§ 8-312. Deviations.
A. No deviation in the amount of the child support obligation shall be made which seriously impairs the ability of the obligee in the case under consideration to maintain minimally adequate housing, food, and clothing for the child(ren) being supported by the order or to provide other basic necessities, as determined by the Office of Administrative Hearings or Trial Court.
1. The Office of Administrative Hearings or Trial Court may deviate from the amount of child support indicated by the child support guidelines if the deviation is in the best interests of the child, and:
a. The amount of support so indicated is unjust or inappropriate under the circumstances;
b. The parties are represented by counsel and have agreed to a different disposition; or
c. One party is represented by counsel and the deviation benefits the unrepresented party.
B. If the Office of Administrative Hearings or Trial Court deviates from the amount of child support indicated by the child support guidelines, the court shall make specific findings of fact supporting such action. The findings of fact shall include:
1. The specific reasons for the deviation from the presumptive child support that would have been paid pursuant to the guidelines; and
2. The amount of child support that would have been required under the guidelines if the presumptive amount had not been rebutted; and
3. A finding by the court that states how in its determination:
a. The best interests of the child who is the subject to the support award is served by a deviation from the presumptive guideline amount; and
b. Application of the guidelines would be unjust or inappropriate in the particular case before the Court.
C. In instances of extreme economic hardship, deviation from the guidelines may be considered when the Office of Administrative Hearing or Trial Court finds the deviation is supported by the evidence and is not detrimental to the best interests of the child before the Court.
D. If a parent is residing with a child with extraordinary medical needs not covered by insurance or other special needs, the Office of Administrative Hearings or Trial Court must consider all resources available for meeting such needs, including those available from public agencies and other responsible adults.
E. In cases where the child is in the legal custody of the Osage Nation or other state or tribe or territory, the child protection or foster care agency of another tribe, or state or territory, or any other child-caring entity, public or private, the Office of Administrative Hearings or Trial Court may consider a deviation from the presumptive child support guidelines if the deviation will assist in accomplishing a permanency plan or foster care plan for the child that has a goal of returning the child to the parent, and the parents need to establish an adequate household or to otherwise adequately prepare herself or himself for the return of the child clearly justifies a deviation for this purpose.
F. Extraordinary Educational Expenses.
1. Extraordinary educational expenses may be added to the presumptive child support as a deviation. Extraordinary educational expenses include, but are not limited to, tuition, room and board, books, fees, and other reasonable and necessary expenses associated with special needs education for a child with a disability under the Individuals with Disabilities Education Act 1 that are appropriate to the financial abilities of the parent.
2. In determining the amount of deviation for extraordinary educational expenses, scholarships, grants, stipends, and other cost-reducing programs received by or on behalf of the child shall be considered.
G. Special Expenses.
1. Special expenses incurred for child rearing which can be quantified may be added to the child support obligation as a deviation from the current monthly child support obligation. Such expenses include, but are not limited to, private school tuition, camp, music or art lessons, travel, school-sponsored extra-curricular activities, such as band, clubs, and athletics, and other activities intended to enhance the athletic, social or cultural development of a child, but that are not otherwise required to be used in calculating the child support order as are health insurance premiums and work-related child care costs.
2. Some factors the Court may consider in determining whether to deviate for such extraordinary expenses include: a history of expenditure for such activities, the financial ability of the parents to provide such activities, and that the child has exhibited an extraordinary aptitude for the activity.
3. In determining the amount of deviation for extraordinary educational expenses, scholarships, grants, stipends, and other cost-reducing programs received by or on behalf of the child shall be considered.
ONCA 12-51, eff. June 18, 2012.