The Parent That Makes More Money Is Going to Be Paying More
Video Transcribed: Who pays daycare in a child support case in Oklahoma? I’m Tulsa Child Support Collection Attorney, James Wirth. This is the next video in our series regarding the Oklahoma child support guidelines. And as with most of the things we’ve discussed, this is going to be a statutory question.
It is clear in Oklahoma law. And the question is, who pays daycare in child support cases in Oklahoma? So let me read to you what the law provides. It’s Title 43, Section 118G, and it says, “The actual annualized childcare costs incurred for the purposes authorized by this section shall be allocated and added to the base child support order and shall be part of the final child support order.”
So if you guys, the mom, and dad, both make an equal amount of money, then it’s going to be split 50/50. If the mother makes substantially more, maybe 75% to 25, it’s going to be based pro-rata on the allocation of their income.
Who makes more money is going to be paying more under those circumstances. But the parent that is the primary custodian is not going to be paying the money to the other parent.
It’s that, they’re probably going to be paying that money directly to the provider. And then the pro-rata share for the obligor, the party that’s paying child support, it’s going to be added to their base child support.
So that’s how that works. The party who is paying child support is going to be paying their pro-rata share as added onto the base child support, and it will be included as part of that child support order. You got to pay every month, or you’re potentially in contempt of court.
Now, when is it going to be applicable that there’s going to be child support or not child support, but daycare that has to be paid? Well in order for it to be applicable, it has to be for the purpose of a parent to be employed, to seek employment, or to attend school or training that will enhance employment income. So they can’t request that you pay for daycare just while they go out and have fun with their friends.
No. It’s got to be for one of these things, employment, seeking employment, or education and training, that’s going to further their employment income in the future. And if that is the case, then that’s going to be part of the base child support added onto that paid by the obligor to the obligee. And the obligee is then going to be responsible to make sure that daycare payment gets made.
So if you have any questions about how this may apply to your specific circumstances, talk to an attorney about that privately and confidentially. To get that scheduled with a Tulsa lawyer at my office, you go online to makelaweasy.com.