reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-104.1. District court referees.

A. If funding is available, presiding judges of the district court may appoint court referees in their judicial districts to hear designated cases as assigned by the presiding judge.
B. Reasonable compensation for the referees shall be fixed by that presiding judge.
C. A referee shall meet the requirements and perform their duties in the same manner and procedure as set forth in Sections 1-8-103 and 2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees appointed in juvenile proceedings.
Added by Laws 2002, c. 400, § 9, eff. Nov 1, 2002. Amended by Laws 2009, c. 234, § 136, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-105. Petition and summons.

A. A proceeding for dissolution of marriage, an annulment of a marriage, or a legal separation shall be titled "In re the Marriage of _______ and ______".
B. The initial pleading in all proceedings under this title shall be denominated a petition. The person filing the petition shall be called the petitioner. A responsive pleading shall be denominated a response. The person filing the responsive pleading shall be called the respondent. Other pleadings shall be denominated as provided in the Rules of Civil Procedure, except as otherwise provided in this section.
C. The petition must be verified as true, by the affidavit of the petitioner.
D. A summons may issue thereon, and shall be served, or publication made, as in other civil cases.
E. Wherever it occurs in this title or in any other title of the Oklahoma Statutes or in any forms or court documents prepared pursuant to the provisions of the Oklahoma Statutes, the term “divorce” shall mean and be deemed to refer to a “dissolution of marriage” unless the context or subject matter otherwise requires.
R.L. 1910, § 4964. Amended by Laws 1973, c. 262, § 6, operative July 1, 1973. Renumbered from § 1273 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 2002, c. 400, § 3, eff. Nov. 1, 2002; Laws 2003, c. 302, § 1, emerg. eff. May 28, 2003.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-106. Response.

A. The respondent, in his or her response, may allege a cause for a dissolution of marriage, annulment of the marriage or legal separation against the petitioner, and may have the same relief thereupon as he or she would be entitled to for a like cause if he or she were the petitioner.
B. When new matter is set up in the answer, it shall be verified as to such new matter by the affidavit of the respondent.
R.L. 1910, § 4965. Renumbered from § 1274 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 2002, c. 400, § 4, eff. Nov. 1, 2002; Laws 2003, c. 302, § 2, emerg. eff. May 28, 2003.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-107.1. Actions where minor child involved - Delayed final order - Waiver - Completion of educational program - Exceptions.

A. 1. In an action for divorce where there are minor children involved, the court shall not issue a final order thereon for at least ninety (90) days from the date of filing the petition which ninety (90) days may be waived by the court for good cause shown and without objection by either party.
2. The court may require that within the ninety-day period specified by paragraph 1 of this subsection, the parties attend and complete an educational program specified by Section 107.2 of this title.
B. This section shall not apply to divorces filed for any of the following causes:
1. Abandonment for one (1) year;
2. Extreme cruelty;
3. Habitual drunkenness;
4. Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed;
5. The procurement of a final divorce decree outside this state by a husband or wife which does not in this state release the other party from the obligations of the marriage;
6. Insanity for a period of five (5) years, the insane person having been an inmate of a state institution for the insane in the State of Oklahoma, or an inmate of a state institution for the insane in some other state for such period, or an inmate of a private sanitarium, and affected with a type of insanity with a poor prognosis for recovery;
7. Conviction of any crime defined by the Oklahoma Child Abuse Reporting and Prevention Act committed upon a child of either party to the divorce by either party to the divorce; or
8. A child of either party has been adjudicated deprived, pursuant to the Oklahoma Children’s Code, as a result of the actions of either party to the divorce and the party has not successfully completed the service and treatment plan required by the court.
C. After a petition has been filed in an action for divorce where there are minor children involved, the court may make any such order concerning property, children, support and expenses of the suit as provided for in Section 110 of this title, to be enforced during the pendency of the action, as may be right and proper.
D. The court may issue a final order in an action for divorce where minor children are involved before the ninety-day time period set forth in subsection A of this section has expired, if the parties voluntarily participate in marital or family counseling and the court finds reconciliation is unlikely.
Added by Laws 1992, c. 243, § 1, eff. Sept. 1, 1992. Amended by Laws 1994, c. 124, § 1, eff. Sept. 1, 1994; Laws 1996, c. 131, § 7, eff. Jan. 1, 1997; Laws 2002, c. 445, § 16, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-107.4. Motion for an emergency custody hearing.

