Out-Of-Home Children Affects the Deduction From Your Gross Income
Video Transcribed: Does having other out-of-home children affect my child support in Oklahoma? I’m Oklahoma Lawyer James Wirth, and that’s the question that we have today, is how other children affect the child support order for the one that you have before the court, and it does do that, and we’re going to talk about how.
But first off, this is part of our series related to child support guidelines under Oklahoma law, and the answer to this is statutory. You can find it in the statute. You would find that Title 43, Section 118C, deals with deductions related to other children that are not before the court.
In this video, we’re talking about where you have children that are not before the court, that are not primarily in your residence, but primarily living with somebody else, generally speaking, the other parent, and how that affects it.
So, you need two things in order for you to get credit for that, and it’s actually not a credit to your child support, it’s actually a deduction from your gross income for determining child support.
So if you have a court case going on with children involved, but you also have children that were born due to a prior relationship or subsequent relationship, then you need two things in order to get a deduction.
One, you need a court order that provides for you to support those other children. And two, you need proof that you can demonstrate that you have paid that consistently, at least over the last 12 months. The court could require by statute more than 12 months.
But then you take those payments over the 12 months, you average them out, and that is the amount that you can reduce your gross income on the child support calculator and determine how much support you pay to the kids that are before the court.
If you’ve got any questions about that or any other questions related to child support in Oklahoma, you’re going to want to talk to an attorney about that privately, confidentially, to get legal advice specific to your circumstances. To get that scheduled with somebody at my office, you can go online to makelaweasy.com.
