e. whether there is an established pattern of conduct of the person seeking
the relocation, either to promote or thwart the relationship of the child and
the nonrelocating person,
f. whether the relocation of the child will enhance the general quality of
life for both the custodial party seeking the relocation and the child,
including but not limited to financial or emotional benefit or educational
opportunity,
g. the reasons of each person for seeking or opposing the relocation, and
h. any other factor affecting the best interest of the child.
2. The court may not:
a. give undue weight to the temporary relocation as a factor in reaching its
final decision, if the court has issued a temporary order authorizing a party
seeking to relocate a child to move before final judgment is issued, or
b. consider whether the person seeking relocation of the child has declared
that he or she will not relocate if relocation of the child is denied.
K. The relocating person has the burden of proof that the proposed relocation
is made in good faith. If that burden of proof is met, the burden shifts to the
nonrelocating person to show that the proposed relocation is not in the best
interest of the child.
L. 1. After notice and a reasonable opportunity to respond, the court may
impose a sanction on a person proposing a relocation of the child or objecting
to a proposed relocation of a child if it determines that the proposal was made
or the objection was filed:
a. to harass a person or to cause unnecessary delay or needless increase in
the cost of litigation,
b. without being warranted by existing law or was based on frivolous
argument, or
c. based on allegations and other factual contentions which had no
evidentiary support or, if specifically so identified, could not have been
reasonably believed to be likely to have evidentiary support after further
investigation.
2. A sanction imposed under this subsection shall be limited to what is
sufficient to deter repetition of such conduct or comparable conduct by others
similarly situated. The sanction may include directives of a nonmonetary nature,
an order to pay a penalty into court, or, if imposed on motion and warranted for
effective deterrence, an order directing payment to the other party of some or
all of the reasonable attorney fees and other expenses incurred as a direct
result of the violation.
M. If the issue of relocation is presented at the initial hearing to
determine custody of and visitation with a child, the court shall apply the
factors set forth in this section in making its initial determination.
N. 1. The provisions of this section apply to an order regarding custody of
or visitation with a child issued:
a. after the effective date of this act, and
b. before the effective date of this act, if the existing custody order or
enforceable agreement does not expressly govern the relocation of the child or
there is a change in the primary residence address of an adult affected by the
order.
2. To the extent that a provision of this section conflicts with an existing
custody order or enforceable agreement, this section does not apply to the terms
of that order or agreement that govern relocation of the child or a change in
the primary residence address of an adult.
Section 112.4
A stepparent is not required to maintain his or her spouse’s children from a
prior relationship.
Section 112.5
A. Custody or guardianship of a child may be awarded to:
1. A parent or to both parents jointly;
2. A grandparent;
3. A person who was indicated by the wishes of a deceased parent;
4. A relative of either parent;
5. The person in whose home the child has been living in a wholesome and
stable environment including but not limited to a foster parent; or
6. Any other person deemed by the court to be suitable and able to provide
adequate and proper care and guidance for the child.
B. In applying subsection A of this section, a court shall award custody or
guardianship of a child to a parent, unless a nonparent proves by clear and
convincing evidence that:
1. For a period of at least twelve (12) months out of the last fourteen (14)
months immediately preceding the commencement of the custody or guardianship
proceeding, the parent has willfully failed, refused, or neglected to contribute
to the support of the child: a. in substantial compliance with a support provision or an order entered by
a court of competent jurisdiction adjudicating the duty, amount, and manner of
support, or b. according to the financial ability of the parent to contribute to the
support of the child if no provision for support is entered by a court of
competent jurisdiction, or an order of modification subsequent thereto.
For purposes of this paragraph, incidental or token financial contributions
shall not be considered in establishing whether a parent has satisfied his or
her obligation under subparagraphs a and b of this paragraph; or
2. a. the child has been left in the physical custody of a nonparent by a
parent or parents of the child for one (1) year or more, excluding parents on
active duty in the military, and
b. the parent or parents have not maintained regular visitation or
communication with the child.
For purposes of this paragraph, incidental or token visits or communications
shall not be considered in determining whether a parent or parents have
regularly maintained visitation or communication.
C. In applying subsection A of this section, a court shall award custody or
guardianship of a child to a parent, unless the court finds that the parent is
affirmatively unfit. There shall be a rebuttable presumption that a parent is
affirmatively unfit if the parent:
1. Is or has been subject to the registration requirements of the Oklahoma
Sex Offenders Registration Act or any similar act in any other state;
2. Has been convicted of a crime listed in Section 582 of Title 57 of the
Oklahoma Statutes;
3. Is an alcohol-dependent person or a drug-dependent person as established
by clear and convincing evidence and who can be expected in the near future to
inflict or attempt to inflict serious bodily harm to himself or herself or
another person as a result of such dependency;
4. Has been convicted of domestic abuse within the past five (5) years;
5. Is residing with a person who is or has been subject to the registration
requirements of the Oklahoma Sex Offenders Registration Act or any similar act
in any other state;
6. Is residing with a person who has been convicted of a crime listed in the
Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57
of the Oklahoma Statutes; or
7. Is residing with a person who has been convicted of domestic abuse within
the past five (5) years.
D. Subject to subsection E of this section, a custody determination made in
accordance with subsections B and C of this section shall not be modified unless
the person seeking the modification proves that:
1. Since the making of the order sought to be modified, there has been a
permanent, material, and substantial change of conditions that directly affects
the best interests of the child; and
2. That as a result of such change of circumstances, the child would be
substantially better off with regard to its temporal, mental, and moral welfare
if custody were modified.
E. If the custody determination made in accordance with subsections B and C
indicates that custody is temporary, the determination may be modified upon a
showing that the conditions which led to the custody or guardianship
determination no longer exist.
Section 112.6
In a dissolution of marriage or separate maintenance or custody proceeding, a
victim of domestic violence or stalking shall be entitled to reasonable attorney
fees and costs after the filing of a petition, upon application and a showing by
a preponderance of evidence that the party is currently being stalked or has
been stalked or is the victim of domestic abuse. The court shall order that the
attorney fees and costs of the victimized party for the proceeding be
substantially paid for by the abusing party prior to and after the entry of a
final order.
Section 113
A. In any action or proceeding
in which a court must determine custody or limits of or period of visitation,
the child may express a preference as to which of its parents the child wishes
to have custody.
B. 1. The court shall determine
whether the best interest of the child will be served by the child's expression
of preference as to which parent should have custody or limits of or period of
visitation rights of either parent. If the court so finds, the child may express
such preference or give other testimony.
2. If the child is of a
sufficient age to form an intelligent preference, the court shall consider the
expression of preference or other testimony of the child in determining custody
or limits of or period of visitation. The court shall not be bound by the
child's choice and may take other facts into consideration in awarding custody
or limits of or period of visitation. However, if the child is of a sufficient
age to form an intelligent preference and the court does not follow the
expression of preference of the child as to custody, or limits of visitation,
the court shall make specific findings of fact supporting such action if
requested by either party.
3. There shall be a rebuttable
presumption that a child who is twelve (12) years of age or older is of a
sufficient age to form an intelligent preference.
C. If the child expresses a
preference or gives testimony, such preference or testimony may be taken by the
court in chambers without the parents or other parties present. If attorneys are
not allowed to be present, the court shall state, for the record, the reasons
for their exclusion. At the request of either party, a record shall be made of
any such proceeding in chambers.
Section 114
Interest on delinquent court-ordered child support payments and payments of suit money.
Court-ordered child support payments and court-ordered payments of suit moneys shall draw interest at the rate of ten percent (10%) per year from the date they become delinquent, and the interest shall be collected in the same manner as the payments upon which the interest accrues.
Section 115
A. Every order providing for the
support of a minor child or a modification of such order, whether issued by a
district court or an administrative court, shall contain an immediate income
assignment provision if child support services are being provided under the
state child support plan as provided under Section 237 of Title 56 of the
Oklahoma Statutes, regardless of whether support payments by such parent are in
arrears.
B. In all child support cases
arising out of an action for divorce, paternity or other proceeding in which
services are not being provided under the state child support plan, the district
court shall order the wage of the obligor subject to immediate income
assignment, regardless of whether support payments by such parent are in
arrears, unless:
1. One of the parties demonstrates
and the district court finds there is good cause not to require immediate income
withholding; or
2. A written agreement is reached
between the parties which provides for an alternative
arrangement.
C. The obligated party may execute
a voluntary income assignment at any time. The voluntary assignment shall be
filed with the district or administrative court and shall take effect after
service on the payor, as required by Section 1171.3 of Title 12 of the Oklahoma
Statutes.
