{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-118i","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-118I","heading":"Modification of child support orders","body":"A. 1. Child support orders may be modified upon a material\n\nchange in circumstances which includes, but is not limited to, an\n\nincrease or decrease in the needs of the child, an increase or\n\ndecrease in the income of the parents, incarceration of a parent for\n\na time period of more than one hundred eighty (180) consecutive\n\ndays, changes in actual annualized child care expenses, changes in\n\nthe cost of medical or dental insurance or when one of the children\n\nin the child support order reaches the age of majority or otherwise\n\nceases to be entitled to support pursuant to the support order. The\n\ncourt shall apply the principles of equity in modifying any child\n\nsupport order due to changes in the circumstances of either party as\n\nit relates to the best interests of the children.\n\n2. Modification of the Child Support Guideline Schedule shall\n\nnot alone be a material change in circumstances for child support\n\norders.\n\n3. An order of modification shall be effective on the first day\n\nof the month following the date the motion to modify was filed,\n\nunless the parties agree to another date or the court makes a\n\nspecific finding of fact that the material change of circumstance\n\ndid not occur until a later date.\n\nB. 1. A child support order shall not be modified\n\nretroactively regardless of whether support was ordered in a\n\ntemporary order, a decree of divorce, an order establishing\n\npaternity, modification of an order of support, or other action to\n\nestablish or to enforce support.\n\n2. All final orders shall state whether past-due support and\n\ninterest have accrued pursuant to any temporary order and the amount\n\ndue, if any; however, failure to state a past-due amount shall not\n\nbar collection of that amount after entry of the final support\n\norder.\n\nC. The amount of a child support order shall not be construed\n\nto be an amount per child unless specified by the district or\n\nadministrative court in the order. A child reaching the age of\n\nmajority or otherwise ceasing to be entitled to support pursuant to\n\nthe support order shall constitute a material change in\n\ncircumstances but shall not automatically serve to modify the order.\n\nWhen the last child of the parents ceases to be entitled to support,\n\nthe child support obligation is automatically terminated as to\n\nprospective child support only.\n\nD. 1. When a child support order is entered or modified, the\n\nparents may agree, or the district or administrative court may\n\nrequire a periodic exchange of information for an informal review\n\nand adjustment process.\n\n2. When an existing child support order does not contain a\n\nprovision which requires an informal review and adjustment process,\n\neither parent may request the other parent to provide the\n\ninformation necessary for the informal review and adjustment\n\nprocess. Information shall be provided to the requesting parent\n\nwithin forty-five (45) days of the request.\n\n3. Requested information may include verification of income,\n\nproof and cost of medical insurance of the children, and current and\n\nprojected child care costs. If shared parenting time has been\n\nawarded by the court, documentation of past and prospective\n\novernight visits shall be exchanged.\n\n4. Exchange of requested information may occur once a year or\n\nless often, by regular mail.\n\n5. a. If the parents agree to a modification of a child\n\nsupport order, their agreement shall be in writing\n\nusing standard modification forms and the child\n\nsupport computation form provided for in Section 120\n\nof this title.\n\nb. The standard modification forms and the standard child\n\nsupport computation form shall be submitted to the\n\ndistrict or administrative court. Either court shall\n\nreview the modification forms to confirm that the\n\nchild support obligation complies with the child\n\nsupport guidelines or, if agreed to by the parties,\nily Page 97\n\nsupport computation form provided for in Section 120\n\nof this title.\n\nb. The standard modification forms and the standard child\n\nsupport computation form shall be submitted to the\n\ndistrict or administrative court. Either court shall\n\nreview the modification forms to confirm that the\n\nchild support obligation complies with the child\n\nsupport guidelines or, if agreed to by the parties,\n\nthe court may approve a deviation from the child\n\nsupport guidelines as provided in subsection B of\n\nSection 118H of this title. If the court approves the\n\nmodification forms, they shall be filed with the\n\ncourt.\n\nE. After November 1, 2021, there shall be a rebuttable\n\npresumption that an obligor who is incarcerated for a period of one\n\nhundred eighty (180) or more consecutive days is unable to pay child\n\nsupport.\n\n1. The obligor's child support obligation shall be abated\n\nwithout court action effective the first day of the month following\n\nthe date of entry into the correctional facility or jail and shall\n\nnot accrue for the duration of the incarceration unless the\n\npresumption is rebutted by a showing of means to pay as provided in\n\nSection 118B of this title.\n\n2. Upon release from incarceration, the monthly child support\n\nobligation shall revert to the pre-incarceration order amount\n\nbeginning the first day of the month following a lapse of ninety\n\n(90) calendar days after release from incarceration.\n\n3. The abatement of a monthly support obligation under this\n\nsubsection shall not affect any past-due support that has accrued\n\nprior to the abatement of the obligation.\n\n4. If any of the crimes for which the obligor is incarcerated\n\nare a result of indirect contempt of court for failure to pay child\n\nsupport, the crime of omission to provide child support or for any\n\noffense for which the obligee's dependent child or the obligee was a\n\nvictim, the abatement shall not be presumed and the child support\n\nobligation shall continue to accrue.","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":"0c2de90f1a16605d37cfae70d732a5647ddc1fcb9e8ab550524b11e6d03db452","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-118h","next":"us-ok/okla.-stat.-tit.-43-43-119"},"notice":"GroundRules: Original legal text. Not legal advice."}