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JPEsq.
JPEsq., Lawyer
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Experience:  Published articles on family law, featured in several publications for successful trial work.
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If I made around 20,000 lastyear and my husband made 50,000

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If I made around 20,000 lastyear and my husband made 50,000 lastyear what amt of child support would he pay if one of the children resided with him and one child resided with me?
Submitted: 1 year ago.
Category: Family Law
Expert:  JPEsq. replied 1 year ago.

If the child support was based off your current incomes, and there no other factors (such as medical insurance or day care), the father would pay somewhere around $390 per month, based on the Oklahoma child support guidelines.

 

You can see the Oklahoma DHS calculator here to fine tune: http://www.okdhs.org/onlineservices/cscalc/ (note: there is no mechanism for 1 child with each parent full time, so the calculator would require you to put both child in and split the time 183/182 days).


That said, your income will probably be based on your actual earning potential, not your unemployment. Assuming that your income will go back to its normal level, it would be a little lower, around $330 (again, assuming no variables). But if you divorced now, a temporary order could be issued while the divorce is pending, and modified later when you know your income.

Customer: replied 1 year ago.

I understand what you're saying, however, I'm no longer making 20,000 right now.

Expert:  JPEsq. replied 1 year ago.
Yes, but your situation is temporary. The court will usually not apply the numbers strictly, where the earning capacity appears to be higher than the current income. This prevents parties from becoming willfully underemployed in order to get more (or usually pay less) in child support. Most likely, your divorce case will outlast your unemployment, which is why I said that it will probably be entered as a temporary order. That said, you were only making 25% more while employed, so the court may enter an order based on your unemployment (or really, based on minimum wage, which is virtually the same as $300 per week.
Customer: replied 1 year ago.

I want no more or less than my children deserve and I just need to know that it's fair across the board. Thank you for your time, I appreciate it. Smile

Expert:  JPEsq. replied 1 year ago.

Of course, good luck. Keep in mind that you should use the calculator to enter the values for health insurance and other offsets.

Please do not forget to rate my answer favorably so that I may receive credit for my time. Many thanks.

JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5104
Experience: Published articles on family law, featured in several publications for successful trial work.
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