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NewsOK Q&A: Child support payments based on several variables

Robert K. Campbell’s legal practice is focused in the area of family law, specifically concentrated in matters of divorce, legal separation and custody issues.

In this article, Oklahoma City Attorney Robert K. Campbell answers questions about the basics of arranging and handling child support.

Who pays child support in a divorce proceeding?

Oklahoma law requires both parents to provide financial support for their children during a divorce. That being said, typically it is one parent paying the other parent. There are, however, situations wherein neither parent may owe the other parent child support.

How is the amount of child support calculated?

The child support amount is calculated based upon the Oklahoma Child Support Guidelines. The Oklahoma Child Support Guidelines will calculate the child support obligation of each parent.

What does the Oklahoma child support calculation take into consideration when determining the amount of child support?

There are several variables that go into the Oklahoma Child Support Guideline calculation. The primary variables determine the base child support amount consist of the parties’ gross monthly income, the number of minor children of the parties, and the number of overnights each parent has with the children. There are other variables that can be taken into consideration. A common example of these are health insurance premiums and child care costs.

What is considered gross income for child support purposes?

Oklahoma’s definition of gross income is broad and intended to include earned income and passive income. Gross income consists of wages, salaries, tips, commissions, bonuses, etc. Passive income can include dividends, pensions, rent, interest income, trust income, gifts, gambling winnings, lottery winnings, etc.

If both parents agree, can the child support agreement differ from the Oklahoma Child Support Guidelines calculations?

Typically, an agreed amount other than the guidelines will likely be approved if it is in the best interest of the minor child and the amount of support indicated by the guidelines is unjust or inappropriate under the circumstances; both parties are represented by counsel and have agreed to a different amount; or one party is represented by counsel and the deviation benefits the unrepresented party.

How long does a parent have to pay child support?

In Oklahoma, the law typically provides that a child is entitled to support by the parents until the child reaches the age of 18, or graduates high school, whichever occurs later; however, it shall not extend beyond the age of 20. There are certain situations where the law may provide support to an adult child with a disability beyond the age of majority. If you are paying support for more than one child, your payment amount does not drop automatically when one child no longer qualifies for support. You must take affirmative steps to recalculate future support for the remaining child or children and ask the court to enter a revised support order. When the last child no longer qualifies for child support, the support obligation ends if there is no past due support owed.

Can child support be modified?

Yes. In Oklahoma, either parent may request a modification of the amount of child support based upon a “material change in circumstances.” The increase or decrease in either parent’s income may constitute a material change in circumstances warranting a modification.

What happens if a parent who is ordered to pay child support fails to pay?

The parent who fails or refuses to pay their child support obligation can be cited for indirect contempt of court, which if found guilty can result in a $500 fine and/or up to six months in jail. Additionally, state licenses can be revoked, suspended or not renewed.

 

Robert K. Campbell is a family law attorney with Phillips Murrah.

Phillips Murrah attorneys judge Calvert Moot Court competition

Attorneys Robert Campbell, Cody Cooper, and Kayce Gisinger volunteer to judge OU College of Law’s Calvert Moot Court competition.

Phillips Murrah attorneys Robert Campbell, Cody Cooper, and Kayce Gisinger are flipping the script by judging in the University of Oklahoma College of Law’s Calvert Moot Court competition this week.

During the annual competition, second and third year law students compete as teams against one another in a series of rounds and those with the best records advance to the finals. Each attorney volunteered to act as a judge for preliminary rounds of competition.

“The students did an excellent job and their hard work and preparation definitely showed through their presentation and analysis of complex constitutional issues,” Cooper said. “I really enjoy getting to go back to the school and volunteer to help the law students because it is an opportunity to help students develop and also lets me take an objective look at what presentation methods are persuasive and effective so that I can carry those observations over into my own practice.”

This year the competition revolves around the case of Kansas v. Carr, No. 14-450, pending in the U.S. Supreme Court.  The arguments are centered around the appropriate weight given to mitigating circumstances in a capital sentencing, said Leann Farha, a student at OU College of Law who helped organize the teams for the competition.

“One of the most valuable aspects of a competition is the participation of the judges,” she said. “The judges in each round provide feedback that will not only help students during the competition, but will also impact their future legal careers.”

The prizes are as follows: $500 each for the winning team, $250 each for the first runner-up, and $100 for the best individual speaker, said Mitch McGrew, External Relations Director for the Board of Advocates at OU College of Law.

The final round of the competition will take place at noon on Friday, October 30 in OU’s Bell Courtroom for those interested in attending.

To follow along and get more information about the competition, visit the OU Board of Advocates Facebook page here or follow them on Twitter here.

 

 

Nicholle Jones Edwards Joins Phillips Murrah to Lead Family Law Practice

Established Family Law Attorney, Nicholle Jones Edwards and Robert Campbell Join Business Law Firm, Phillips Murrah, to Serve Clients’ Personal and Professional Legal Needs

OKLAHOMA CITY, OK, NOVEMBER 4, 2013 — Phillips Murrah is pleased to announce that, attorney Nicholle Jones Edwards, has joined the firm and will chair its new Family Law Practice. Edwards, along with family-law attorneys Robert Campbell and Kenneth Tillotson, will complement the firm’s tax and estate planning practice areas, expanding the firm’s capacity to resolve personal legal matters. Though widely recognized as a firm that represents the interests of businesses, the addition of a Family Law practice provides Phillips Murrah the ability to collaboratively meet the needs of its clients, where their business and personal needs intersect.

Edwards, who brings an established, well-respected family law practice, with an emphasis in representing clients in divorce, asset valuation, and custody matters, was most-recently a partner with the Oklahoma City law firm of Mullins, Hirsch, Edwards, Heath, White, & Martinez PC. She has served as the co-chair of the Oklahoma County Bar Association’s Family Law Section and is a speaker on family law issues.

“As a family law attorney, I have the great fortune of positively influencing the lives of my clients through a period of crisis,” said Edwards. “I have an opportunity to make a difference in their lives and the lives of their children and families.”

“Through representing businesses, we develop trusted personal relationships that are highly-valued throughout our clients’ personal and professional lives. Realizing the connection between the two is key to the longevity of any firm,” said Tom Wolfe, president and managing partner of Phillips Murrah.

The Family Law Practice Group will offer services in all aspects of family law including: divorce, child custody, child visitation, alimony, child support, property division, division of retirement benefits, tax consequences of divorce, paternity, prenuptial agreements, and all ancillary matters surrounding divorce.

About Phillips Murrah
Phillips Murrah is represented by more than 65 attorneys, 20 practice areas, and is one of Oklahoma’s leading business law firms. The Firm is recognized for providing multidisciplinary legal services in matters involving virtually all aspects of business law and litigation. Our attorneys are trusted legal advisors and strategic partners, focused on our clients’ objectives, and helping them achieve their goals. For more information, visit: www.phillipsmurrah.com