Section 116
The district or administrative
court may order a person obligated to support a minor child to post a security,
bond, or other guarantee in a form and amount satisfactory to the court to
ensure the payment of child support.
Section 117
A. Except as otherwise provided by
subsection B of this section, the person obligated to pay support or the person
entitled to the support may petition the district or administrative court
to:
1. Modify, suspend, or terminate
the order for income assignment because of a modification, suspension, or
termination of the underlying order for support; or
2. Modify the amount of income to
be withheld to reflect payment in full of the delinquency by income assignment
or otherwise; or
3. Suspend the order for income
assignment because of inability to deliver income withheld to the person
entitled to support payments due to the failure of the person entitled to
support to provide a mailing address or other means of
delivery.
B. If the income assignment has
been initiated by the Department of Human Services, the district court shall
notify the Department of Human Services prior to the termination, modification,
or suspension of the income assignment order.
Section 118
A. There shall be a rebuttable presumption in any judicial or administrative
proceeding for the award of child support, that the amount of the award which
would result from the application of the following guidelines is the correct
amount of child support to be awarded.
B. The Schedule of Basic Child Support Obligations assumes that all families
incur certain child-rearing expenses and includes in the basic child support
obligation an average amount to cover these expenses for various levels of the
parents' combined income and number of children, comprised of housing, food,
transportation, basic public educational expenses, clothing, and
entertainment.
Section 118A
As used in this act:
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 children
for whom the parent is legally responsible and is actually supporting, pursuant
to Section 4 of this act, 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 Obligations 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 medical insurance 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. "Noncustodial parent" means a parent who has physical custody of a child
one hundred eighty-two (182) days per year or less;
6. "Obligor" means the person who is required to make payments under an order
for support;
7. "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;
8. "Other contributions" means recurring monthly medical expenses and
visitation transportation costs that are not included in the current monthly
child support obligation;
9. "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;
10. "Parent" means an individual who has a parent-child relationship under
the Uniform Parentage Act;
11. "Parenting time adjustment" means an adjustment to the base child support
amount based upon parenting time; and
12. "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.
Section 118b
A. As used in this act:
1. "Gross income" includes earned and passive income from any source, except
as excluded in this section;
2. "Earned income" is defined as income received from labor or the sale of
goods or services and includes, but is not limited to, income from:
a. salaries,
b. wages,
c. tips
d. commissions,
e. bonuses,
f. severance pay,and
g. military pay, including hostile fire or imminent danger pay, combat pay,
family separation pay, or hardship duty location pay; and
3. "Passive income" is defined as all other income and includes, but is not
limited to, income from:
a. dividends,
b. pensions,
c. rent,
d. interest income,
e. trust income,
f. support alimony being received from someone other than the other parent in
this case,
g. annuities,
h. social security benefits,
i. workers' compensation benefits,
j. unemployment insurance benefits,
k. disability insurance benefits,
l. gifts,
m. prizes,
n. gambling winnings,
o. lottery winnings, and
p. royalties.
B. Income specifically excluded is:
1. Actual child support received for children not before the court;
2. Adoption Assistance subsidy paid by the Department of Human Services;
3. Benefits received from means-tested public assistance programs including,
but not limited to:
a. Temporary Assistance for Needy Families (TANF),
b. Supplemental Security Income (SSI),
c. Food Stamps, and
d. General Assistance and State Supplemental Payments for Aged, Blind and the Disabled;
4. The income of the child from any source, including, but not limited to,
trust income and social security benefits drawn on the disability of the child;
and
5. Payments received by the parent for the care of foster children.
C. 1. For purposes of computing gross income of the parents, gross income
shall include for each parent whichever is the most equitable of:
a. all actual monthly income described in this section, plus such overtime
and supplemental income as the court deems equitable,
b. the average of the gross monthly income for the time actually employed
during the previous three (3) years,
c. the minimum wage paid for a forty-hour week, or
d. gross monthly income imputed as set forth in subsection D of this
section.
2. If a parent is permanently physically or mentally incapacitated, the child
support obligation shall be computed on the basis of actual monthly gross
income.
D. Imputed income.
1. Instead of using the actual or average income of a parent, the court may
impute gross income to a parent under the provisions of this section if
equitable.
2. The following factors may be considered by the court when making a
determination of willful and voluntary underemployment or unemployment:
a. 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 and, to this end, whether the training or education will ultimately
benefit the child in the case immediately under consideration by increasing the
parent's level of support for that child in the future,
b. when there is no reliable evidence of income,
c. the past and present employment of the parent,
d. the education, training, and ability to work of the parent,
e. the lifestyle of the parent, including ownership of valuable assets and
resources, whether in the name of the parent or the current spouse of the
parent, that appears inappropriate or unreasonable for the income claimed by the
parent,
f. 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
g. any additional factors deemed relevant to the particular circumstances of
the case.
E. Self-employment income.
1. Income from self-employment includes income from, but not limited to,
business operations, work as an independent contractor or consultant, sales of
goods or services, and rental properties, less ordinary and reasonable expenses
necessary to produce such income.
2. A determination of business income for tax purposes shall not control for
purposes of determining a child support obligation. Amounts allowed by the
Internal Revenue Service for accelerated depreciation or investment tax credits
shall not be considered reasonable expenses.
3. The district or administrative court shall deduct from self-employment
gross income an amount equal to the employer contribution for F.I.C.A. tax which
an employer would withhold from an employee's earnings on an equivalent gross
income amount.
F. Fringe benefits.
1. Fringe benefits for inclusion as income or in-kind remuneration received
by a parent in the course of employment, or operation of a trade or business,
shall be counted as income if they significantly reduce personal living
expenses.
2. Such fringe benefits might include, but are not limited to, company car,
housing, or room and board.
3. Basic Allowance for Housing, Basic Allowance for Subsistence, and Variable
Housing Allowances for service members are considered income for the purposes of
determining child support.
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.
G. Social Security Title II benefits.
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.
2. Child support greater than social security benefit.
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.
3. Child support equal to or less than social security benefits.
a. If the child support award due after calculating the child support
guidelines is less than or equal to the social security benefit received on
behalf of the child, the child support obligation of that parent is met and no
additional child support amount must be paid by that parent.
b. Any social security benefit amounts which are greater than the support
ordered by the court shall be retained by the caretaker for the benefit of the
child and shall not be used as a reason for decreasing the child support order
or reducing arrearages.
c. The child support computation form shall include a notation regarding the
use of social security benefits as offset.
4. a. Calculation of child support as provided in subsection F of this
section shall be effective no earlier than the date on which the motion to
modify was filed.
b. The court may determine if, under the circumstances of the case, it is
appropriate to credit social security benefits paid to the custodial person
prior to a modification of child support against the past-due child support
obligation of the noncustodial parent.
c. The noncustodial parent shall not receive credit for any social security
benefits paid directly to the child.
d. Any credit granted by the court pursuant to subparagraph b of this
paragraph shall be limited to the time period during which the social security
benefit was paid, or the time period covered by a lump sum for past social
security benefits.
Section 118c
A. Deductions for other children of either parent who are qualified under
this section may be considered by the court for the purpose of reducing the
gross income of the parent. Adjustments are available for a child:
1. Who is the biological, legal, or adopted child of the parent;
2. Who was born prior to the child in the case under consideration;
3. Whom the parent is actually supporting; and
4. Who is not before the court to set, modify, or enforce support in the case
immediately under consideration.
B. Children for whom support is being determined in the case under
consideration, stepchildren, and other minors in the home that the parent has no
legal obligation to support shall not be considered in the calculation of this
deduction.
C. If the court finds a parent has a parent-child relationship with a child
not before the court, the court may grant a deduction for that child as set
forth in subsection D of this section.
D. Calculation of deduction for qualified other children.
1. Out-of-home children.
a. To receive a deduction against gross income for child support provided
pursuant to a court order for qualified other children whose primary residence
is not in the home of the parent seeking deduction, the parent shall establish
the existence of a support order and provide documented proof of support paid
for the other child consistently over a reasonable and extended period of time
prior to the initiation of the proceeding that is immediately under
consideration by the tribunal, but in any event, such time period shall not be
less than twelve (12) months.
b. Documented proof of support includes:
(1) physical evidence of monetary payments to the caretaker of the child,
such as canceled checks or money orders, and
(2) evidence of payment of child support under another child support order,
such as a payment history from a tribunal clerk or child support office or from
the Internet child support payment history of the Department of Human
Services.
c. The available deduction against gross income for either parent's qualified
children not in the home of the parent is the actual documented court-ordered
current monthly child support obligation of the qualified other children,
averaged to a monthly amount of support paid over the most recent twelve-month
period.