A. In a court proceeding concerning child custody or visitation, a motion for an emergency custody hearing shall include an independent report, if available, to include but not be limited to, a police report or a report from the Department of Human Services, that demonstrates that the child is in surroundings which endanger the safety of the child and that if such conditions continue, the child would likely be subject to irreparable harm. If there is no such report, the motion shall include a notarized affidavit from an individual with personal knowledge that the child is in surroundings which endanger the safety of the child and that not granting the motion would likely cause irreparable harm to the child. Upon receipt of the motion for emergency custody with supporting documentation, the court shall have seventy-two (72) hours to conduct a hearing. If the court fails to conduct a hearing within such time, the movant may present such motion to the presiding judge of the judicial district, who shall conduct an emergency custody hearing within twenty-four (24) hours of receipt of the motion.
B. If the court finds that any relevant information provided to the court upon which the court relied to make its emergency custody decision to be false, the court shall assess against the movant all costs, attorney fees, and other expenses incurred as a result of such emergency custody hearing. The movant shall pay all such costs, fees and expenses within thirty (30) days. Failure to make such payment shall be grounds for contempt, punishable by six (6) months in the county jail, a fine not to exceed One Thousand Dollars ($1,000.00), or both such imprisonment and fine.
Added by Laws 2010, c. 350, § 1, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-108. Parties in equal wrong - Custody of children - Disposition of property.

That the parties appear to be in equal wrong shall not be a basis for refusing to grant a divorce, but if a divorce is granted in such circumstances, it shall be granted to both parties. In any such case or where the court grants alimony without a divorce or in any case where a divorce is refused, the court may for good cause shown make such order as may be proper for the custody, maintenance and education of the children, and for the control and equitable division and disposition of the property of the parties, or of either of them, as may be proper, equitable and just, having due regard to the time and manner of acquiring such property, whether the title thereto be in either or both of said parties.
R.L.1910, § 4966; Laws 1955, p. 142, § 1. Renumbered from Title 12, § 1275 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-109.1. Custody during parents' separation.

If the parents of a minor unmarried child are separated without being divorced, the judge of the district court, upon application of either parent, may issue any civil process necessary to inquire into the custody of said minor unmarried child. The court may award the custody of said child to either party or both, in accordance with the best interests of the child, for such time and pursuant to such regulations as the case may require. The decision of the judge shall be guided by the rules prescribed in Section 2 of this act.
R.L. 1910, § 4384. Amended by Laws 1975, c. 352, § 1, emerg. eff. June 12, 1975; Laws 1983, c. 269, § 1, operative July 1, 1983. Renumbered from Title 10, § 21 by Laws 1990, c. 188, § 4, eff. Sept. 1, 1990.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-109.2. Paternity determination.

A. Except as otherwise provided by Section 7700-607 of Title 10 of the Oklahoma Statutes, in any action concerning the custody of a minor unmarried child or the determination of child support, the court may determine if the parties to the action are the parents of the children. In a paternity action, prior to genetic testing to establish paternity pursuant to the Uniform Parentage Act, the court may award custody to the presumed father if it would be in the best interests of the child. As used in this subsection, "presumed father" means a man who, by operation of law under Section 7700-204 of Title 10 of the Oklahoma Statutes, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.
B. If the parties to the action are the parents of the children, the court may determine which party should have custody of said children, may award child support to the parent to whom it awards custody, and may make an appropriate order for payment of costs and attorney fees.
Added by Laws 1976, c. 137, § 1, operative Oct. 1, 1976. Renumbered from § 1277.2 of Title 12 by Laws 1994, c. 356, § 35, eff. Sept. 1, 1994. Amended by Laws 1997, c. 403, § 5, eff. Nov. 1, 1997; Laws 2008, c. 99, § 5, eff. Nov. 1, 2008; Laws 2015, c. 133, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-109.3. Custody, guardianship or visitation cases - Evidence of domestic abuse.

In every case involving the custody of, guardianship of or visitation with a child, the court shall consider evidence of domestic abuse, stalking and/or harassing behavior properly brought before it. If the occurrence of domestic abuse, stalking or harassing behavior is established by a preponderance of the evidence, there shall be a rebuttable presumption that it is not in the best interest of the child to have custody, guardianship, or unsupervised visitation granted to the person against whom domestic abuse, stalking or harassing behavior has been established.
Added by Laws 2006, c. 284, § 7, emerg. eff. June 7, 2006.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-109.5. Voluntary relinquishment of physical custody –Presumption.

