Oklahoma § 43-118I - Modification of child support orders

§ 43-118I. Modification of child support orders

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, incarceration of a parent for

a time period of more than one hundred eighty (180) consecutive

days, 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. The

court shall apply the principles of equity in modifying any child

support order due to changes in the circumstances of either party as

it relates to the best interests of the children.

Oklahoma Statutes - Title 43. Marriage and Family

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 on the first day

of the month following the date the motion to modify was filed,

unless the parties agree to another date 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

Oklahoma Statutes - Title 43. Marriage and Family

support computation form provided for in Section 120

of this title.

b.

The standard modification forms and the standard child

support computation form shall be submitted to the

district or administrative court. Either court shall

review the modification forms to confirm that the

child support obligation complies with the child

support guidelines or, if agreed to by the parties,

the court may approve a deviation from the child

support guidelines as provided in subsection B of

Section 118H of this title. If the court approves the

modification forms, they shall be filed with the

court.

E. After November 1, 2021, there shall be a rebuttable

presumption that an obligor who is incarcerated for a period of one

hundred eighty (180) or more consecutive days is unable to pay child

support.

1. The obligor's child support obligation shall be abated

without court action effective the first day of the month following

the date of entry into the correctional facility or jail and shall

not accrue for the duration of the incarceration unless the

presumption is rebutted by a showing of means to pay as provided in

Section 118B of this title.

2. Upon release from incarceration, the monthly child support

obligation shall revert to the pre-incarceration order amount

beginning the first day of the month following a lapse of ninety

(90) calendar days after release from incarceration.

3. The abatement of a monthly support obligation under this

subsection shall not affect any past-due support that has accrued

prior to the abatement of the obligation.

4. If any of the crimes for which the obligor is incarcerated

are a result of indirect contempt of court for failure to pay child

support, the crime of omission to provide child support or for any

offense for which the obligee's dependent child or the obligee was a

victim, the abatement shall not be presumed and the child support

obligation shall continue to accrue.

Added by Laws 2008, c. 407, § 10, eff. July 1, 2009. Amended by

Laws 2016, c. 289, § 4, eff. Nov. 1, 2016; Laws 2021, c. 286, § 4,

eff. Nov. 1, 2021.