2. In-home children.
a. To receive a deduction against gross income for qualified prior-born other
children whose primary residence is with the parent seeking deduction, but who
are not part of the case being determined, the parent must establish a legal
duty of support and that the child resides with the parent more than fifty
percent (50%) of the time. Documents that may be used to establish that the
parent and child share the same residence include the school or medical records
showing the address of the child and the utility bills of the parents mailed to
the same address, court orders reflecting the parent is the primary residential
parent or that the parent shares the parenting time of the child fifty percent
(50%) of the time.
b. The deduction for other qualified children shall be computed as a
hypothetical child support order calculated using the deduction worksheet, the
gross income of the parents, the total number of qualified other children living
in the home of the parent, and the Child Support Guideline Schedule. The
deduction worksheet shall be prepared by the Department of Human Services and
shall be published by the Administrative Office of the Courts.
c. The available deduction against gross income for the qualified in-home
children of either parent is seventy-five percent (75%) of a hypothetical
support order calculated according to these Guidelines, using the Deduction
Worksheet, the gross income of the parent less any self-employment taxes paid,
the total number of qualified other children living in the home of the parents,
and the Child Support Guideline Schedule.
Section 118d
A. All child support shall be computed as a percentage of the combined gross
income of both parents. The Child Support Guideline Schedule as provided in
Section 119 of Title 43 of the Oklahoma Statutes shall be used for such
computation. The child support obligation of each parent shall be computed. The
share of the obligor shall be paid monthly to the obligee and shall be due on a
specific date.
B. In cases in which one parent has sole physical custody, the adjusted
monthly gross income of both parents shall be added together and the Child
Support Guideline Schedule consulted for the total combined base monthly
obligation for child support.
C. After the total combined child support is determined, the percentage share
of each parent shall be allocated by computing the percentage contribution of
each parent to the combined adjusted gross income and allocating that same
percentage to the child support obligation to determine the base child support
obligation of each parent.
D. 1. In cases of split physical custody, where each parent is awarded
physical custody of at least one of the children for whom the parents are
responsible, the child support obligation for each parent shall be calculated by
application of the child support guidelines for each custodial arrangement.
2. The parent with the larger child support obligation shall pay the
difference between the two amounts to the parent with the smaller child support
obligation.
E. Child support shall be computed as set forth in subsections A through D of
this section in every case, regardless of whether the custodial arrangement is
designated as sole custody or joint custody.
F. The court, to the extent reasonably possible, shall make provision in an
order for prospective adjustment of support to address any foreseen changes
including, but not limited to, changes in medical insurance, child care
expenses, medical expenses, extraordinary costs, and the satisfaction of jointly
acquired debt of the parents used as a deduction from the gross income of a
parent.
G. Transportation expenses of a child between the homes of the parents may be
divided between the parents in proportion to their adjusted gross income, so
long as the payment of such expenses does not significantly reduce the ability
of the custodial parent to provide for the basic needs of the child.
H. The social security numbers of both parents and the children who are the
subject of a paternity or child support order shall be included in the support
order summary form provided for in Section 120 of Title 43 of the Oklahoma
Statutes.
I. A completed support order summary form shall be presented to the judge
with all paternity and child support orders where the Department of Human
Services is not a necessary party pursuant to Section 112 of Title 43 of the
Oklahoma Statutes. No such order shall be signed by the judge without
presentation of the form.
Section 118E
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:
a. one hundred twenty-one (121) overnights to one hundred thirty-one (131)
overnights, the factor shall be two (2),
b. one hundred thirty-two (132) overnights to one hundred forty-three (143)
overnights, the factor shall be one and three-quarters (1.75), or
c. one hundred forty-four (144) or more overnights, the factor shall be one
and one-half (1.5).
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).
b. The share of the adjusted combined child support obligation for each
parent shall then be multiplied by the percentage of time the child spends with
the other parent to determine the base child support obligation owed to the
other parent.
c. The respective adjusted base child support obligations for each parent are
then offset, with the parent owing more base child support paying the difference
between the two amounts to the other parent. The base child support obligation
of the parent owing the lesser amount is then set at zero dollars ($0.00).
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.
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
months. No retroactive modification or credit from the child support guidelines
amount shall be granted based on this section.
Section 118f
A. The court shall enter a medical support order in any case in which an
ongoing child support order is entered or modified. Medical support, for the
purpose of this section, is defined as health insurance, cash medical support,
or a combination of both.
1. "Health insurance" includes:
a. fee for service,
b. health maintenance organization,
c. preferred provider organization, and
d. other types of coverage, including, but not limited to, Indian Health
Services or Defense Eligibility Enrollment Reporting System (DEERS), which is
available to either parent under which medical services could be provided to the
dependent children.
2. "Cash medical support" means:
a. an amount ordered to be paid toward the cost of health coverage provided
by a public entity or by a person other than the parents through employment or
otherwise, or
b. fixed periodic payments for ongoing medical costs.
B. In entering a temporary order, the court shall order that any health
insurance coverage in effect for the child continue in effect pending the
entering of a final order, unless the court finds that the existing health
insurance coverage is not reasonable in cost or is not accessible as defined in
subsection D of this section. If there is no health insurance coverage in effect
for the child or if the insurance in effect is not available at a reasonable
cost or is not accessible, the court shall order health care coverage for the
child as provided in this subsection, unless the court makes a written finding
that good cause exists not to enter a temporary medical support order.
C. On entering a final order, the court shall:
1. Make specific orders with respect to the manner in which health care
coverage is to be provided for the child, in accordance with the priorities
identified in subsection F of this section; and
2. Require the parent ordered to provide health care coverage for the child
as provided under this section to produce evidence to the court's satisfaction
that the parent has applied for or secured health insurance or has otherwise
taken necessary action to provide for health care coverage for the child, as
ordered by the court.
D. When the court enters a medical support order, the medical support order
must be reasonable in cost and accessible.
1. "Reasonable in cost" means that the actual premium cost paid by the
insured does not exceed five percent (5%) of the gross income of the responsible
parent. To calculate the actual premium cost of the health insurance, the court
shall:
a. deduct from the total insurance premium the cost of coverage for the
parent and any other adults in the household,
b. divide the remainder by the number of dependent children being covered,
and
c. multiply the amount per child by the number of children in the child
support case under consideration.
2. "Accessible health insurance" means that:
a. there are available providers appropriate to meet the primary individual
health care needs of the children no more than sixty (60) miles one way from the
primary residence of the children.
b. If a parent has available health coverage which includes an option that
would be accessible to the child, but the parent has not currently enrolled in
that option, the court may require the parent to change existing coverage to an
option that is accessible to the child.
3. If the parties agree or the court finds good cause exists, the court may
order medical coverage in excess of the five percent (5%) cost standard or the
sixty-mile distance standard.
E. The court shall consider the cost and quality of health insurance coverage
available to the parties and shall give priority to health insurance coverage
available through the employment of one of the parties if the coverage meets the
standards in subsection D of this section. If both parents have coverage
available, the court shall give priority to the preference of the custodial
person.
F. In determining the manner in which health care coverage for the child is
to be ordered, the court shall enter an order in accordance with the following
priorities and subsection D of this section, unless a party shows good cause why
a particular order would not be in the best interest of the child:
1. If health insurance is available for the child through the employment of a
parent or membership in a union, trade association, or other organization, the
court shall order that parent to enroll the child in the health insurance of the
parent;
2. If health insurance is not available for the child under paragraph 1 of
this subsection but is available to a parent from another source, the court may
order that parent to provide health insurance for the child;
3. If the court finds that neither parent has access to private health
insurance at a reasonable cost, the court shall order the parent awarded the
exclusive right to designate the child's primary residence or, to the extent
permitted by law, the other parent to apply immediately on behalf of the child
for participation in a government medical assistance program or health plan. If
the child participates in a government medical assistance program or health
plan, the court shall order cash medical support under paragraph 4 of this
subsection, in accordance with rules promulgated by the Oklahoma Health Care
Authority and the Oklahoma Department of Human Services;
4. Cash medical support.
a. If health insurance coverage is not available for the child under
paragraph 1 or 2 of this subsection, the court shall determine the amount to be
treated as the actual monthly medical costs for the child and order the obligor
to pay, in addition to the obligors current child support obligation, an amount
as cash medical support for the child.
b. The cash medical support order shall not exceed the pro rata share of the
actual monthly medical expenses paid for the child, or five percent (5%) of the
gross monthly income of the obligor, whichever is less.
c. (1) In determining the actual monthly medical costs for the child, the
court shall determine:
(a) for children who are participating in a government medical assistance
program or health plan, an amount consistent with rules promulgated by the
Oklahoma Health Care Authority determining the rates established for the cost of
providing medical care through a government medical assistance program or health
plan, or
(b) for children who are not participating in a government medical assistance
program or health plan, an amount consistent with rules promulgated by the
Department of Human Services determining the average monthly cost of health care
for uninsured children.
