Support
Two types of "support" arise in domestic/family law cases:
(1) Spousal Support
&
(2) Child Support
SPOUSAL SUPPORT, more commonly referred to as “ALIMONY,” is where during of follow a divorce, one party makes support payments to the other party. This is completely independent and in addition to any child support payments being paid, although in most cases an alimony award will be slightly less when child support is already being paid since such child support takes away from the payer’s disposable income. After all, “ability to pay” is one of the two main factors that are to be considered by the Court in determining whether to award alimony and how much to award. The other main factor is “need acquired during the course of the marriage”. In essence, one party has to have become, at least to an extent, financially dependent on the other party, and this does not mean that the dependent party must be unemployed. As a general rule of thumb, I find that if a marriage is eight years or more and if one party makes more than twice what the other party makes, the issue of alimony is usually considered, regardless of whether any is awarded in the end. Alimony arguments are often relinquished in exchange for property (i.e., “I won’t pursue any alimony if you don’t make me pay you your share of equity in the marital home I’m keeping). Alimony awards entered by Judges in trial range anywhere from no award to several tens of thousands of dollars, and due to this unpredictability the parties will usually often settle this issue amongst themselves or through their attorneys. Unlike child support, there is no rigid formula for alimony; and even if you are entitled to it, you can choose to receive none.
Such is not the case with CHILD SUPPORT, which follows the formula and rules set forth in the Oklahoma Child Support Guidelines. Even non-attorneys can seek to calculate child support by using an online child support calculator, such as that available at www.familiesintransition.com. Child support is based on several factors, mainly the incomes of the parents of the child. Then if you have children (plural) rather than just one child, the amount of child support increases depending on how many children you have. Finally, you get a break in child support when you keep your child 121 or more overnights per year; and the closer you get to half-time, the lower your child support goes. This is called “shared parenting.” Many people think that if you have your children the same amount of or equal time as the other parent, that there is no child support. If you agree to that and the Judge permits it, that is fine. However, if you are in a Court that strictly adheres to the Oklahoma Child Support Guidelines, you will learn that such equal time does not stop child support from being ordered, and that one parent will usually still have to pay the other parent some small amount of child support due to the income difference between the parties. I have learned that how much you can deviate from those Guidelines depends upon your location.
A child is entitled to be supported by its parents until that child reaches the age of majority (turns 18), or if that child is enrolled in high school, until that child graduates. What this means is that unless your child is young for his or class or drops out of school, the last month you pay child support will be May of that child's senior year. A recent statutory amendment has determined that, except by written agreement, in no event are you responsible for your child after he or she reaches the age of 20. So if your child is held back a year, the child will be 19 and the last month you pay child support will be that following May of the child's senior year after the child has turned 19. However, if the child is held back yet another year, you do not have to continue paying until the following May but your final payment is for the month in which the child turns 20. Prior to the amendment, the statute and case law had this obligation cut off a year earlier, at the age of 19. New case law may soon develop which alters the accuracy of what I just wrote. Regardless, this cutoff date is not an issue except for children who reach adult age during high school. Unless you agree to it in a Court Order, you are NOT required to continue to support your child through college or post-high school education or to help pay for tuition, room and board.
Child support, as well as alimony, issues can be confusing. I would be happy to answer any questions you may have. For your information, my retainers for modifying or collection child support range from $500 to $700, and I deal with child support issues regularly. Contact me, JOEL K. MITCHELL, Attorney-at-Law.
jkm@oklahomadivorceattorney.com or (918) 371-1896
