{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-118e","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-118E","heading":"Parenting time adjustment - Reduction in child support","body":"obligation.\n\nA. Parenting time adjustment.\n\n1. The adjustment may be granted based upon a court order or\n\nagreement that the noncustodial parent is granted at least one\n\nhundred twenty-one (121) overnights of parenting time per twelve-\n\nmonth period with the children in the case under consideration.\n\n2. Average parenting time. If there are multiple children for\n\nwhom support is being calculated, and the parent seeking the\n\nparenting time adjustment is spending a different amount of time\n\nwith each child, then an annual average of parenting time with all\n\nof the children shall be calculated.\n\nB. In cases of split physical custody, either parent may be\n\neligible for a parenting time adjustment.\n\nC. Parenting time adjustments are not mandatory, but\n\npresumptive. The presumption may be rebutted in a case where the\n\ncircumstances indicate the adjustment is not in the best interest of\n\nthe child or that the increased parenting time by the noncustodial\n\nparent does not result in greater expenditures which would justify a\n\nreduction in the support obligation.\n\nD. Reduction in child support obligation for additional\n\nparenting time.\n\n1. If the parent receiving the parenting time adjustment is\n\ngranted one hundred twenty-one (121) or more overnights of parenting\n\ntime per twelve-month period with a child, or an average of one\n\nhundred twenty-one (121) overnights with all applicable children, a\n\nreduction to the child support obligation of the parent may be made\n\nas set forth in this section.\n\n2. A parenting time adjustment shall be made to the base\n\nmonthly child support obligation by the following formula: The\n\ntotal combined base monthly child support obligation shall be\n\nmultiplied by a factor determined by the number of overnights\n\ngranted to the noncustodial parent. The result shall be designated\n\nthe adjusted combined child support obligation. In a case where the\n\nnoncustodial parent is granted:\n\na. one hundred twenty-one (121) overnights to one hundred\n\nthirty-one (131) overnights, the factor shall be two\n\n(2),\n\nb. one hundred thirty-two (132) overnights to one hundred\n\nforty-three (143) overnights, the factor shall be one\n\nand three-quarters (1.75), or\n\nc. one hundred forty-four (144) or more overnights, the\n\nfactor shall be one and one-half (1.5).\n\n3. To determine the adjusted child support obligation of each\n\nparent, the adjusted combined child support obligation shall be\n\ndivided between the parents in proportion to their respective\n\nadjusted gross incomes.\n\n4. a. The percentage of time a child spends with each parent\n\nshall be calculated by determining the number of\n\novernights for each parent and dividing that number by\n\nthree hundred sixty-five (365).\n\nb. The share of the adjusted combined child support\n\nobligation for each parent shall then be multiplied by\n\nthe percentage of time the child spends with the other\n\nparent to determine the base child support obligation\n\nowed to the other parent.\n\nc. The respective adjusted base child support obligations\n\nfor each parent are then offset, with the parent owing\n\nmore base child support paying the difference between\n\nthe two amounts to the other parent. The base child\n\nsupport obligation of the parent owing the lesser\n\namount is then set at zero dollars ($0.00).\n\n5. The parent owing the greater amount of base child support\n\nshall pay the difference between the two amounts as a child support\n\norder. In no event shall the provisions of this paragraph be\n\nconstrued to authorize or allow the payment of child support by a\n\nparent having more than two hundred five (205) overnights. In no\n\nevent shall the amount of child support ordered to be paid by a\n\nparent exceed the amount which would otherwise be ordered if the\n\nparent was not eligible for the parenting time adjustment.\n\nE. 1. Failure to exercise or exercising more than the number\n\nof overnights upon which the parenting time adjustment is based, is\nsupport by a\n\nparent having more than two hundred five (205) overnights. In no\n\nevent shall the amount of child support ordered to be paid by a\n\nparent exceed the amount which would otherwise be ordered if the\n\nparent was not eligible for the parenting time adjustment.\n\nE. 1. Failure to exercise or exercising more than the number\n\nof overnights upon which the parenting time adjustment is based, is\n\na material change of circumstances.\n\n2. If the court finds that the obligor has failed to exercise a\n\nsignificant number of the overnights provided in the court order\n\nnecessary to receive the parenting time adjustment, in a proceeding\n\nto modify the child support order, the court may establish the\n\namount that the obligor has underpaid due to the application of the\n\nparenting time adjustment as a child support judgment that may be\n\nenforced in the same manner as any other child support judgment.\n\n3. The court may rule that the obligor will not receive the\n\nparenting time adjustment for the next twelve-month period. After a\n\ntwelve-month period during which the obligor did not receive the\n\nparenting time adjustment, the obligor may petition the court to\n\nmodify the child support order. The obligor may be granted a\n\nprospective parenting time adjustment upon a showing that the\n\nobligor has actually exercised the threshold number of overnights in\n\nthe preceding twelve (12) months. No retroactive modification or\n\ncredit from the child support guidelines amount shall be granted\n\nbased on this section.","path":["OK Code","Title 43"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"afb14f5502fe27abead902bb53eed54af4f92d4cce067e080ced03b46a89f8f6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-118d","next":"us-ok/okla.-stat.-tit.-43-43-118f"},"notice":"GroundRules: Original legal text. Not legal advice."}