(2) The court may also consider:
(a) proof of past medical expenses incurred by either parent for the
child,
(b) the current state of the health of the child, and
(c) any medical conditions of the child that would result in an increased
monthly medical cost.
G. An order requiring the payment of cash medical support under paragraph 4
of subsection F of this section must allow the obligor to discontinue payment of
the cash medical support if:
1. Health insurance for the child becomes available to the obligor at a
reasonable cost; and
2. The obligor:
a. enrolls the child in the insurance plan, and
b. provides the obligee and, in a Title IV-D case, the Title IV-D agency, the
information required under paragraph 2 of subsection C of this section.
H. 1. The actual health insurance premium for the child shall be allocated
between the parents in the same proportion as their adjusted gross income and
shall be added to the base child support obligation.
2. If the obligor pays the health insurance premium, the obligor shall
receive credit against the base child support obligation for the allocated share
of the health insurance premium for which the obligee is responsible.
3. If the obligee pays the health insurance premium, the obligor shall pay
the allocated share of the health insurance premium to the obligee in addition
to the base child support obligation.
4. The parent providing the health insurance coverage shall furnish to the
other parent and to the Child Support Enforcement Division of the Department of
Human Services, if services are being provided pursuant to Title IV, Part D of
the Social Security Act, 42 U.S.C. Section 601 et seq., with timely written
documentation of any change in the amount of the health insurance cost premium,
carrier, or benefits within thirty (30) days of the date of the change. Upon
receiving timely notification of the change of cost, the other parent is
responsible for his or her percentage share of the changed cost of the health
insurance.
5. If the court finds that the obligor has underpaid child support due to
changes in the cost of health insurance, the amount of underpayment may
established by the court and enforced in the same manner as any other delinquent
child support judgment. If the court finds that the obligor has overpaid due to
changes in health insurance coverage cost, the overpayment shall be
satisfied:
a. by offset against any past-due child support owed to the obligee, or
b. by adjustment to the future child support amount over a thirty-six-month
period.
I. Reasonable and necessary medical, dental, orthodontic, optometric,
psychological, or any other physical or mental health expenses of the child
incurred by either parent and not paid or reimbursed by insurance or included in
a cash medical support order pursuant to paragraph 4 of subsection F of this
section shall be allocated in the same proportion as the adjusted gross income
of the parents as separate items that are not added to the base child support
obligation. If reimbursement is required, the parent who incurs the expense
shall provide the other parent with proof of the expense within forty-five (45)
days of receiving the Explanation of Benefits from the insurance provider or
other proof of the expense if the expense is not covered by insurance. The
parent responsible for reimbursement shall pay his or her portion of the expense
within forty-five (45) days of receipt of documentation of the expense.
J. In addition to any other sanctions ordered by the court, a parent
incurring uninsured dependent health expenses or increased insurance premiums
may be denied the right to receive credit or reimbursement for the expense or
increased premium if that parent fails to comply with subsections H and I of
this section.
K. The parent desiring an adjustment to the ongoing child support order due
to a change in the amount of dependent health insurance premium shall initiate a
review of the order in accordance with Section 10 of this act.
Section 118G
A. The district or administrative court shall determine the actual annualized
child care expenses reasonably necessary to enable either or both parents
to:
1. Be employed;
2. Seek employment; or
3. Attend school or training to enhance employment income.
B. When a parent is participating in the Department of Human Services child
care subsidy program as provided under Section 230.50 of Title 56 of the
Oklahoma Statutes, the Child Care Eligibility/Rates Schedule established by the
Department shall be used to determine the amount to be treated as actual child
care costs incurred. When applying the schedule to determine the family share
copayment amount, the share of the base monthly obligation for child support of
the non-responsible parent and the gross income of the obligee shall be
considered as the monthly income of the obligee. The actual child care costs
incurred shall be the family share copayment amount indicated on the schedule
which shall be allocated and paid monthly in the same proportion as base child
support. The Department of Human Services shall promulgate rules, as necessary,
to implement the provisions of this section.
C. The actual annualized child care costs incurred for the purposes
authorized by this section shall be allocated and added to the base child
support order, and shall be part of the final child support order.
D. The district or administrative court shall require the parent incurring
child care expenses to notify the obligor within forty-five (45) days of any
change in the amount of the child care costs that would affect the annualized
child care amount as determined in the order.
E. A parent may be allowed to provide child care incurred during employment,
employment search, or while the other parent is attending school or training if
the court determines it would lead to a significant reduction in the actual
annualized child care cost.
Section 118H
A. No deviation in the amount of the child support obligation shall be made
which seriously impairs the ability of the obligee in the case under
consideration to maintain minimally adequate housing, food, and clothing for the
children being supported by the order or to provide other basic necessities, as
determined by the court.
B. 1. The district or administrative court may deviate from the amount of
child support indicated by the child support guidelines if the deviation is in
the best interests of the child, and:
2. a. the amount of support so indicated is unjust or inappropriate under the
circumstances,
b. the parties are represented by counsel and have agreed to a different
disposition, or
c. one party is represented by counsel and the deviation benefits the
unrepresented party.
C. If the district or administrative court deviates from the amount of child
support indicated by the child support guidelines, the court shall make specific
findings of fact supporting such action. The findings of fact shall include:
1. The reasons the court deviated from the presumptive amount of child
support that would have been paid pursuant to the guidelines,
2. The amount of child support that would have been required under the
guidelines if the presumptive amount had not been rebutted, and
3. A finding by the court that states how, in its determination:
a. the best interests of the child who is subject to the support award
determination are served by deviation from the presumptive guideline amount,
and
b. application of the guidelines would be unjust or inappropriate in the
particular case before the tribunal.
D. In instances of extreme economic hardship, deviation from the guidelines
may be considered when the court finds the deviation is supported by the
evidence and is not detrimental to the best interests of the child before the
court.
E. If a parent is residing with a child with extraordinary medical needs not
covered by insurance or other special needs, the court must consider all
resources available for meeting such needs, including those available from
public agencies and other responsible adults.
F. In cases where the child is in the legal custody of the Department of
Human Services, the child protection or foster care agency of another state or
territory, or any other child-caring entity, public or private, the court may
consider a deviation from the presumptive child support order if the deviation
will assist in accomplishing a permanency plan or foster care plan for the child
that has a goal of returning the child to the parent, and the parents need to
establish an adequate household or to otherwise adequately prepare herself or
himself for the return of the child clearly justifies a deviation for this
purpose.
G. Extraordinary educational expenses.
1. Extraordinary educational expenses may be added to the presumptive child
support as a deviation. Extraordinary educational expenses include, but are not
limited to, tuition, room and board, books, fees, and other reasonable and
necessary expenses associated with special needs education for a child with a
disability under the Individuals with Disabilities Educational Act that are
appropriate to the financial abilities of the parent.
2. In determining the amount of deviation for extraordinary educational
expenses, scholarships, grants, stipends, and other cost-reducing programs
received by or on behalf of the child shall be considered.
H. Special expenses.
1. Special expenses incurred for child rearing which can be quantified may be
added to the child support obligation as a deviation from the Current Monthly
Child Support Obligation. Such expenses include, but are not limited to, private
school tuition, camp, music or art lessons, travel, school-sponsored
extra-curricular activities, such as band, clubs, and athletics, and other
activities intended to enhance the athletic, social or cultural development of a
child, but that are not otherwise required to be used in calculating the child
support order as are health insurance premiums and work-related child care
costs.
2. Some factors the court may consider in determining whether to deviate for
such extraordinary expenses include: a history of expenditure for such
activities, the financial ability of the parents to provide such activities, and
that the child has exhibited an extraordinary aptitude for the activity.
3. In determining the amount of deviation for extraordinary educational
expenses, scholarships, grants, stipends, and other cost-reducing programs
received by or on behalf of the child shall be considered.
Section 118i
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,
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.
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 upon the date the motion to
modify was filed, unless the parties agree to the contrary 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 Title 43 of the Oklahoma
Statutes.
b. The standard modification forms and the standard child support computation
form shall be submitted to the district or administrative court. The court shall
review the modification forms to confirm that the child support obligation
complies with the child support guidelines and that all necessary parties
pursuant to Section 112 of Title 43 of the Oklahoma Statutes have been notified.