When an order has been entered which provides for payment of child support and the legal custodian places physical custody of the child with any person, subject to the provisions of the Oklahoma Children's Code or this title, without obtaining a modification of the order to change legal custody, the placement of the physical custody, by operation of law, shall create a presumption that such person with whom the child was placed has legal physical custody of the child for the purposes of the payment of child support and the obligee shall remit such child support obligation to the person with whom the placement was made.
Added by Laws 1987, c. 230, § 20, eff. Oct. 1, 1987. Amended by Laws 1998, c. 415, § 46, emerg. eff. June 11, 1998. Renumbered from § 38 of Title 10 by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998. Renumbered from § 7202.3 of Title 10 by Laws 2009, c. 233, § 208, emerg. eff. May 21, 2009. Amended by Laws 2010, c. 358, § 9, emerg. eff. June 7, 2010.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-109.6. Certain information and records to be available to both custodial and noncustodial parent.

Any information or any record relating to a minor child which is available to the custodial parent of the child, upon request, shall also be provided the noncustodial parent of the child. Provided, however, that this right may be restricted by the court, upon application, if such action is deemed necessary in the best interests of the child. For the purpose of this section, "information" and "record" shall include, but not be limited to, information and records kept by the school, physician and medical facility of the minor child.
Added by Laws 1982, c. 99, § 1, operative Oct. 1, 1982. Renumbered from § 5.2 of Title 10 by Laws 2009, c. 233, § 198, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-110.1. Shared parenting - Policy.

It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage. The court may consider evidence of the ability of the parents to cooperate on issues related to their minor children, as well as evidence of domestic violence, stalking, or harassment as defined in Section 109 of this title. To effectuate this policy, if requested by a parent, the court may provide substantially equal access to the minor children to both parents at a temporary order or final hearing, unless the court finds that shared parenting would be detrimental to the child. The court shall issue findings of fact and conclusions of law to support its decision after a final hearing on the merits.
Added by Laws 1999, c. 301, § 3, eff. Nov. 1, 1999. Amended by Laws 2001, c. 61, § 1, eff. Nov. 1, 2001; Laws 2009, c. 307, § 2, eff. Nov. 1, 2009; Laws 2021, c. 445, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-110.2. Blood, saliva, urine or any other tests – Child custody or visitation.

In any action in which the custody of or the visitation with a child is a relevant fact and at issue, the court may order the mother, the child or father to submit to blood, saliva, urine or any other test deemed necessary by the court in determining that the custody of or visitation with the child will be in the best interests of the child. If so ordered and any party or child refuses to submit to such tests, the court may enforce its order if the rights of others and the interests of justice so require unless such individual is found to have good cause for refusing to cooperate.
Added by Laws 2004, c. 422, § 2, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-111. Indirect contempt for disobedience of certain orders relating to divorce or separate maintenance actions.

Any order pertaining to the division of property pursuant to a divorce or separate maintenance action, if willfully disobeyed, may be enforced as an indirect contempt of court.
Added by Laws 1982, c. 14, § 1. Renumbered from Title 12, § 1276.2 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1992, c. 252, § 2, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-111.2. Civil action for child stealing.

Any person who is not a party to a child custody proceeding, and who intentionally removes, causes the removal of, assists in the removal of, or detains any child under eighteen (18) years of age with intent to deny another person's right to custody of the child or visitation under an existing court order shall be liable in an action at law. Remedies available pursuant to this section are in addition to any other remedies available by law or equity and may include, but shall not be limited to, the following:
1. Damages for loss of service, society, and companionship;
2. Compensatory damages for reasonable expenses incurred in searching for the missing child or attending court hearings; and
3. The prevailing party in such action shall be awarded reasonable attorney fees.
Added by Laws 1995, c. 219, § 1, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-111.4. Protection of child from child abuse or neglect or domestic violence by parent – Suspension of visitation.

A. A parent who, in good faith and with a reasonable belief supported by fact, determines that the child of that parent is the victim of child abuse or neglect, or suffers from effects of domestic violence, may take necessary actions to protect the child, including refusing to permit visitation.
B. In cases in which there is evidence to substantiate suspected or confirmed child abuse or neglect, visitation shall be suspended.
Added by Laws 2009, c. 307, § 4, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-112.2A. Parent's right to change child's residence.

A parent entitled to the custody of a child has a right to change his residence, subject to the power of the district court to restrain a removal which would prejudice the rights or welfare of the child.
R.L. 1910, § 4382. Renumbered from § 19 of Title 10 by Laws 2009, c. 233, § 202, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-112.4. No duty to maintain stepchildren.

A stepparent is not required to maintain his or her spouse’s children from a prior relationship.
R.L.1910, § 4378. Amended by Laws 2009, c. 233, § 1, emerg. eff. May 21, 2009. Renumbered from § 15 of Title 10 by Laws 2009, c. 233, § 200, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-112.6. Awarding of attorney fees and costs – Victim of domestic violence or stalking.

