High-Income Parents and Child Support in Oklahoma

The Oklahoma Court of Civil Appeals recently issued an important child-support decision in Fancher v. McDowell.

The issue was how child support should be calculated when the parents’ combined income is higher than the top amount listed in Oklahoma’s child-support guideline chart.

The trial court had accepted the father’s offer to pay $2,250 per month. The Court of Civil Appeals reversed that decision, making clear that child support in high-income cases cannot simply be based on what the paying parent is willing to pay.

When the parents’ income exceeds the guideline cap, the guideline amount is only the starting point. The court must then determine an additional amount based on the evidence, including the children’s actual needs, the parents’ ability to pay, and the standard of living appropriate for the children under the circumstances.

This is especially important in high-income cases because the guideline chart does not automatically capture the full financial picture. Without that additional analysis, child support could be artificially limited even when the evidence shows the children’s needs and lifestyle justify more support.

The Court also emphasized that this rule applies in paternity cases, not just divorce cases. Children should not be treated differently simply because their parents were never married.

The takeaway is straightforward: in high-income child-support cases, the court has to do the math and look at the evidence. The number cannot just be what one parent offers or what sounds reasonable.