If the court approves the modification forms, they shall be filed with the
court.
Section 118.1
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,
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.
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 upon the date the motion to
modify was filed, unless the parties agree to the contrary 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 Title 43 of the Oklahoma
Statutes.
b. The standard modification forms and the standard child support computation
form shall be submitted to the district or administrative court. The court shall
review the modification forms to confirm that the child support obligation
complies with the child support guidelines and that all necessary parties
pursuant to Section 112 of Title 43 of the Oklahoma Statutes have been notified.
If the court approves the modification forms, they shall be filed with the
court.
Section 118.2
A. When a parent is required by a court or administrative order to provide
health coverage which is available through an employer doing business in this
state, the employer is required:
1. To permit the parent to enroll under family coverage any child who is
otherwise eligible for coverage without regard to any enrollment season
restrictions;
2. To enroll the child under family coverage and to deduct the employee’s
cost of the coverage from the employee's wages. The enrollment shall be made
upon application to the employer by the child's custodial person, by the state
agency administering the Medicaid program or the state agency administering the
child support program under Title IV-D of the Social Security Act;
3. Not to disenroll or eliminate coverage of a child unless the employer is
provided satisfactory written evidence that:
a. the court order is no longer in effect,
b. the child is or will be enrolled in comparable coverage which will take
effect no later than the effective date of disenrollment, or
c. the employer has eliminated family health coverage for all of its
employees;
4. Upon request, to provide complete information to the custodial person, the
state agency administering the Medicaid program or the state agency
administering the child support program under Title IV-D of the Social Security
Act regarding any insurance benefits to which the child is entitled, and any
forms, publications, or documents necessary to apply for or to utilize the
benefits;
5. Permit the custodial person, the designated agency administering the State
Medicaid Program, or the provider with approval, to submit claims for covered
services without the approval of the noncustodial parent; and
6. Make payments on claims submitted in accordance with paragraph 5 of this
subsection directly to the custodial person, the designated agency administering
the State Medicaid Program, or the provider.
B. If child support services are being provided under the state child support
plan as provided under Section 237 of Title 56 of the Oklahoma Statutes, the
Child Support Enforcement Division shall notify the parent’s employer to enroll
the child in health care coverage available under the employer’s plan by sending
the employer a National Medical Support Notice issued pursuant to Section
466(a)(19) of the Social Security Act, and Section 609(a)(5)(C) of the Employee
Retirement Income Security Act of 1974. The employer shall comply with the
National Medical Support Notice. The employer may be fined up to Two Hundred
Dollars ($200.00) per month per child for each failure to comply with the
requirements of the National Medical Support Notice. Fines collected shall be
remitted to the Child Support Revenue Enhancement Fund created pursuant to
Section 225 of Title 56 of the Oklahoma Statutes.
C. An employer may not be fined under this section where an employee fails to
contribute his or her portion of a health insurance premium.
D. The Department of Human Services shall promulgate rules as necessary to
implement the provisions of this section.
Section 118.3
On or after April
15th of each year, the obligor or obligee may make a written request to the
other party for the other party's previous tax year W-2 forms, 1099 form, or
other wage and tax information. This request shall be served upon the other
party in the same manner prescribed for the service of summons in a civil
action, and the original request shall be filed in the court file. The party
receiving such a written request shall provide the requesting party a copy of
the requested information by certified mail within ten (10) days of receiving
the written request. If a motion to modify child support is subsequently filed
by the requesting party, and it is shown to the court that the non-moving party
failed to comply with this section, the court may award the moving party his or
her attorneys fees and costs incurred as a result of the failure to provide
requested information.
Section 118.4
A. Child support or any claim thereto shall not be directly or indirectly
assigned, except as provided in subsection B of this section and in subsection C
of Section 237 of Title 56 of the Oklahoma Statutes. Any assignment of child
support to the Department of Human Services shall have first priority over any
prior or subsequent assignment.
B. Child support may be assigned to an attorney for the purpose of providing
legal representation in child support proceedings. The assignment shall be
consistent with the Oklahoma Rules of Professional Conduct and shall not exceed
fifty percent (50%) of the net amount of the child support collected and
remitted to the obligee.
Section 118.5
A. Child support shall be
computed in accordance with the following Child Support Guideline
