Child Support Modification: A Matter of Need
The hastily-drafted child support order filed when your divorce became final may not fit your circumstances a few years down the line. Things change. That streak of good income can dry up. Maybe you agreed to change custody arrangements so now you have more overnights. These things can affect how much child support you owe – if you move to modify your child support obligation.
If your situation, your child’s, or your ex-spouse’s situation changed significantly, it may be time to look at filing a request for a child support modification. Here as some of the details that can determine whether a court will grant a motion to modify child support in Oklahoma.
When is a Modification Warranted: Mistakes and Changed Circumstances
Oklahoma law allows for modification of a child support order when the situation warrants it. Usually, this means that there was some problem with the initial order or there have been significant changes in circumstance since the initial order was issued.
Oklahoma law allows a modification when an existing child support order:
- does not contain an order for medical support; or
- was not calculated according to the Oklahoma Child Support Guidelines; or
- there will be at least a 20 percent change in the calculated amount of child support to be paid; or,
- there are significant changes in the circumstances of the child or parents.
A material change in circumstances can include: an increase or decrease in the needs of the child or the income of the parents, either parent has a qualified medical disability, changes in child care expenses or the cost of a child’s medical or dental insurance, or when there are changes in the child’s custody. Okla. Stat. tit. 43 § 118I.
In any of these cases, if a parent requests a modification and can prove to the court that it is needed, the court will often grant the motion. This motion can be made directly by the parent or with the help of an attorney. Most often, an experienced attorney should be used in order for the court to fully understand all the facts and conditions necessitating the modification.
Often times, a parent’s change in income is tied to a job change. And unfortunately, a job change all too often leads to a decrease in pay. Without a modification, a parent suffering a decrease in income can quickly fall behind in child support payments.
Get the help you need today. A Tulsa child support lawyer can address your questions and concerns and put your mind at ease.
Free Consultation: Tulsa Child Support Attorney
The Wirth Law Office is here to help when you need it most. We offer a free consultation with an experienced Tulsa divorce attorney. Call (918) 879-1681 for a free consultation or request a using the form on this website.