In a dissolution of marriage or separate maintenance or custody proceeding, a victim of domestic violence or stalking shall be entitled to reasonable attorney fees and costs after the filing of a petition, upon application and a showing by a preponderance of evidence that the party is currently being stalked or has been stalked or is the victim of domestic abuse. The court shall order that the attorney fees and costs of the victimized party for the proceeding be substantially paid for by the abusing party prior to and after the entry of a final order.
Added by Laws 2009, c. 307, § 5, eff. Nov. 1, 2009.
NOTE: Editorially renumbered from § 112.4 of this title to provide consistency in numbering.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-112A. Central case registry on IV─-D cases and child support orders.

A. 1. The Child Support Enforcement Division of the Department of Human Services shall maintain a central case registry on all Title IV-D cases and all child support orders established or modified in this state after October 1, 1998. Title IV-D cases are cases in which child support services are being provided under the state child support plan as provided under Section 237 of Title 56 of the Oklahoma Statutes.
2. In Title IV-D cases, the case registry shall include, but not be limited to, information required to be transmitted to the federal case registry pursuant to 42 U.S.C., Section 654A.
3. In cases in which child support services are not being provided under the state child support plan as provided under Section 237 of Title 56 of the Oklahoma Statutes and in which a child support order is established or modified in this state after October 1, 1998, the case registry shall include, but not be limited to, information required to be transmitted to the federal case registry pursuant to 42 U.S.C., Section 654A, and information from the support order summary form provided for in Section 120 of Title 43 of the Oklahoma Statutes.
B. 1. All orders entered after October 31, 2001, which establish paternity or establish, modify or enforce a child support obligation shall state for all parties and custodians subject to the order:
a.
an address of record for service of process in support, visitation and custody actions, and
b.
the address of record may be different from the party’s or custodian’s physical address.
2. The address shall be maintained by the central case registry. The order shall direct that any changes in the address of record shall be provided in writing to the central case registry within thirty (30) days of the change. The address of record is subject to disclosure to a party or custodian upon request pursuant to the provisions of this section and rules promulgated by the Department of Human Services. The Department of Human Services may refuse to disclose address and location information if the Department has reasonable evidence of domestic violence or child abuse and the disclosure of such information could be harmful to a party, custodian or child.
C. 1. All parties and custodians ordered to provide an address of record to the central case registry as specified in this section may, in subsequent child support actions, be served with process by regular mail to the last address of record provided to the central case registry.
2. Proof of service shall be made by a certificate of mailing from a United States Post Office, or in child support cases where services are being provided under the state child support plan, by a certificate of mailing from the child support representative.
D. The Department of Human Services shall promulgate rules as necessary to implement the provisions of this section.
Added by Laws 1997, c. 402, § 11, eff. July 1, 1997. Amended by Laws 2001, c. 407, § 4, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-113. Preference of child – Record of interview.

A. In any action or proceeding in which a court must determine custody or limits to or periods of visitation, the child may express a preference as to which of the parents the child wishes to have custody or limits to or periods of visitation.
B. The court shall first determine whether the best interest of the child will be served by allowing the child to express a preference as to which parent should have custody or limits to or periods of visitation with either parent. If the court so finds, then the child may express such preference or give other testimony.
C. There shall be a rebuttable presumption that a child who is twelve (12) years of age or older is of a sufficient age to form an intelligent preference.
D. If the child is of a sufficient age to form an intelligent preference, the court shall consider the expression of preference or other testimony of the child in determining custody or limits to or periods of visitation. Interviewing the child does not diminish the discretion of the court in determining the best interest of the child. The court shall not be bound by the child's choice or wishes and shall take all factors into consideration in awarding custody or limits of or period of visitation.
E. If the child is allowed to express a preference or give testimony, the court may conduct a private interview with the child in chambers without the parents, attorneys or other parties present. However, if the court has appointed a guardian ad litem for the child, the guardian ad litem shall be present with the child in chambers. The parents, attorneys or other parties may provide the court with questions or topics for the court to consider in its interview of the child; however, the court shall not be bound to ask any question presented or explore any topic requested by a parent, attorney or other party.
F. At the request of either party, a record shall be made of any child interview conducted in chambers. If the proceeding is transcribed, the parties shall be entitled to access to the transcript only if a parent or the parents appeal the custody or visitation determination.
Added by Laws 1975, c. 183, § 1. Amended by Laws 1986, c. 196, § 1, eff. Nov. 1, 1986. Renumbered from § 1277.1 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 2002, c. 373, § 1, emerg. eff. June 4, 2002; Laws 2011, c. 229, § 1, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-114. Interest on court-ordered past-due child support payments and payments of suit monies.