Schedule:
SCHEDULE OF BASIC
CHILD SUPPORT OBLIGATIONS
|
If Combined
Gross
Monthly
Income
is equal to
or above |
_________
One
Child
|
________
Two Children
|
Total
Three
Children
|
Support
Four
Children
|
Amount
Five
Children
|
________
Six Children or More
|
50
|
50 |
50 |
50 |
50 |
50 |
50 |
650 |
50 |
50 |
50 |
88 |
118 |
141 |
|
700 |
50 |
50 |
101 |
122 |
154 |
176 |
|
750 |
61 |
107 |
132 |
156 |
198 |
207 |
|
800 |
94 |
141 |
165 |
190 |
239 |
242 |
|
850 |
127 |
174 |
199 |
224 |
274 |
276 |
|
900 |
159 |
207 |
232 |
258 |
308 |
311 |
|
950 |
192 |
240 |
265 |
291 |
342 |
345 |
|
1,000 |
206 |
272 |
298 |
325 |
375 |
379 |
|
1,050 |
215 |
305 |
332 |
359 |
409 |
414 |
|
1,100 |
224 |
326 |
365 |
392 |
443 |
448 |
|
1,150 |
232 |
338 |
397 |
425 |
476 |
481 |
|
1,200 |
241 |
351 |
415 |
458 |
497 |
515 |
|
1,250 |
249 |
363 |
430 |
475 |
515 |
551 |
|
1,300 |
257 |
375 |
443 |
490 |
531 |
568 |
|
1,350 |
265 |
386 |
457 |
504 |
547 |
585 |
|
1,400 |
273 |
397 |
470 |
519 |
562 |
602 |
|
1,450 |
280 |
408 |
483 |
533 |
578 |
618 |
|
1,500 |
288 |
419 |
496 |
548 |
594 |
635 |
|
1,550 |
296 |
430 |
509 |
562 |
609 |
652 |
|
1,600 |
304 |
442 |
522 |
576 |
625 |
669 |
|
1,650 |
312 |
453 |
535 |
591 |
640 |
685 |
|
1,700 |
319 |
464 |
548 |
605 |
656 |
702 |
|
1,750 |
327 |
475 |
561 |
620 |
672 |
719 |
|
1,800 |
335 |
486 |
574 |
634 |
687 |
735 |
|
1,850 |
343 |
497 |
587 |
648 |
703 |
752 |
|
1,900 |
351 |
509 |
600 |
663 |
718 |
769 |
|
1,950 |
358 |
520 |
613 |
677 |
734 |
785 |
|
2,000 |
366 |
531 |
626 |
691 |
750 |
802 |
|
2,050 |
374 |
542 |
639 |
706 |
765 |
819 |
|
2,100 |
382 |
554 |
652 |
720 |
781 |
835 |
|
2,150 |
390 |
565 |
665 |
735 |
796 |
852 |
|
2,200 |
398 |
576 |
678 |
749 |
812 |
869 |
|
2,250 |
406 |
587 |
691 |
763 |
828 |
886 |
|
2,300 |
414 |
599 |
704 |
778 |
843 |
902 |
|
2,350 |
422 |
610 |
717 |
792 |
859 |
919 |
|
2,400 |
430 |
621 |
730 |
807 |
874 |
936 |
|
2,450 |
437 |
632 |
743 |
821 |
890 |
952 |
|
2,500 |
445 |
643 |
755 |
835 |
905 |
968 |
|
2,550 |
451 |
653 |
768 |
848 |
919 |
984 |
|
2,600 |
458 |
663 |
780 |
862 |
934 |
1,000 |
|
2,650 |
465 |
673 |
792 |
875 |
949 |
1,015 |
|
2,700 |
472 |
683 |
804 |
888 |
963 |
1,030 |
|
2,750 |
477 |
691 |
814 |
900 |
975 |
1,043 |
|
2,800 |
483 |
700 |
824 |
911 |
987 |
1,056 |
|
2,850 |
489 |
708 |
834 |
922 |
999 |
1,069 |
|
2,900 |
494 |
716 |
844 |
933 |
1,011 |
1,082 |
|
2,950 |
500 |
725 |
854 |
944 |
1,023 |
1,095 |
|
3,000 |
505 |
733 |
864 |
955 |
1,035 |
1,107 |
|
3,050 |
511 |
741 |
874 |
966 |
1,047 |
1,120 |
|
3,100 |
517 |
749 |
884 |
977 |
1,059 |
1,133 |
|
3,150 |
521 |
756 |
892 |
986 |
1,069 |
1,143 |
|
3,200 |
525 |
761 |
897 |
992 |
1,075 |
1,150 |
|
3,250 |
528 |
766 |
903 |
998 |
1,081 |
1,157 |
|
3,300 |
532 |
771 |
908 |
1,003 |
1,088 |
1,164 |
|
3,350 |
535 |
776 |
913 |
1,009 |
1,094 |
1,170 |
|
3,400 |
539 |
780 |
919 |
1,015 |
1,100 |
1,177 |
|
3,450 |
543 |
785 |
924 |
1,021 |
1,107 |
1,184 |
|
3,500 |
546 |
790 |
929 |
1,027 |
1,113 |
1,191 |
|
3,550 |
550 |
795 |
935 |
1,033 |
1,119 |
1,198 |
|
3,600 |
553 |
800 |
940 |
1,039 |
1,126 |
1,205 |
|
3,650 |
557 |
805 |
945 |
1,045 |
1,132 |
1,211 |
|
3,700 |
560 |
809 |
951 |
1,050 |
1,139 |
1,218 |
|
3,750 |
564 |
814 |
956 |
1,056 |
1,145 |
1,225 |
|
3,800 |
567 |
819 |
961 |
1,062 |
1,151 |
1,232 |
|
3,850 |
571 |
824 |
966 |
1,068 |
1,158 |
1,239 |
|
3,900 |
574 |
828 |
972 |
1,074 |
1,164 |
1,245 |
|
3,950 |
577 |
832 |
977 |
1,079 |
1,170 |
1,252 |
|
4,000 |
580 |
837 |
982 |
1,085 |
1,176 |
1,258 |
|
4,050 |
583 |
841 |
987 |
1,090 |
1,182 |
1,265 |
|
4,100 |
586 |
845 |
992 |
1,096 |
1,188 |
1,271 |
|
4,150 |
589 |
850 |
997 |
1,102 |
1,194 |
1,278 |
|
4,200 |
592 |
854 |
1,002 |
1,107 |
1,200 |
1,284 |
|
4,250 |
595 |
859 |
1,007 |
1,113 |
1,206 |
1,291 |
|
4,300 |
598 |
863 |
1,012 |
1,119 |
1,213 |
1,297 |
|
4,350 |
601 |
867 |
1,017 |
1,124 |
1,219 |
1,304 |
|
4,400 |
604 |
872 |
1,023 |
1,130 |
1,225 |
1,311 |
|
4,450 |
607 |
876 |
1,028 |
1,136 |
1,231 |
1,317 |
|
4,500 |
610 |
880 |
1,033 |
1,141 |
1,237 |
1,324 |
|
4,550 |
613 |
885 |
1,038 |
1,147 |
1,243 |
1,330 |
|
4,600 |
617 |
890 |
1,044 |
1,154 |
1,250 |
1,338 |
|
4,650 |
622 |
897 |
1,052 |
1,162 |
1,260 |
1,348 |
|
4,700 |
626 |
903 |
1,059 |
1,171 |
1,269 |
1,358 |
|
4,750 |
631 |
910 |
1,067 |
1,179 |
1,278 |
1,368 |
|
4,800 |
636 |
916 |
1,075 |
1,188 |
1,287 |
1,377 |
|
4,850 |
640 |
923 |
1,082 |
1,196 |
1,296 |
1,387 |
|
4,900 |
645 |
930 |
1,090 |
1,205 |
1,306 |
1,397 |
|
4,950 |
650 |
936 |
1,098 |
1,213 |
1,315 |
1,407 |
|
5,000 |
654 |
943 |
1,105 |
1,222 |
1,324 |
1,417 |
|
5,050 |
659 |
950 |
1,113 |
1,230 |
1,333 |
1,427 |
|
5,100 |
664 |
956 |
1,121 |
1,239 |
1,343 |
1,437 |
|
5,150 |
668 |
963 |
1,129 |
1,247 |
1,352 |
1,446 |
|
5,200 |
673 |
969 |
1,136 |
1,256 |
1,361 |
1,456 |
|
5,250 |
678 |
976 |
1,144 |
1,264 |
1,370 |
1,466 |
|
5,300 |
682 |
982 |
1,151 |
1,272 |
1,379 |
1,475 |
|
5,350 |
686 |
987 |
1,157 |
1,279 |
1,386 |
1,483 |
|
5,400 |
689 |
992 |
1,163 |
1,285 |
1,393 |
1,490 |
|
5,450 |
692 |
997 |
1,168 |
1,291 |
1,400 |
1,498 |
|
5,500 |
696 |
1,002 |
1,174 |
1,297 |
1,406 |
1,505 |
|
5,550 |
699 |
1,007 |
1,180 |
1,304 |
1,413 |
1,512 |
|
5,600 |
703 |
1,012 |
1,185 |
1,310 |
1,420 |
1,519 |
|
5,650 |
706 |
1,017 |
1,191 |
1,316 |
1,427 |
1,527 |
|
5,700 |
709 |
1,022 |
1,197 |
1,322 |
1,433 |
1,534 |
|
5,750 |
713 |
1,027 |
1,203 |
1,329 |
1,441 |
1,542 |
|
5,800 |
717 |
1,032 |
1,209 |
1,336 |
1,448 |
1,550 |
|
5,850 |
721 |
1,038 |
1,216 |
1,343 |
1,456 |
1,558 |
|
5,900 |
724 |
1,043 |
1,222 |
1,350 |
1,464 |
1,566 |
|
5,950 |
728 |
1,049 |
1,228 |
1,357 |
