Legal Question in Family Law in Oklahoma
Increase in child support and changing courts
This is pertaining to my grandson and daughter. My daughter was divorced in Tulsa,Ok about 5 years ago. She has one son and receives child support.The father has visitation rights and all is good on that part. My daughter moved to Arkansas 4 years ago and the father did not object to this. They meet half way to exchange the boy on visitation, etc. Father now has another son and divorced again. My daugher has remarried and has another son. She worked for one year until new son was born. He is now almost 1 1/2 years old. Her husband is self employed and makes a fair income but also pays child support here in Arkansas. Now business is down and he is considerating looking for another job. Can she petition the court for an increase in child support and must it be in Tulsa, Oklahoma. Can it be changed to Arkansas since the father did not object to her moving to Arkansas several years ago? Thanks. Concerned grandfather
1 Answer from Attorneys
Re: Increase in child support and changing courts
This is not a yes or no answer, the issues are a bit more complicated. Arkansas and Oklahoma figure child support very differently. Oklahoma figures it based on the total income between the two of them and allows insurance, child care, and other things to influence the picture.
Arkansas figures it only on the basis of the non-custodial parent's disposable income. AR does not allow for child care, but makes the non pay the insurance premiums.
Both states will give allowance for a child support order entered before the one being decided. That means that if she were to move the case to AR, that they would most likely allow him to deduct the other support amount before figuring his income base. In OK, they would not.
Mechanically, if the child has been in AR more than 6 months then AR becomes the home state of the child. He an still object and OK may retain jurisdiction to determine any modification of the order. If he does not object to jurisdiction then AR will take it and go ahead. Bottom line is that as long as he remains in OK, the case will most likely also stay in OK.
That having been said, if busines is bad and he is changing jobs, why are you wanting to change the amount of child support. IT COULD GO DOWN!
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