Court-ordered past-due child support payments, court-ordered payments of suit monies and judgments for support pursuant to Section 83 of Title 10 of the Oklahoma Statutes and Sections 238.1 and 238.6B of Title 56 of the Oklahoma Statutes shall draw interest at the rate of two percent (2%) per year. Past-due child support payments accruing after the establishment of the current support order shall draw interest from the date they become delinquent. Lump-sum judgments pursuant to Titles 10 and 56 of the Oklahoma Statutes for support owed prior to the establishment of current support shall draw interest from the first day of the month after the lump-sum judgment is entered. The interest shall be collected in the same manner as the payments upon which the interest accrues.
Added by Laws 1977, c. 15, § 1. Renumbered from § 1277.3 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1994, c. 356, § 13, eff. Sept. 1, 1994; Laws 2012, c. 253, § 2, eff. Nov. 1, 2012; Laws 2016, c. 289, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-115. Order for child support or modification of order - Provision for income assignment.

A. Every order providing for the support of a minor child or a modification of such order, whether issued by a district court or an administrative court, shall contain an immediate income assignment provision if child support services are being provided under the state child support plan as provided under Section 237 of Title 56 of the Oklahoma Statutes, regardless of whether support payments by such parent are in arrears.
B. In all child support cases arising out of an action for divorce, paternity or other proceeding in which services are not being provided under the state child support plan, the district court shall order the wage of the obligor subject to immediate income assignment, regardless of whether support payments by such parent are in arrears, unless:
1. One of the parties demonstrates and the district court finds there is good cause not to require immediate income withholding; or
2. A written agreement is reached between the parties which provides for an alternative arrangement.
C. The obligated party may execute a voluntary income assignment at any time. The voluntary assignment shall be filed with the district or administrative court and shall take effect after service on the payor, as required by Section 1171.3 of Title 12 of the Oklahoma Statutes.
Added by Laws 1985, c. 297, § 17, operative Oct. 1, 1985. Renumbered from Title 12, § 1277.4 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1994, c. 365, § 11, eff. Sept. 1, 1994; Laws 1997, c. 402, § 12, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-116. Security, bond or other guarantee for child support.

The district or administrative court may order a person obligated to support a minor child to post a security, bond, or other guarantee in a form and amount satisfactory to the court to ensure the payment of child support.
Added by Laws 1985, c. 297, § 18, operative Oct. 1, 1985. Renumbered from Title 12, § 1277.5 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1994, c. 365, § 12, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-117. Modification, suspension or termination of order for income assignment.

A. Except as otherwise provided by subsection B of this section, the person obligated to pay support or the person entitled to the support may petition the district or administrative court to:
1. Modify, suspend, or terminate the order for income assignment because of a modification, suspension, or termination of the underlying order for support; or
2. Modify the amount of income to be withheld to reflect payment in full of the delinquency by income assignment or otherwise; or
3. Suspend the order for income assignment because of inability to deliver income withheld to the person entitled to support payments due to the failure of the person entitled to support to provide a mailing address or other means of delivery.
B. If the income assignment has been initiated by the Department of Human Services, the district court shall notify the Department of Human Services prior to the termination, modification, or suspension of the income assignment order.
Added by Laws 1985, c. 297, § 19, operative Oct. 1, 1985. Renumbered from Title 12, § 1277.6 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1994, c. 365, § 13, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-118. Child support guidelines.

A. There shall be a rebuttable presumption in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of the following guidelines is the correct amount of child support to be awarded.
B. The Schedule of Basic Child Support Obligations assumes that all families incur certain child-rearing expenses and includes in the basic child support obligation an average amount to cover these expenses for various levels of the parents' combined income and number of children, comprised of housing, food, transportation, basic public educational expenses, clothing, and entertainment.
Added by Laws 1988, c. 224, § 1, emerg. eff. June 20, 1988. Renumbered from § 1277.7 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1989, c. 362, § 2, eff. Nov. 1, 1989; Laws 1992, c. 251, § 1, eff. Sept. 1, 1992; Laws 1993, c. 307, § 2, emerg. eff. June 7, 1993; Laws 1994, c. 356, § 14, eff. Sept. 1, 1994; Laws 1995, c. 1, § 13, emerg. eff. March 2, 1995; Laws 1997, c. 403, § 11, eff. Nov. 1, 1997; Laws 1998, c. 323, § 8, eff. Oct. 1, 1998; Laws 1999, c. 422, § 2, eff. Nov. 1, 1999; Laws 2000, c. 345, § 2, emerg. eff. June 6, 2000; Laws 2000, 1st Ex. Sess., c. 9, § 1, emerg. eff. June 30, 2000; Laws 2002, c. 314, § 3, eff. Nov. 1, 2002; Laws 2004, c. 393, § 3, emerg. eff. June 3, 2004; Laws 2006, c. 127, § 2, eff. Nov. 1, 2006; Laws 2007, c. 1, § 25, emerg. eff. Feb. 22, 2007; Laws 2008, c. 407, § 1, eff. July 1, 2009.
NOTE: Laws 1994, c. 185, § 1 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 1997, c. 402, § 13 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998. Laws 2006, c. 74, § 2 repealed by Laws 2007, c. 1, § 26, emerg. eff. Feb. 22, 2007.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-118.1. Review of child support orders - Disclosure of financial status.

