Okla. Stat. tit. 43, § 43-118H
This is the official text of Okla. Stat. tit. 43, § 43-118H, part of Oklahoma’s Stat. tit. 43, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43,." Browse the sections below, each linked to its official government source.
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Deviation from guidelines child support amount
Official statutory text
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.
Oklahoma Statutes - Title 43. Marriage and Family Page 94
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.
Oklahoma Statutes - Title 43. Marriage and Family Page 95
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-
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.
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.
Oklahoma Statutes - Title 43. Marriage and Family Page 94
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.
Oklahoma Statutes - Title 43. Marriage and Family Page 95
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-
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.
Status: in_force · Read it on the official government site
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