Alimony& Child Support

※ Alimony :

Alimony is usually granted to offset a financial disparity between spouses after a divorce. When awarding alimony in Oklahoma, the court will designate which portion of the payment pertains to the division of property and which portion is designated as support for the spouse.

Payments which pertain to the division of property are used to offset a disparity in the property division and may not be modified in the future. Payments for the support of a spouse may be modified because of a change in circumstances and will usually end when the recipient spouse dies or remarries. Spousal support may also be reduced or terminated if the recipient spouse voluntarily cohabitates with a member of the opposite sex in a conjugal relationship.

Alimony cannot be based on a military service member's portion of any SMC award from the United States Department of Veterans Affairs. Disposable retired or retainer pay may be taken into consideration, depending on if the court determines it is the sole and separate property of the service member or the marital property of both spouses. If a portion of the military member's retirement pay is to be divided, the decree will use specific language regarding the percentage due to the other spouse.

※ Child Support:

All child support orders in Oklahoma must comply with the support guidelines and be computed in accordance with the Child Support Guideline Schedule. The basic child support calculation uses the combined income of both parents and the number of children to be supported. The amount of support obligation is meant to cover the child's housing, food, clothing, public education expenses, transportation, and entertainment.

The calculation takes into consideration parenting time adjustments if the child spends more than 121 nights with the non-custodial parent or if the parents have a split-custody arrangement. Child care expenses related to either work or education for either parent are also used in the calculation of child support, as well as the cost of medical support and/or health insurance premiums for the child.

All support orders are to have a provision for income assignment unless the court finds good cause to not require income withholding or if the parties have reached a written agreement providing for an alternative arrangement. The support order must also contain provisions for medical support of the child.

An existing child support order may be modified due to a material change of conditions such as a change in parental income, changes in medical or child care costs, or if one of the children ages out. Child support normally continues until a child reaches 18 or graduates (but not past the age of 20). Since support orders are aggregate, a child aging out doesn't automatically modify the support amount. Instead the parents need to seek a modification reflecting the child's graduation.