Attach the child support computation, which includes the specific amount of child support requested, to the establishment or modification pleading. If a parent fails to appear at the child support hearing, use the income hierarchy to determine the parent’s gross income in the child support computation.
Use the most current income amount and/or information available at the time of preparing the pleading and at the time of the hearing for the missing parent’s actual income. If there is no evidence of current actual income, use the last three years’ income as reflected in wage records or the parent’s tax returns.
Be cautious when imputing income for a parent who is not present. It is important to gather all information possible, including information the other parent can provide as to the missing parent’s earning history and abilities. Only when there is no information available should income be imputed. Note: If BP is deceased, use $0.00.
Legal Authority
- Read v. Read, 2001 OK 87 stands for the proposition that a final award of child support is not limited to the amount of support requested in the petition.
- 43 O.S. § 118B