A Tulsa divorce decree can be modified if: (1) there have been substantial changes in circumstances that were not foreseen at the time the divorce decree was ordered by the family court; and (2) the changes are of such a nature that they render the divorce decree, as first ordered, unreasonable.
Modifying Property Division After a Tulsa Divorce Decree
While many aspects of a Tulsa divorce decree may be modified, the division of property pursuant to a Tulsa divorce decree, like the transference of real or personal property, cannot be modified.
Modifying Spousal Support After a Tulsa Divorce Decree
Either party can request a modification of spousal support if they can show that certain material circumstances call for an adjustment in the terms.
An increase or decrease in income or living expenses of either spouse can be grounds for a modification of spousal support. In addition, spousal support may be modified if the receiving spouse starts cohabiting with a member of the opposite sex.
Modifying Child Support After a Tulsa Divorce Decree
A child support order may be modified if there was a final order for child support in your Tulsa divorce decree and if either parent seeking the modification can show that significant changes in circumstances have occurred. For example, if the child is in need of special education or medical treatment, an increase may be warranted. On the other hand, if the income of the parent receiving the child support has increased significantly, child support may be reduced.
While future child support payments may be modified in the event that your financial circumstances change, it is virtually impossible to avoid paying back child support. Back child support cannot be reduced retroactively nor can it be discharged by filing bankruptcy. Furthermore, back child support may even be enforced against your estate in the event of your death.
Modifying Child Custody After a Tulsa Divorce Decree
Like with child support, a child custody order can only be modified if there was a final custody order in your Tulsa divorce decree and there has been a substantial change in circumstances since the decree was ordered. Oklahoma courts act under the presumption that it is in the best interest of your children to leave the custody arrangements as they were ordered in your divorce decree. So, in addition to presenting the court with a substantial change in circumstances, the parent seeking the modification must also show that the change will be better overall for the children.
Tulsa Family Law Attorney: Free Consultation
When divorced spouse’s circumstances change significantly, child support or child custody orders may need to be reviewed and sometimes modified. We assist clients when they need to know if recent changes are enough to ask an Oklahoma court to modify support or custody orders.
To find out how the Divorce of Tulsa Law Office can assist in your Tulsa family law matter, call us today.
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