Tulsa Attorney BlogWhat Does “Overnight” Mean for Oklahoma Child Support Purposes?

If the Noncustodial Parent Has More Than 120 Overnights, That Affects Child Support

attorney in OklahomaVideo Transcribed: What does overnight mean for Oklahoma child support purposes? I’m Oklahoma attorney, James Wirth. I’m doing a series of videos regarding child support issues in Oklahoma, and we’re covering the definitions that are included in the Oklahoma Child Support Guidelines definitions. The one for this video is overnight.

Okay, so what we do know is that overnights matter. If the noncustodial parent has more than 120 overnights, that starts to affect child support. So the question becomes, what counts as an overnight and what does not? And that’s where we can go to the definition in the statute, which can be found in Title 43, Section 118A, subsection 10.

And it says that overnight means the child is in the physical custody and control of a parent for an overnight period of at least 12 hours and that the parent has made a reasonable expenditure of resources for the care of the child.

So the fact that the child stayed with you overnight by itself may not be enough. Can you meet the complete test? Did you have 12 hours with the child? Did you perhaps make breakfast for the child or have some expenses reasonable for caring for the child during that period of time?

If so, it counts as an overnight. It’s going to be relevant for determining or lowering your child support obligation if you have more than 120 per year. But if you’ve got questions about that, child support guidelines, how overnights affect what your obligation is, you’re going to want to talk to an attorney about that specifically, confidentially. To get that scheduled with somebody in my office, you can go online to makelaweasy.com.

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