A. In all cases in which child support services are being provided under the state child support plan as provided in Section 237 of Title 56 of the Oklahoma Statutes, the Department shall conduct reviews of child support orders pursuant to rules promulgated by the Department. If the Department conducts a review and determines that the child support obligation is not in accordance with child support guidelines, the Department shall file a notice of review and intent to modify the child support order, and it shall be served upon the parties in accordance with law. The notice shall be set for hearing before a district or administrative court. The district or administrative court shall review the child support obligation to determine its compliance with the child support guidelines and order modification if appropriate. An order of modification shall be effective upon the date the notice of review and intent to modify the child support order was filed.
B. In any proceeding to establish or modify a support order, each party shall completely disclose his or her financial status.
Added by Laws 1989, c. 362, § 3, eff. Nov. 1, 1989. Renumbered from § 1277.7A of Title 12 by Laws 1990, c. 171, § 3, operative July 1, 1990, and Laws 1990, c. 188, § 2, eff. Sept. 1, 1990. Amended by Laws 1992, c. 153, § 1, emerg. eff. April 30, 1992; Laws 1994, c. 356, § 24, eff. Sept. 1, 1994; Laws 1997, c. 402, § 14, eff. July 1, 1997; Laws 2006, c. 127, § 3, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-118.3. Request for wage and tax information.

On or after April 15th of each year, the obligor or obligee may make a written request to the other party for the other party's previous tax year W-2 forms, 1099 form, or other wage and tax information. This request shall be served upon the other party in the same manner prescribed for the service of summons in a civil action, and the original request shall be filed in the court file. The party receiving such a written request shall provide the requesting party a copy of the requested information by certified mail within ten (10) days of receiving the written request. If a motion to modify child support is subsequently filed by the requesting party, and it is shown to the court that the non-moving party failed to comply with this section, the court may award the moving party his or her attorneys fees and costs incurred as a result of the failure to provide requested information.
Added by Laws 1997, c. 403, § 12, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-118.4. Assignment or transfer of child support benefits – Attorney fees.

A. Child support or any claim thereto shall not be directly or indirectly assigned, except as provided in subsection B of this section and in subsection C of Section 237 of Title 56 of the Oklahoma Statutes. Any assignment of child support to the Department of Human Services shall have first priority over any prior or subsequent assignment.
B. Child support may be assigned to an attorney for the purpose of providing legal representation in child support proceedings. The assignment shall be consistent with the Oklahoma Rules of Professional Conduct and shall not exceed fifty percent (50%) of the net amount of the child support collected and remitted to the obligee.
Added by Laws 2003, c. 302, § 4, emerg. eff. May 28, 2003. Amended by Laws 2004, c. 407, § 1, emerg. eff. June 3, 2004.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-118D. Computation of child support as percentage of parents' combined gross income - Prospective adjustment - Transportation expenses - Support order summary form.

