Legal Question in Family Law in Oklahoma
My boyfriend is divorced and his ex-wife has her own business plus is a independent distributor of another business. He is getting the raw end of the deal with child support as she makes 3-4 times as much as him but with all the deductions she claims it looks as she makes nothing. This is a woman who drives around in a BMW (new) goes on trips constantly and has the means to have what she wants where he is barely putting food on the table. I've been doing a lot of research and it says in the Title 43 law that tax records can not be used solely for self-employment income when child support is being figured. Can you please tell me what is able to be deducted and things that would be excessive deductions so that we may can get this amount in a more fair manner? We live in the state of Oklahoma. Also one other question, can one parent have sole custody when the parenting time is split in half or does it have to be joint custody? Thanks for any help you can give
1 Answer from Attorneys
He can ask the court to re-open the case and refigure or amend the child support based on his and her income and the judge should ask her to present her Schedule A, a form that must be filed with income taxes. The judge shoud be able to determine her actual profit after expenses. Either way, we recommend that he ask the court to do these calculations base on child support the lawwhich requires a look at both their incomes.