Tulsa Attorney BlogWhen Can I Modify Child Support in Oklahoma?

Child Support Modification Comes Down to Income

Video Transcribed: Can I modify child support in Oklahoma? I’m Oklahoma child support attorney James Wirth. That’s the question that we have today related to a series that we’re doing on Oklahoma child support. And the question is can I modify child support? And as far as generally speaking, can child support be modified?

The answer to that is yes. And when can you do that? You can do that when there’s been a material change of circumstances so that there’s been a change that is important and relevant to child support.

attorney in OklahomaSo it’s statutory. It’s all part of the Oklahoma Child Support Guidelines. It can be found in Oklahoma Statutes Title 43, Section 118I, and it lists what it considers the various factors to be that if there’s been a change can be a basis to modify child support.

It says the material change in circumstances includes but is not limited to an increase or decrease in the needs of the child and an increase or decrease in the parties’ income.

The incarceration of a parent for more than 180 consecutive days, changes in actual annualized child care expenses or change in mental or dental insurance costs, or when one child reaches the age of majority, otherwise ages out as far as child support is concerned.

So can child support be modified? The answer is yes, but there has to be a change in circumstances that is material that is important enough to necessitate a change.

The statute also lists something that is not the change. If the child support guidelines themselves, meaning Oklahoma’s laws regarding how you determine child support change, that change, a change in the law, is not a material change to allow a child support modification in Oklahoma.

But if the factors that determine the amount of child support change, such as particularly incomes of the parties, the needs of the child, their extraordinary needs out of pocket for health insurance, or out of pocket for daycare expenses, any changes in those and you can file to change.

If one child ages out and you have other kids still there, you will want to file to modify. That is a material change according to the statute. So yes, you can modify if there’s been a change.

Suppose you’ve got questions about your specific circumstances. In that case, though, you’re going to want to talk to an attorney about that individually, privately, and to get that scheduled with a Tulsa family law attorney in my office, you go online to makelaweasy.com.

"Make law easy!"