{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-118h","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-118H","heading":"Deviation from guidelines child support amount","body":"A. No deviation in the amount of the child support obligation\n\nshall be made which seriously impairs the ability of the obligee in\n\nthe case under consideration to maintain minimally adequate housing,\n\nfood, and clothing for the children being supported by the order or\n\nto provide other basic necessities, as determined by the court.\n\nB. 1. The district or administrative court may deviate from\n\nthe amount of child support indicated by the child support\n\nguidelines if the deviation is in the best interests of the child,\n\nand:\n\n2. a. the amount of support so indicated is unjust or\n\ninappropriate under the circumstances,\n\nb. the parties are represented by counsel and have agreed\n\nto a different disposition, or\n\nc. one party is represented by counsel and the deviation\n\nbenefits the unrepresented party.\n\nC. If the district or administrative court deviates from the\n\namount of child support indicated by the child support guidelines,\n\nthe court shall make specific findings of fact supporting such\n\naction. The findings of fact shall include:\n\n1. The reasons the court deviated from the presumptive amount\n\nof child support that would have been paid pursuant to the\n\nguidelines,\n\n2. The amount of child support that would have been required\n\nunder the guidelines if the presumptive amount had not been\n\nrebutted, and\n\n3. A finding by the court that states how, in its\n\ndetermination:\n\na. the best interests of the child who is subject to the\n\nsupport award determination are served by deviation\n\nfrom the presumptive guideline amount, and\n\nb. application of the guidelines would be unjust or\n\ninappropriate in the particular case before the\n\ntribunal.\n\nD. In instances of extreme economic hardship, deviation from\n\nthe guidelines may be considered when the court finds the deviation\n\nis supported by the evidence and is not detrimental to the best\n\ninterests of the child before the court.\n\nE. If a parent is residing with a child with extraordinary\n\nmedical needs not covered by insurance or other special needs, the\n\ncourt must consider all resources available for meeting such needs,\n\nincluding those available from public agencies and other responsible\n\nadults.\n\nF. In cases where the child is in the legal custody of the\n\nDepartment of Human Services, the child protection or foster care\n\nagency of another state or territory, or any other child-caring\n\nentity, public or private, the court may consider a deviation from\n\nthe presumptive child support order if the deviation will assist in\n\naccomplishing a permanency plan or foster care plan for the child\n\nthat has a goal of returning the child to the parent, and the\n\nparents need to establish an adequate household or to otherwise\n\nadequately prepare herself or himself for the return of the child\n\nclearly justifies a deviation for this purpose.\n\nG. Extraordinary educational expenses.\n\n1. Extraordinary educational expenses may be added to the\n\npresumptive child support as a deviation. Extraordinary educational\n\nexpenses include, but are not limited to, tuition, room and board,\n\nbooks, fees, and other reasonable and necessary expenses associated\n\nwith special needs education for a child with a disability under the\n\nIndividuals with Disabilities Educational Act that are appropriate\n\nto the financial abilities of the parent.\n\n2. In determining the amount of deviation for extraordinary\n\neducational expenses, scholarships, grants, stipends, and other\n\ncost-reducing programs received by or on behalf of the child shall\n\nbe considered.\n\nH. Special expenses.\n\n1. Special expenses incurred for child rearing which can be\n\nquantified may be added to the child support obligation as a\n\ndeviation from the Current Monthly Child Support Obligation. Such\n\nexpenses include, but are not limited to, private school tuition,\n\ncamp, music or art lessons, travel, school-sponsored extra-\nreceived by or on behalf of the child shall\n\nbe considered.\n\nH. Special expenses.\n\n1. Special expenses incurred for child rearing which can be\n\nquantified may be added to the child support obligation as a\n\ndeviation from the Current Monthly Child Support Obligation. Such\n\nexpenses include, but are not limited to, private school tuition,\n\ncamp, music or art lessons, travel, school-sponsored extra-\n\ncurricular activities, such as band, clubs, and athletics, and other\n\nactivities intended to enhance the athletic, social or cultural\n\ndevelopment of a child, but that are not otherwise required to be\n\nused in calculating the child support order as are health insurance\n\npremiums and work-related child care costs.\n\n2. Some factors the court may consider in determining whether\n\nto deviate for such extraordinary expenses include: a history of\n\nexpenditure for such activities, the financial ability of the\n\nparents to provide such activities, and that the child has exhibited\n\nan extraordinary aptitude for the activity.\n\n3. In determining the amount of deviation for extraordinary\n\neducational expenses, scholarships, grants, stipends, and other\n\ncost-reducing programs received by or on behalf of the child shall\n\nbe considered.","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":"4d8fc97564b9b292ac2c19cb9a5535c5ee94cf8703de82fa07758ae79e261364","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-118g","next":"us-ok/okla.-stat.-tit.-43-43-118i"},"notice":"GroundRules: Original legal text. Not legal advice."}