Wednesday, February 09, 2005

Shared Parenting: Joint Custody does not include Shared Parenting for purposes of computing Child Support.

WILLIAMSON v. WILLIAMSON, 98234, 2005 OK 6, ___ P.3d ___, Decided 02/08/2005

In a yet to be released for publication opinion, the Supreme Court affirmed the trial court's refusal to modify a child support order by imposing shared parenting in a prior joint custody decree.

Joint Custody and Shared Parenting are not synonymous, as clarified by the Supreme Court:

" 'Joint custody' and 'shared parenting' are two different
terms. 'Joint custody' refers to the custodial arrangement
between the parents, whereas 'shared parenting' refers to
a mathematical calculation of child support. "
[ fn. 3 ]

The Shared Parenting child support adjustment occurs in only two situations, to-wit: where shared parenting time has been (1) ordered by a district court, or (2) agreed to by the parents. 43 O.S. ยง118(A)(10)(a). It is not mandated by statute.

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