Oklahoma Child Support is Statutory
Video Transcribed: Parents granted social security disability benefits in Oklahoma need to file for a child support modification if they’re on child support. I’m Oklahoma Lawyer James Wirth doing a series of videos related to child support in Oklahoma. This one specifically deals with the changes that occur if a parent is granted social security disability benefits and why they need to file for a modification.
So, if you are determined to be disabled by the social security administration or receiving benefits under Title two, then that amount of the benefits payable to you and the amounts payable to the child due to your disability will increase your gross income for determining the amount of child support.
But the amount payable to the child because of your eligibility and your disability will go towards your obligation of child support. So, if you’re ordered to pay 4500 and the child receives $500 from the Social Security Administration due to your disability, then that zeros out your child support obligation.
But if you already have a child support order in place and then get your approval for social security disability, you don’t want to just do anything. You do need to file for a modification because the statute on that says as follows, “the child support computation form shall include a notification regarding the use of social security benefits as an offset”.
So, if you want that offset, you want to make sure it’s in the child support guidelines order, which means that you’re going to want to file for a modification that is statutory there. You can find it under Oklahoma code its Title 43 Section 118B, Subsection F and then C.
So, if you are granted disability benefits, you’re going to want to file for a child support modification to make sure that it is noted on the guidelines that you are going to get credit for the offset for the amount that the Social Security Administration is paying to the child for your title two disability benefits.
If you had any questions about child support in Oklahoma, you’re going to want to talk to an attorney privately and confidentially about your specific circumstances to get legal advice. To get that done with somebody at my office, you can go online to tomakelaweasy.com.