A. All child support shall be computed as a percentage of the combined gross income of both parents. The Child Support Guideline Schedule as provided in Section 119 of Title 43 of the Oklahoma Statutes shall be used for such computation. The child support obligation of each parent shall be computed. The share of the obligor shall be paid monthly to the obligee and shall be due on a specific date.
B. In cases in which one parent has sole physical custody, the adjusted monthly gross income of both parents shall be added together and the Child Support Guideline Schedule consulted for the total combined base monthly obligation for child support.
C. After the total combined child support is determined, the percentage share of each parent shall be allocated by computing the percentage contribution of each parent to the combined adjusted gross income and allocating that same percentage to the child support obligation to determine the base child support obligation of each parent.
D. 1. In cases of split physical custody, where each parent is awarded physical custody of at least one of the children for whom the parents are responsible, the child support obligation for each parent shall be calculated by application of the child support guidelines for each custodial arrangement.
2. The parent with the larger child support obligation shall pay the difference between the two amounts to the parent with the smaller child support obligation.
E. Child support shall be computed as set forth in subsections A through D of this section in every case, regardless of whether the custodial arrangement is designated as sole custody or joint custody.
F. The court, to the extent reasonably possible, shall make provision in an order for prospective adjustment of support to address any foreseen changes including, but not limited to, changes in medical insurance, child care expenses, medical expenses, extraordinary costs, and the satisfaction of jointly acquired debt of the parents used as a deduction from the gross income of a parent.
G. Transportation expenses of a child between the homes of the parents may be divided between the parents in proportion to their adjusted gross income, so long as the payment of such expenses does not significantly reduce the ability of the custodial parent to provide for the basic needs of the child.
H. The social security numbers of both parents and the children who are the subject of a paternity or child support order shall be included in the support order summary form provided for in Section 120 of Title 43 of the Oklahoma Statutes.
I. A completed support order summary form shall be presented to the judge with all paternity and child support orders where the Department of Human Services is not a necessary party pursuant to Section 112 of Title 43 of the Oklahoma Statutes. No such order shall be signed by the judge without presentation of the form.
Added by Laws 2008, c. 407, § 5, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-118G. Actual annualized child care expenses.

A. The district or administrative court shall determine the actual annualized child care expenses reasonably necessary to enable either or both parents to:
1. Be employed;
2. Seek employment; or
3. Attend school or training to enhance employment income.
B. When a parent is participating in the Department of Human Services child care subsidy program as provided under Section 230.50 of Title 56 of the Oklahoma Statutes, the Child Care Eligibility/Rates Schedule established by the Department shall be used. The actual child care costs incurred shall be the family share copayment amount indicated on the schedule which shall be allocated and paid monthly in the same proportion as base child support. The Department of Human Services shall promulgate rules, as necessary, to implement the provisions of this section.
C. The actual annualized child care costs incurred for the purposes authorized by this section shall be allocated and added to the base child support order and shall be part of the final child support order.
D. The district or administrative court shall require the parent incurring child care expenses to notify the obligor within forty-five (45) days of any change in the amount of the child care costs that would affect the annualized child care amount as determined in the order.
E. A parent may be allowed to provide child care incurred during employment, employment search or while the other parent is attending school or training if the court determines it would lead to a significant reduction in the actual annualized child care cost.
Added by Laws 2008, c. 407, § 8, eff. July 1, 2009. Amended by Laws 2021, c. 286, § 3, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-119.1. Legislative review of child support guidelines and schedule of basic child support obligations.

A. The child support guidelines and schedule of basic child support obligations shall be reviewed at least once every four (4) years by the Judiciary Committees of the Senate and the House of Representatives to ensure that their application results in the determination of appropriate child support award amounts.
B. In conducting the review required pursuant to subsection A of this section, the Judiciary Committees shall:
1. Obtain from the Title IV-D Child Support Program in the Department of Human Services economic data on the cost of raising a child, labor market data, case data and case analysis. The Department shall promulgate rules as needed to implement the provisions of this paragraph;
2. Provide opportunity for public input from persons including, but not limited to, low-income custodial and noncustodial parents and their representatives; and
3. Publish on the official websites of the Senate and the House of Representatives information related to the review including, but not limited to, the membership of the committees conducting the review, the effective date of the guidelines and the date of the next review.
Added by Laws 1989, c. 362, § 4, eff. Nov. 1, 1989. Renumbered § 1277.8A of Title 12 by Laws 1990, c. 171, § 3, operative July 1, 1990. Also renumbered § 1277.8A of Title 12 by Laws 1990, c. 188, § 2, eff. Sept. 1, 1990. Amended by Laws 2021, c. 80, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-120. Child support forms.

A. A child support computation form shall be signed by the judge and incorporated as a part of all orders which establish or modify a child support obligation.
B. 1. When services are not being provided under the Department of Human Services State IV-D plan pursuant to Section 237 of Title 56 of the Oklahoma Statutes, a support order summary form shall be prepared by the attorney of record or the pro se litigant and presented to the judge with all orders which establish paternity or establish, modify or enforce a child support obligation. No paternity or child support order shall be signed by the judge without presentation of the support order summary form. After the order is signed by the judge, the summary of support order form shall be submitted to the Central Case Registry provided for in Section 112A of this title.
2. Standard forms for motions to modify child support and orders modifying child support shall be used by all parents for any agreements submitted to the court for approval as a part of the informal review and adjustment process provided in Section 118 of this title.
3. The forms specified by this subsection shall be prepared by the Department of Human Services and shall be published by the Administrative Office of the Courts.
Added by Laws 1988, c. 224, § 3, emerg. eff. June 20, 1988. Renumbered from § 1277.9 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1993, c. 307, § 3, emerg. eff. June 7, 1993; Laws 1998, c. 323, § 10, eff. Oct. 1, 1998; Laws 1999, c. 422, § 4, eff. Nov. 1, 1999; Laws 2000, c. 345, § 4, emerg. eff. June 6, 2000; Laws 2001, c. 407, § 7, eff. July 1, 2001; Laws 2002, c. 314, § 4, eff. Nov. 1, 2002; Laws 2006, c. 127, § 4, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-120.1. Short title.

