How Parenting Time Changes Can Impact Your Child Support Payments
When a court orders child support in Oklahoma, the amount usually depends on factors like the parents’ incomes and the amount of time each parent spends with the child. One important part of this calculation is called the parenting time adjustment. This adjustment can lower the child support amount if the noncustodial parent has the child for a significant number of overnights—more than 120 nights a year. But the rules around this adjustment can be confusing, and changes in parenting time can lead to changes in child support obligations.
Understanding how these adjustments work is crucial because failing to properly exercise your visitation rights, or changes in how much time you spend with your child, can affect the support you owe or receive. Knowing what the law says can help you avoid unexpected financial consequences and ensure the child’s best interests remain the priority.
Parenting Time Adjustments: When and How They Apply
Oklahoma law states that a parenting time adjustment applies if the noncustodial parent has at least 121 overnights with the child within a 12-month period. These “overnights” are specifically defined as periods where the child is in the parent’s physical custody for at least 12 hours, and the parent has made reasonable expenditures for the child’s care during that time. This means simply having the child for a few hours or a short visit that doesn’t meet the 12-hour mark won’t count toward the adjustment. Likewise, if the parent does not provide basic care—like feeding the child—the overnight may not qualify for the adjustment. This precision helps ensure the adjustment reflects actual parenting time and expenses, not just nominal visits. Okla. Stat. tit. 43 § 118A.9; § 118E.A.1.
The adjustment is presumptive, meaning it generally should apply if the conditions are met. However, the court can decide not to apply it if the increased parenting time does not actually lead to greater expenses or if applying the adjustment would not be in the child’s best interest. Okla. Stat. tit. 43 § 118E.C. Because of these nuances, working with an Oklahoma attorney can help you understand whether your specific circumstances support a parenting time adjustment.
Consequences of Not Exercising Court-Ordered Parenting Time
Since 2009, Oklahoma law has included consequences if the parent granted visitation rights does not actually exercise those rights as ordered. If the noncustodial parent fails to spend a significant number of the overnights with the child as required by the court, the parenting time adjustment can be revoked. This means the court may require the parent to repay any support benefits received because of the adjustment and withhold future adjustments until the parent has complied with visitation requirements for at least twelve months. Okla. Stat. tit. 43 § 118E.E.1–3.
However, the law also provides some flexibility. Courts may allow exceptions if the noncustodial parent shows good cause for not exercising the visitation, such as illness or other serious reasons. This discretion means that changes in your parenting time can affect your child support payments, but there may be valid reasons that the court will consider.
When Parenting Time Changes Affect Your Support Obligations
Because child support calculations are tied to parenting time, any increase or decrease in the time spent with the child can prompt a review or modification of support payments. If the noncustodial parent gains more than 120 overnights, a parenting time adjustment may reduce their support obligation. Conversely, if the parent exercises fewer overnights, the court may revoke the adjustment and increase the child support owed.
It’s important to note that the parenting time adjustment only changes the base child support amount before health insurance and child care expenses are factored in. Those additional costs are calculated separately and remain proportional to the parent’s income regardless of the parenting time adjustment. Okla. Stat. tit. 43 § 118E.A.1.
If you believe your parenting time has changed significantly and should affect your child support, consulting a child support modification attorney can help you understand your options and the legal steps involved.
Contact an Oklahoma Attorney Today
Adjustments to parenting time and child support can be complex and have serious financial consequences. If you are facing changes in your visitation schedule or child support obligations, it’s important to get clear advice tailored to your situation. Wirth Law Office – Bartlesville is available to guide you through these issues with care and expertise. If you need legal help, call Wirth Law Office – Bartlesville at 918-213-0950 to discuss your case and learn what steps you can take next.