1,471 |
1,574 |
|
6,000 |
732 |
1,054 |
1,234 |
1,364 |
1,479 |
1,582 |
|
6,050 |
736 |
1,060 |
1,241 |
1,371 |
1,487 |
1,591 |
|
6,100 |
741 |
1,067 |
1,249 |
1,380 |
1,496 |
1,601 |
|
6,150 |
746 |
1,074 |
1,257 |
1,389 |
1,506 |
1,612 |
|
6,200 |
751 |
1,081 |
1,266 |
1,398 |
1,516 |
1,622 |
|
6,250 |
756 |
1,088 |
1,274 |
1,407 |
1,526 |
1,633 |
|
6,300 |
761 |
1,095 |
1,282 |
1,417 |
1,536 |
1,643 |
|
6,350 |
765 |
1,102 |
1,290 |
1,426 |
1,545 |
1,653 |
|
6,400 |
770 |
1,109 |
1,298 |
1,435 |
1,555 |
1,664 |
|
6,450 |
775 |
1,116 |
1,306 |
1,444 |
1,565 |
1,674 |
|
6,500 |
780 |
1,123 |
1,315 |
1,453 |
1,575 |
1,685 |
|
6,550 |
785 |
1,130 |
1,323 |
1,462 |
1,584 |
1,695 |
|
6,600 |
790 |
1,137 |
1,331 |
1,471 |
1,594 |
1,706 |
|
6,650 |
795 |
1,144 |
1,339 |
1,480 |
1,604 |
1,716 |
|
6,700 |
800 |
1,151 |
1,347 |
1,489 |
1,614 |
1,727 |
|
6,750 |
805 |
1,158 |
1,355 |
1,498 |
1,623 |
1,737 |
|
6,800 |
810 |
1,165 |
1,364 |
1,507 |
1,633 |
1,748 |
|
6,850 |
815 |
1,172 |
1,372 |
1,516 |
1,643 |
1,758 |
|
6,900 |
819 |
1,179 |
1,380 |
1,525 |
1,653 |
1,768 |
|
6,950 |
824 |
1,186 |
1,388 |
1,534 |
1,663 |
1,779 |
|
7,000 |
829 |
1,193 |
1,396 |
1,543 |
1,672 |
1,789 |
|
7,050 |
834 |
1,200 |
1,404 |
1,552 |
1,682 |
1,800 |
|
7,100 |
838 |
1,206 |
1,411 |
1,560 |
1,691 |
1,809 |
|
7,150 |
842 |
1,211 |
1,418 |
1,567 |
1,698 |
1,817 |
|
7,200 |
846 |
1,217 |
1,424 |
1,574 |
1,706 |
1,825 |
|
7,250 |
850 |
1,222 |
1,430 |
1,581 |
1,713 |
1,833 |
|
7,300 |
853 |
1,228 |
1,437 |
1,588 |
1,721 |
1,842 |
|
7,350 |
857 |
1,233 |
1,443 |
1,595 |
1,729 |
1,850 |
|
7,400 |
861 |
1,238 |
1,450 |
1,602 |
1,736 |
1,858 |
|
7,450 |
864 |
1,244 |
1,456 |
1,609 |
1,744 |
1,866 |
|
7,500 |
868 |
1,249 |
1,462 |
1,616 |
1,751 |
1,874 |
|
7,550 |
872 |
1,254 |
1,469 |
1,623 |
1,759 |
1,882 |
|
7,600 |
875 |
1,260 |
1,475 |
1,630 |
1,767 |
1,890 |
|
7,650 |
879 |
1,265 |
1,481 |
1,637 |
1,774 |
1,899 |
|
7,700 |
883 |
1,270 |
1,488 |
1,644 |
1,782 |
1,907 |
|
7,750 |
887 |
1,276 |
1,494 |
1,651 |
1,790 |
1,915 |
|
7,800 |
890 |
1,281 |
1,500 |
1,658 |
1,797 |
1,923 |
|
7,850 |
894 |
1,287 |
1,507 |
1,665 |
1,805 |
1,931 |
|
7,900 |
898 |
1,292 |
1,513 |
1,672 |
1,812 |
1,939 |
|
7,950 |
901 |
1,297 |
1,519 |
1,679 |
1,820 |
1,947 |
|
8,000 |
905 |
1,303 |
1,526 |
1,686 |
1,828 |
1,955 |
|
8,050 |
909 |
1,308 |
1,532 |
1,693 |
1,835 |
1,964 |
|
8,100 |
912 |
1,313 |
1,538 |
1,700 |
1,843 |
1,972 |
|
8,150 |
916 |
1,319 |
1,545 |
1,707 |
1,850 |
1,980 |
|
8,200 |
920 |
1,324 |
1,551 |
1,714 |
1,858 |
1,988 |
|
8,250 |
924 |
1,330 |
1,557 |
1,721 |
1,866 |
1,996 |
|
8,300 |
927 |
1,335 |
1,564 |
1,728 |
1,873 |
2,004 |
|
8,350 |
931 |
1,340 |
1,570 |
1,735 |
1,881 |
2,012 |
|
8,400 |
935 |
1,346 |
1,577 |
1,742 |
1,888 |
2,021 |
|
8,450 |
938 |
1,351 |
1,583 |
1,749 |
1,896 |
2,029 |
|
8,500 |
943 |
1,357 |
1,590 |
1,757 |
1,905 |
2,038 |
|
8,550 |
949 |
1,363 |
1,597 |
1,765 |
1,913 |
2,047 |
|
8,600 |
954 |
1,369 |
1,605 |
1,773 |
1,922 |
2,057 |
|
8,650 |
959 |
1,375 |
1,612 |
1,781 |
1,931 |
2,066 |
|
8,700 |
964 |
1,381 |
1,619 |
1,789 |
1,939 |
2,075 |
|
8,750 |
969 |
1,387 |
1,626 |
1,797 |
1,948 |
2,084 |
|
8,800 |
974 |
1,393 |
1,633 |
1,805 |
1,957 |
2,093 |
|
8,850 |
979 |
1,399 |
1,641 |
1,813 |
1,965 |
2,103 |
|
8,900 |
984 |
1,405 |
1,648 |
1,821 |
1,974 |
2,112 |
|
8,950 |
989 |
1,411 |
1,655 |
1,829 |
1,982 |
2,121 |
|
9,000 |
995 |
1,417 |
1,662 |
1,837 |
1,991 |
2,130 |
|
9,050 |
1,000 |
1,423 |
1,669 |
1,845 |
2,000 |
2,140 |
|
9,100 |
1,005 |
1,429 |
1,677 |
1,853 |
2,008 |
2,149 |
|
9,150 |
1,010 |
1,435 |
1,684 |
1,861 |
2,017 |
2,158 |
|
9,200 |
1,015 |
1,441 |
1,691 |
1,869 |
2,026 |
2,167 |
|
9,250 |
1,020 |
1,447 |
1,698 |
1,877 |
2,034 |
2,177 |
|
9,300 |
1,025 |
1,453 |
1,706 |
1,885 |
2,043 |
2,186 |
|
9,350 |
1,030 |
1,459 |
1,713 |
1,893 |
2,052 |
2,195 |
|
9,400 |
1,035 |
1,465 |
1,720 |
1,901 |
2,060 |
2,204 |
|
9,450 |
1,040 |
1,471 |
1,727 |
1,909 |
2,069 |
2,214 |
|
9,500 |
1,046 |
1,477 |
1,734 |
1,917 |
2,077 |
2,223 |
|
9,550 |
1,051 |
1,483 |
1,742 |
1,924 |
2,086 |
2,232 |
|
9,600 |
1,056 |
1,489 |
1,749 |
1,932 |
2,095 |
2,241 |
|
9,650 |
1,061 |
1,495 |
1,756 |
1,940 |
2,103 |
2,251 |
|
9,700 |
1,066 |
1,501 |
1,763 |
1,948 |
2,112 |
2,260 |
|
9,750 |
1,071 |
1,507 |
1,770 |
1,956 |
2,121 |
2,269 |
|
9,800 |
1,076 |
1,513 |
1,778 |
1,964 |
2,129 |
2,278 |
|
9,850 |
1,081 |
1,519 |
1,785 |
1,972 |
2,138 |
2,288 |
|
9,900 |
1,086 |
1,525 |
1,792 |
1,980 |
2,147 |
2,297 |
|
9,950 |
1,091 |
1,531 |
1,799 |
1,988 |
2,155 |
2,306 |
|
10,000 |
1,097 |
1,537 |
1,807 |
1,996 |
2,164 |
2,315 |
|
10,050 |
1,102 |
1,543 |
1,814 |
2,004 |
2,173 |
2,325 |
|
10,100 |
1,107 |
1,549 |
1,821 |
2,012 |
2,181 |
2,334 |
|
10,150 |
1,112 |
1,555 |
1,828 |
2,020 |
2,190 |
2,343 |
|
10,200 |
1,117 |
1,561 |
1,835 |
2,028 |
2,198 |
2,352 |
|
10,250 |
1,122 |
1,567 |
1,843 |
2,036 |
2,207 |
2,362 |
|
10,300 |
1,127 |
1,574 |
1,850 |
2,044 |
2,216 |
2,371 |
|
10,350 |
1,132 |
1,580 |
1,857 |
2,052 |
2,224 |
2,380 |
|
10,400 |
1,137 |
1,586 |
1,864 |
2,060 |
2,233 |
2,389 |
|
10,450 |
1,142 |
1,592 |
1,871 |
2,068 |
2,242 |
2,399 |
|
10,500 |
1,148 |
1,598 |
1,879 |
2,076 |
2,250 |
2,408 |
|
10,550 |
1,153 |
1,604 |
1,886 |
2,084 |
2,259 |
2,417 |
|
10,600 |
1,158 |
1,610 |
1,893 |
2,092 |
2,268 |
2,426 |
|
10,650 |
1,163 |
1,616 |
1,900 |
2,100 |
2,276 |
2,436 |
|
10,700 |
1,168 |
1,622 |
1,907 |
2,108 |
2,285 |
2,445 |
|
10,750 |
1,173 |
1,628 |
1,915 |
2,116 |
2,293 |
2,454 |
|
10,800 |
1,178 |
1,634 |
1,922 |
2,124 |
2,302 |
2,463 |
|
10,850 |
1,183 |
1,640 |
1,929 |
2,132 |
2,311 |
2,473 |
|
10,900 |
1,188 |
1,646 |
1,936 |
2,140 |
2,319 |
2,482 |
|
10,950 |
