Oklahoma § 43-118E - Parenting time adjustment - Reduction in child support

§ 43-118E. Parenting time adjustment - Reduction in child support

obligation.

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 twelvemonth 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),

Oklahoma Statutes - Title 43. Marriage and Family

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. In no

event shall the amount of child support ordered to be paid by a

parent exceed the amount which would otherwise be ordered if the

parent was not eligible for the parenting time adjustment.

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

Oklahoma Statutes - Title 43. Marriage and Family

prospective parenting time adjustment upon a showing that the

obligor has actually exercised the threshold number of overnights in

the preceding twelve (12) months. No retroactive modification or

credit from the child support guidelines amount shall be granted

based on this section.

Added by Laws 2008, c. 407, § 6, eff. July 1, 2009. Amended by Laws

2015, c. 238, § 1, eff. Nov. 1, 2015.