Help with child support computation

[Defnestor]

Pay the monthly rate. I know a guy who got jammed up because OCSS didn't realize that realize that bi-weekly payments result 2/26th of the yearly amount for 10 months, and 3/26th for two months, even though he used the schedule they sent him.

 

[TJay74]

Need to get the custody and or visitation determined so you can determine the child support. As said custody/visitation can affect the amount of child support that has to be paid, but to be honest you have to be over the 100 days mark I think before it does anything in regards to lowering the child support.

As said the form on the DHS site is easy to read and use, basically your monthly gross + the other parents monthly gross (if no job then min wage at 40 hours is used) gives a total gross. The total gross cross references over to a monthly amount the state of OK says it takes to raise a child. Once you have that amount you find out how much of the total gross monthly amount you make and then you will pay that percentage of the monthly child support amount.

That is it in a nut shell, there are some credits given for stuff that the non-custodial parents pays for so make sure you research that and have it factored into the calculation.

 

[AbundantEntropy]

So did your attorney get the visitation, and thus the child support, more favorable? Or did he somehow compel the judge to deviate from the OK DHS prescribed formula?

The new attorney found some things the old attorney awarded that should not have been

Not entirely. The support is theoretically to be calculated on a pro rata basis so that the child maintains the same standard of living at both households. IF the child is in one household for a large potion of the time, then the other party is to contribute a comparatively large amount since, again theoretically, the person who does not have the most visitation is not spending money on the child when they not at that home.

As your visitation increases, you spend more on the child while they are in your household, so you would be required to pay less to the other party in supprort. That's what the calculator ( http://www.okdhs.org/onlineservices/cscalc ) attempts to accomplish.

Now CUSTODY and and support are unrelated. But the support and visitation - the time they are in one's care - are connected matters.

The amount of custody you have has a correlation with how much you pay in child support.

 

[inactive]

Visitation. Not custody. One is time. The other is legal decision-making ability.

 

[AllOut]

Really you need to go through the courts and get orders from a judge for custody/visitation and CS.
Problem with just figuring it up on your own and paying her what yall figure to be fair. If 10 years down the road she decides she wants to take it to court all the money you paid her isn't considered CS and she can get you for back payments. As far as DHS is concered you were just giving her a gift.
Figuring it is easy, the courts typically strictly use a calculator you can find on their wedsite. Just type in all yalls info and it'll tell you what CS will be.

 

[Dave70968]

Really you need to go through the courts and get orders from a judge for custody/visitation and CS.
Problem with just figuring it up on your own and paying her what yall figure to be fair. If 10 years down the road she decides she wants to take it to court all the money you paid her isn't considered CS and she can get you for back payments. As far as DHS is concered you were just giving her a gift.
Figuring it is easy, the courts typically strictly use a calculator you can find on their wedsite. Just type in all yalls info and it'll tell you what CS will be.

Child support is not retroactive in the state of Oklahoma; it can go back to the date the court case is filed, but no further.

 

[AllOut]

Child support is not retroactive in the state of Oklahoma; it can go back to the date the court case is filed, but no further.

It depends....
She can file in a different state (say she moves) and they'll come after him.
That's what happened to my buddy on a kid he didn't even know about. 13 years later the state of Missouri hit him for CS at over $900 a month cause he had to pay back CS.
Hell even the OK DHS web site says any $ payed that doesn't go through them isn't considered CS.

 

[TJay74]

My understanding at least from almost 18 years ago is if the case has never been filed they can go back no further than 5 years, but if the case was filed and an amount set in place and it has not been paid then as stated there is no limit and they can go back to when the order was put into place for support.

 

[TJay74]

Really you need to go through the courts and get orders from a judge for custody/visitation and CS.
Problem with just figuring it up on your own and paying her what yall figure to be fair. If 10 years down the road she decides she wants to take it to court all the money you paid her isn't considered CS and she can get you for back payments. As far as DHS is concered you were just giving her a gift.
Figuring it is easy, the courts typically strictly use a calculator you can find on their wedsite. Just type in all yalls info and it'll tell you what CS will be.

This is not accurate either, DHS can try the BS but if it is taken to court and you have proof via either a receipt and bank statements of paying money to the other person it can be used as evidence of paying child support. DHS tries that crap all of the time, I took my case from their hands into the court system hands and had that crap ruling thrown out from DHS in my case.