1,193 |
1,652 |
1,944 |
2,148 |
2,328 |
2,491 |
|
11,000 |
1,199 |
1,658 |
1,951 |
2,156 |
2,337 |
2,500 |
|
11,050 |
1,204 |
1,664 |
1,958 |
2,164 |
2,345 |
2,509 |
|
11,100 |
1,209 |
1,670 |
1,965 |
2,172 |
2,354 |
2,519 |
|
11,150 |
1,214 |
1,676 |
1,972 |
2,180 |
2,363 |
2,528 |
|
11,200 |
1,219 |
1,682 |
1,980 |
2,188 |
2,371 |
2,537 |
|
11,250 |
1,221 |
1,686 |
1,984 |
2,193 |
2,377 |
2,543 |
|
11,300 |
1,223 |
1,689 |
1,898 |
2,197 |
2,382 |
2,549 |
|
11,350 |
1,225 |
1,693 |
1,993 |
2,202 |
2,387 |
2,554 |
|
11,400 |
1,227 |
1,697 |
1,997 |
2,207 |
2,392 |
2,560 |
|
11,450 |
1,229 |
1,700 |
2,001 |
2,212 |
2,397 |
2,565 |
|
11,500 |
1,231 |
1,704 |
2,006 |
2,216 |
2,403 |
2,571 |
|
11,550 |
1,233 |
1,708 |
2,010 |
2,221 |
2,408 |
2,576 |
|
11,600 |
1,235 |
1,711 |
2,014 |
2,226 |
2,413 |
2,582 |
|
11,650 |
1,237 |
1,715 |
2,019 |
2,231 |
2,418 |
2,587 |
|
11,700 |
1,239 |
1,719 |
2,023 |
2,235 |
2,423 |
2,593 |
|
11,750 |
1,241 |
1,723 |
2,027 |
2,240 |
2,428 |
2,598 |
|
11,800 |
1,243 |
1,726 |
2,031 |
2,245 |
2,433 |
2,604 |
|
11,850 |
1,245 |
1,730 |
2,036 |
2,249 |
2,438 |
2,609 |
|
11,900 |
1,247 |
1,734 |
2,040 |
2,254 |
2,444 |
2,615 |
|
11,950 |
1,249 |
1,737 |
2,044 |
2,259 |
2,449 |
2,620 |
|
12,000 |
1,251 |
1,741 |
2,049 |
2,264 |
2,454 |
2,626 |
|
12,050 |
1,253 |
1,745 |
2,053 |
2,268 |
2,459 |
2,631 |
|
12,100 |
1,255 |
1,748 |
2,057 |
2,273 |
2,464 |
2,637 |
|
12,150 |
1,257 |
1,752 |
2,061 |
2,278 |
2,469 |
2,642 |
|
12,200 |
1,259 |
1,756 |
2,066 |
2,283 |
2,474 |
2,648 |
|
12,250 |
1,261 |
1,759 |
2,070 |
2,287 |
2,479 |
2,653 |
|
12,300 |
1,263 |
1,763 |
2,074 |
2,292 |
2,485 |
2,659 |
|
12,350 |
1,265 |
1,767 |
2,079 |
2,297 |
2,490 |
2,664 |
|
12,400 |
1,267 |
1,770 |
2,083 |
2,302 |
2,495 |
2,669 |
|
12,450 |
1,270 |
1,774 |
2,087 |
2,306 |
2,500 |
2,675 |
|
12,500 |
1,272 |
1,778 |
2,091 |
2,311 |
2,505 |
2,680 |
|
12,550 |
1,274 |
1,781 |
2,096 |
2,316 |
2,510 |
2,686 |
|
12,600 |
1,276 |
1,785 |
2,100 |
2,320 |
2,515 |
2,691 |
|
12,650 |
1,278 |
1,789 |
2,104 |
2,325 |
2,520 |
2,697 |
|
12,700 |
1,280 |
1,792 |
2,109 |
2,330 |
2,526 |
2,702 |
|
12,750 |
1,282 |
1,796 |
2,113 |
2,335 |
2,531 |
2,708 |
|
12,800 |
1,284 |
1,800 |
2,117 |
2,339 |
2,536 |
2,713 |
|
12,850 |
1,286 |
1,803 |
2,121 |
2,344 |
2,541 |
2,719 |
|
12,900 |
1,288 |
1,807 |
2,126 |
2,349 |
2,546 |
2,724 |
|
12,950 |
1,290 |
1,811 |
2,130 |
2,354 |
2,551 |
2,730 |
|
13,000 |
1,292 |
1,814 |
2,134 |
2,358 |
2,556 |
2,735 |
|
13,050 |
1,294 |
1,818 |
2,138 |
2,363 |
2,562 |
2,741 |
|
13,100 |
1,296 |
1,822 |
2,143 |
2,368 |
2,567 |
2,746 |
|
13,150 |
1,298 |
1,825 |
2,147 |
2,372 |
2,572 |
2,752 |
|
13,200 |
1,300 |
1,829 |
2,151 |
2,377 |
2,577 |
2,757 |
|
13,250 |
1,302 |
1,833 |
2,156 |
2,382 |
2,582 |
2,763 |
|
13,300 |
1,304 |
1,836 |
2,160 |
2,387 |
2,587 |
2,768 |
|
13,350 |
1,306 |
1,840 |
2,164 |
2,391 |
2,592 |
2,774 |
|
13,400 |
1,308 |
1,844 |
2,168 |
2,396 |
2,597 |
2,779 |
|
13,450 |
1,310 |
1,847 |
2,173 |
2,401 |
2,603 |
2,785 |
|
13,500 |
1,312 |
1,851 |
2,177 |
2,406 |
2,608 |
2,790 |
|
13,550 |
1,314 |
1,855 |
2,181 |
2,410 |
2,613 |
2,796 |
|
13,600 |
1,316 |
1,858 |
2,186 |
2,415 |
2,618 |
2,801 |
|
13,650 |
1,318 |
1,862 |
2,190 |
2,420 |
2,623 |
2,807 |
|
13,700 |
1,320 |
1,866 |
2,194 |
2,425 |
2,628 |
2,812 |
|
13,750 |
1,322 |
1,869 |
2,198 |
2,429 |
2,633 |
2,818 |
|
13,800 |
1,324 |
1,873 |
2,203 |
2,434 |
2,638 |
2,823 |
|
13,850 |
1,326 |
1,877 |
2,207 |
2,439 |
2,644 |
2,829 |
|
13,900 |
1,328 |
1,880 |
2,211 |
2,443 |
2,649 |
2,834 |
|
13,950 |
1,330 |
1,884 |
2,216 |
2,448 |
2,654 |
2,840 |
|
14,000 |
1,332 |
1,888 |
2,220 |
2,453 |
2,659 |
2,845 |
|
14,050 |
1,334 |
1,891 |
2,224 |
2,458 |
2,664 |
2,851 |
|
14,100 |
1,336 |
1,895 |
2,228 |
2,462 |
2,669 |
2,856 |
|
14,150 |
1,338 |
1,899 |
2,233 |
2,467 |
2,674 |
2,862 |
|
14,200 |
1,340 |
1,902 |
2,237 |
2,472 |
2,679 |
2,867 |
|
14,250 |
1,342 |
1,906 |
2,240 |
2,477 |
2,685 |
2,873 |
|
14,300 |
1,344 |
1,910 |
2,246 |
2,481 |
2,690 |
2,878 |
|
14,350 |
1,346 |
1,913 |
2,250 |
2,486 |
2,695 |
2,884 |
|
14,400 |
1,348 |
1,917 |
2,254 |
2,491 |
2,700 |
2,889 |
|
14,450 |
1,350 |
1,921 |
2,258 |
2,496 |
2,705 |
2,894 |
|
14,500 |
1,352 |
1,924 |
2,263 |
2,500 |
2,710 |
2,900 |
|
14,550 |
1,354 |
1,928 |
2,267 |
2,505 |
2,715 |
2,905 |
|
14,600 |
1,356 |
1,932 |
2,271 |
2,510 |
2,721 |
2,911 |
|
14,650 |
1,358 |
1,935 |
2,276 |
2,514 |
2,726 |
2,916 |
|
14,700 |
1,360 |
1,939 |
2,280 |
2,519 |
2,731 |
2,922 |
|
14,750 |
1,362 |
1,943 |
2,284 |
2,524 |
2,736 |
2,927 |
|
14,800 |
1,364 |
1,946 |
2,288 |
2,529 |
2,741 |
2,933 |
|
14,850 |
1,366 |
1,950 |
2,293 |
2,533 |
2,746 |
2,938 |
|
14,900 |
1,368 |
1,954 |
2,297 |
2,538 |
2,751 |
2,944 |
|
14,950 |
1,370 |
1,957 |
2,301 |
2,543 |
2,756 |
2,949 |
|
15,000 |
1,372 |
1,961 |
2,305 |
2,548 |
2,762 |
2,955 |
B. If
combined gross monthly income exceeds Fifteen Thousand Dollars ($15,000.00), the
child support shall be that amount computed for a monthly income of Fifteen
Thousand Dollars ($15,000.00) and an additional amount determined by the
court.
C. If there
are more than six children, the child support shall be that amount computed for
six children and an additional amount determined by the court.
Section 119.1
The child support guidelines
shall be reviewed at least once every four (4) years by the Judiciary Committees
of the Senate and the House of Representatives to ensure that their application
results in the determination of appropriate child support award
amounts.
Make sure to consult a lawyer or your state legislature for any changes to the law.
Oklahoma Divorce Laws
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