Okla. Stat. tit. 43, § 43-118H: Deviation from guidelines child support amount

A. No deviation in the amount of the child support obligation

shall be made which seriously impairs the ability of the obligee in

the case under consideration to maintain minimally adequate housing,

food, and clothing for the children being supported by the order or

to provide other basic necessities, as determined by the court.

B. 1. The district or administrative court may deviate from

the amount of child support indicated by the child support

guidelines if the deviation is in the best interests of the child,

and:

2. a. the amount of support so indicated is unjust or

inappropriate under the circumstances,

b. the parties are represented by counsel and have agreed

to a different disposition, or

c. one party is represented by counsel and the deviation

benefits the unrepresented party.

C. If the district or administrative court deviates from the

amount of child support indicated by the child support guidelines,

the court shall make specific findings of fact supporting such

action. The findings of fact shall include:

1. The reasons the court deviated from the presumptive amount

of child support that would have been paid pursuant to the

guidelines,

2. The amount of child support that would have been required

under the guidelines if the presumptive amount had not been

rebutted, and

3. A finding by the court that states how, in its

determination:

a. the best interests of the child who is subject to the

support award determination are served by deviation

from the presumptive guideline amount, and

b. application of the guidelines would be unjust or

inappropriate in the particular case before the

tribunal.

D. In instances of extreme economic hardship, deviation from

the guidelines may be considered when the court finds the deviation

is supported by the evidence and is not detrimental to the best

interests of the child before the court.

E. If a parent is residing with a child with extraordinary

medical needs not covered by insurance or other special needs, the

court must consider all resources available for meeting such needs,

including those available from public agencies and other responsible

adults.

F. In cases where the child is in the legal custody of the

Department of Human Services, the child protection or foster care

agency of another state or territory, or any other child-caring

entity, public or private, the court may consider a deviation from

the presumptive child support order if the deviation will assist in

accomplishing a permanency plan or foster care plan for the child

that has a goal of returning the child to the parent, and the

parents need to establish an adequate household or to otherwise

adequately prepare herself or himself for the return of the child

clearly justifies a deviation for this purpose.

G. Extraordinary educational expenses.

1. Extraordinary educational expenses may be added to the

presumptive child support as a deviation. Extraordinary educational

expenses include, but are not limited to, tuition, room and board,

books, fees, and other reasonable and necessary expenses associated

with special needs education for a child with a disability under the

Individuals with Disabilities Educational Act that are appropriate

to the financial abilities of the parent.

2. In determining the amount of deviation for extraordinary

educational expenses, scholarships, grants, stipends, and other

cost-reducing programs received by or on behalf of the child shall

be considered.

H. Special expenses.

1. Special expenses incurred for child rearing which can be

quantified may be added to the child support obligation as a

deviation from the Current Monthly Child Support Obligation. Such

expenses include, but are not limited to, private school tuition,

camp, music or art lessons, travel, school-sponsored extra-

received by or on behalf of the child shall

be considered.

H. Special expenses.

1. Special expenses incurred for child rearing which can be

quantified may be added to the child support obligation as a

deviation from the Current Monthly Child Support Obligation. Such

expenses include, but are not limited to, private school tuition,

camp, music or art lessons, travel, school-sponsored extra-

curricular activities, such as band, clubs, and athletics, and other

activities intended to enhance the athletic, social or cultural

development of a child, but that are not otherwise required to be

used in calculating the child support order as are health insurance

premiums and work-related child care costs.

2. Some factors the court may consider in determining whether

to deviate for such extraordinary expenses include: a history of

expenditure for such activities, the financial ability of the

parents to provide such activities, and that the child has exhibited

an extraordinary aptitude for the activity.

3. In determining the amount of deviation for extraordinary

educational expenses, scholarships, grants, stipends, and other

cost-reducing programs received by or on behalf of the child shall

be considered.