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Right-Sizing Single Cases

Overview

Right-sizing an order is done at the establishment or modification stage of a case where the proposed child support computation amount or the court ordered child support amount does not reflect current circumstances and actual income.  This encourages NCP compliance and consistent, reliable support collections for the child(ren) involved. The Compliance Predictor Tool  is designed to encourage staff to request the court enter realistic child support orders.

A realistic child support order is 20% or less of an NCP’s gross monthly income.

Pleadings

  • Use all available income information to determine gross income at the time of preparing the pleading.  When there is no wage information or information regarding job history and earning ability, staff impute minimum wage at 40 hours per week.

Hearing

  • Use the most current income amount and/or information available at the time of the hearing.
  • Only when there is no information available should staff impute income.

Preparing the Order with a Deviation

  • For single cases, check the deviation box in the child support amount paragraph of the child support order and write in the reason for the deviation.
  • Also, check the “guidelines not followed” box on the signature page of the child support computation and determine deviation reason on the blank lines.
    • The court deviates from the child support guidelines pursuant to 43 O.S. § 118H. The guideline amount on the attached computation results in an amount that is unjust and inappropriate under the circumstances, and not in the best interests of the child(ren). The court finds the child support amount set out above is in the best interests of the child(ren) in this case due to the following reason(s):

Note: Using actual income is not a deviation and staff does not check the deviation box in the order or on the child support guidelines computation.