Under state law, a child support modification in Oklahoma for age of majority goes into effect when the child turns 18 or the child is finished high school. At this point, child support payments are no longer required from the non-custodial parent.
A parent is not legally obligated to contribute toward their child's post-secondary education. However, the non-custodial parent may choose to enter into an agreement with the custodial parent to contribute toward the costs of college or university.
Child Support Modification in Oklahoma for Age of Majority for Disabled Child
The law makes an exception to this general rule in the case of a child who is disabled. A judge has the power to order one or both of the young adult's parents to continue to make support payments for an indefinite period of time. The Court may also determine what the "rights and duties" of the parents are toward the child.
In order for a child support order of this type to be made, evidence must be presented to the Court to prove that the child is not capable of supporting him- or herself due to the effects of a physical or mental disability. The disability must have been present on or before the child's 18th birthday.
It is not necessary for the child to be confined to an institution for the parents to be required to continue to provide financial support past his or her 18th birthday.
Calculating Oklahoma Child Support
The custodial parent has the legal responsibility to educate their children and to financially support them. To receive child support payments from the non-custodial parent, the custodial parent must demonstrate that their income is not sufficient to support their children. In that situation, the non-custodial parent is required to pay child support.
In Oklahoma, the amount of child support payable is calculated based on a formula set by the State legislature. The amount of the payments is based on the following factors:
- Number of Children to be Supported
- Gross Monthly Income of Both Parents
- Cost of Health Insurance Premiums for Dependent Children
- The Amount of Time the Children Spend with Each Parent (Overnight)
If the Court feels that the figure for child support suggested by the guidelines is unreasonable or inappropriate under the circumstances, a different amount may be ordered. In making these types of decisions, the judge will take into account the best interests of the child.
Modifying Child Support Payments
Once in every 12-month period, either parent of a minor child can make a request to have the level of child support payments reviewed. This request must be made in writing to the child support caseworker in charge of the case. Each parent will be asked to provide financial information to determine whether the child support order should be modified. If, based on the updated financial information provided, the new amount of child support payable is more than 10 percent over or under the existing amount, the child support order will be changed accordingly.
Even though in most situations child support payments cease when a child turns 18, in certain circumstances. a child support modification in Oklahoma for age of majority is put into place instead. This policy helps to ensure that a disabled child gets the care he or she needs.