Sections 120.1 through 120.5 of this title shall be known and may be cited as the “Parenting Coordinator Act”.
Added by Laws 2001, c. 407, § 8, eff. July 1, 2001. Amended by Laws 2003, c. 302, § 5, emerg. eff. May 28, 2003.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-120.2. Definitions.

As used in the Parenting Coordinator Act:
1. “Parenting coordinator” means an impartial third party qualified pursuant to subsection A of Section 120.6 of this title appointed by the court to assist parties in resolving issues and deciding disputed issues pursuant to the provisions of the Parenting Coordinator Act relating to parenting and other family issues in any action for dissolution of marriage, legal separation, paternity, or guardianship where a minor child is involved; and
2. “High-conflict case” means any action for dissolution of marriage, legal separation, paternity, or guardianship where minor children are involved and the parties demonstrate a pattern of ongoing:
a.
litigation,
b.
anger and distrust,
c.
verbal abuse,
d.
physical aggression or threats of physical aggression,
e.
difficulty in communicating about and cooperating in the care of their children, or
f.
conditions that in the discretion of the court warrant the appointment of a parenting coordinator.
Added by Laws 2001, c. 407, § 9, eff. July 1, 2001. Amended by Laws 2003, c. 302, § 6, emerg. eff. May 28, 2003.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-120.4. Report of decision.

A. A report of the decisions and recommendations made by the parenting coordinator shall be filed with the court within twenty (20) days, with copies of the report provided to the parties or their counsel. There shall be no ex parte communication with the court.
B. Any decisions made by the parenting coordinator authorized by the court order and issued pursuant to the provisions of the Parenting Coordinator Act shall be binding on the parties until further order of the court.
C. 1. Any party may file with the court and serve on the parenting coordinator and all other parties an objection to the parenting coordinator’s report within ten (10) days after the parenting coordinator provides the report to the parties, or within another time as the court may direct.
2. Responses to the objections shall be filed with the court and served on the parenting coordinator and all other parties within ten (10) days after the objection is served.
D. The court shall review any objections to the report and any responses submitted to those objections to the report and shall thereafter enter appropriate orders.
Added by Laws 2001, c. 407, § 11, eff. July 1, 2001. Amended by Laws 2003, c. 302, § 8, emerg. eff. May 28, 2003.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-120.5. Fees - Appointment.

A. 1. No parenting coordinator shall be appointed unless the court finds that the parties have the means to pay the fees of the parenting coordinator.
2. This state shall assume no financial responsibility for payment of fees to the parenting coordinator; except that, in cases of hardship, the court, if feasible, may appoint a parenting coordinator to serve on a volunteer basis.
B. 1. The fees of the parenting coordinator shall be allocated between the parties with the relative percentages determined pursuant to the child support guidelines.
2. The court may allocate the fees between the parties differently upon a finding of good cause by the court or good cause set forth in the parenting coordinator’s report.
Added by Laws 2001, c. 407, § 12, eff. July 1, 2001. Amended by Laws 2003, c. 302, § 9, emerg. eff. May 28, 2003.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-120.6. Qualifications.

A. Each judicial district shall adopt local rules governing the qualifications of a parenting coordinator; provided, however, the qualifications adopted shall not exceed the qualifications established in subsection B of this section.
B. To be qualified as a parenting coordinator, a person shall:
1. Have a master’s degree in a mental health or behavioral health field, shall have training and experience in family mediation and shall be a certified mediator under the laws of this state; or
2. Be a licensed mental health professional or licensed attorney practicing in an area related to families.
C. Parenting coordinators who are not licensed attorneys shall not be considered as engaging in the unauthorized practice of law while performing actions within the scope of his or her duties as a parenting coordinator.
Added by Laws 2001, c. 407, § 13, eff. July 1, 2001. Amended by Laws 2003, c. 302, § 10, emerg. eff. May 28, 2003; Laws 2006, c. 99, § 1, eff. Nov. 1, 2006; Laws 2010, c. 350, § 2, eff. Nov. 1, 2010.