When Your Life Changes, So Can Your Child Support Obligations
Nothing stays the same. It is basic axiom in life. We grow older, take on debt, gain a job, and sometimes we lose a job. Unexpected changes can be welcome sometimes, other times, they can bring stress. When you are a parent, the changes affect the rest of your family.
When the changes bring an increase in expenses or a decrease in income or some combination of the two, stress often follows. And this may mean that it is time to look at a modification of your child support obligations or your children’s support benefits.
Child support modifications work both ways. If either parent’s circumstances change significantly, courts may grand a modification.
If the parent paying child support has an increase or decrease in income, they or the child’s other parent might file for a child support modification. If the parent receiving child support starts earning more, the parent paying child support might have a basis for a downward modification. If the parent receiving child support suffers a substantial loss in income, the courts may re-balance the parents’ obligations accordingly.
If you think you might need a modification but are unsure about it, seek out a consultation with an knowledgeable Tulsa child support modifications attorney. Our Tulsa child support attorneys offer experienced and compassionate insight into your family situation. They can advise you about changes you might need to make to prior court orders. Our knowledge and experience can provide you the confidence that your motion to modify is reasonable and defensible.
When Is a Motion For Modification Advisable?
When we have children, we take on a legal and moral responsibility to support them. When two parents split up, the court takes the issue of child support seriously. The court looks to the best interests of the child in making decisions regarding custody, visitation and support. Not every financial change that we encounter warrants a modification in the court’s eyes.
Under Oklahoma law, a court will grant a modification to an existing child support order under the following circumstances:
- The original order does not contain an order for medical support, and should;
- The original order was not calculated according to Child Support Guidelines, and should have been;
- There will be a 10 percent change in the amount of support according to child support guidelines; or,
- There is a significant change of circumstances.
The first two circumstances address an omission, the last two address a change in financial ability to support the child. By far, most people seek a modification because of a significant change of circumstances. Your Tulsa child support modifications attorney can help you understand what the court may consider to be a significant enough change to support a modification.
The change in circumstances could be a loss of income, but often a loss of income is not the only issue in the mix. In an age of rising costs, an increase in medical care, or day care costs, or other costs associated with raising your child, can prompt the need for a modification.
Much of the support guidelines can be determined with use of an online child-support calculator. An online child support calculator is available at the Oklahoma Department of Human Services website. Simply entering numbers, however, will only get you more numbers. When you need to modify a child support order, you need to know what the numbers will likely mean to a court.
If you have questions or concerns and need help, our attorneys are ready to help you. Call the Divorce of Tulsa Law Office today for a free initial consultation at 918-924-5526.
If you find that you might be entitled to a modification, you will need an attorney to draft your motion to modify child support and appear with you at the hearing on your motion.
Oklahoma does provide some legal help to parents who seek to represent themselves, but that help is limited. You can download informational packets from the Department of Human Services website. If you choose to represent yourself, you may not know what information the court wants to see and hear. Hiring an attorney can mean the difference between getting your motion granted and having it denied.
Because this area of law is complex, it is best to hire an experienced Tulsa child support modifications attorney to answer your questions, draft the petition and represent you in court. Get it right the first time.
Free Consultation: Tulsa Child Support Modifications Attorney
Child support modification matters can be complicated. Our goal is to make law easy for you. Get the help you need today. Bring your questions and concerns to our office so we can work together to achieve the results you need. Call the Divorce of Tulsa Law Office today for a free initial child support attorney consultation at 918-924-5526.
