Income Shares Model for Child Support: Basis and Determination
States have different methods for determining child support. Many states, including Oklahoma, use the income shares model. Below is an overview of the model's basis and its calculation.
Basis
The income shares model presumes that all parents have child-rearing expenses that they pay for using a percentage of their combined income. The model also presumes that parents within the same income level use the same amount of money to care for their children.
Based on those presumptions, the model focuses on getting the child the financial support they would have enjoyed if the parents lived together. After all, the child's welfare is the government's main concern, and the parent's split shouldn't affect the child.
Determination
Child support calculation in Oklahoma involves a few steps. The following is an overview of these steps.
Calculate Both Parents' Income
First, determine the monthly income for each parent. The calculation takes different approaches, depending on how the parents get their income. For example:
- The court will use the actual monthly income for a parent with regular income. Say you are a schoolteacher with a regular monthly income. The court will use the actual income you get every month by working regular hours.
- The court will calculate your average income for the last few years if you have changed jobs, have periods of unemployment, or operate as a self-employed person. The calculation makes sense since such people have fluctuating monthly incomes.
- The court may impute your income if you are unemployed or underemployed. Imputed income reflects your income in the open market based on relevant labor factors, such as education and experience.
The calculation comprises multiple streams of income for parents who have such. The court will calculate each parent's income and then sum the incomes.
Determine Child Support Obligation
Next, the court will determine how much the combined income should go towards child support. The determination takes these two steps.
1. Basic Child Support Obligation
Oklahoma has a schedule that determines basic child support for families with different incomes. The court will use your combined income to determine the corresponding basic child support obligation.
2. Presumptive Child Support Obligation
Basic child support is not the child support you should pay. The presumptive child support obligation, which is the actual amount you should spend on each child, includes other expenses. For example, the calculation includes:
- Extraordinary expenses. For example, you need additional money if your child has a chronic medical condition that requires ongoing treatment.
- Child care expenses. For example, you need daycare costs if both of you work and the child is young.
- The number of children: The child support obligation increases for multiple children, but it is not a direct multiple of the number of children.
Have your facts and supporting documents ready to help the court execute accurate calculations.
Apportion Child the Child Support
Lastly, the court will determine each parent's respective amounts. In this case, the court will consider:
- The custody arrangement
- The number of children from past relationships that need child support
- Spousal support obligations due to a past relationship
- Health insurance payments by the noncustodial parent
The law assumes that the parent with the physical custody of the child will spend their share of child support directly on the child. Therefore, the noncustodial parent pays their share of the child support obligation to the custodial parent.
Whichever model a state uses, every parent wants the best for their child. The Kanehl Law Firm PLLC can help you get the best child support for your child. Contact us for a consultation to review your circumstances and determine the best approach to give your case.