If you are paying or receiving child support in Oklahoma, it is quite possible that your circumstance have changed since the last time your support was calculated. If you are now having trouble paying child support, or if you believe that you are no longer receiving enough support for your children, you may be able to modify child support. In Oklahoma, child support modifications must meet clearly prescribed guidelines.
Child support payments are court ordered and a child support modification must also be pursuant to a court order. You and your ex-spouse may agree on the terms of the modification on your own, but whatever changes you agree upon will have to be reviewed by the court.
How to Modify Child Support in Oklahoma
There are three ways to have your Oklahoma child support payments modified:
1) You can hire an attorney and ask the court to change the terms of your support.
2) You can do it yourself (Pro Se), by acquiring a Pro Se Modification packet and filing the required documents with the court. In this case, you should still consult with an attorney to review your completed documents and make sure that you are supplying the court with sufficient reason to consider a modification.
3) If you have a case with the Oklahoma Department of Human Services (OK DHS) – Child Support Services, you can send them a request to review your child support order to see if it meets the requirements for a modification.
Strict guidelines must be met for your child support order to qualify for a modification. According the Child Support Guidelines, you may modify child support in Oklahoma if your support order meets one or more of the following conditions:
1) It does not contain an order for medical support;
2) It was not calculated according the Oklahoma Child Support Guidelines;
3) If according to the Child Support Guidelines, there will be at least a 10 percent change in the calculated amount of child support that must be paid; or,
4) If there are “significant changes” in circumstance. This can means:
1. There are no more children to support;
2. Either parent has qualified for medical disability (verified);
3. Custody has changed pursuant to a court order;
4. There have been changes in the cost of daycare or medical insurance; or,
5. Notable changes to the income of either parent.
In Oklahoma, the amount of child support ordered is a function of each parent’s share of the total amount of income available to support the children. In general, when there is an increase in the standard of living of either parent, there should be a corresponding increase in the lifestyle of their children.
Either parent may seek a modification of child support payments. But, but not all modifications will result in a decrease or increases in the amount that must be paid. In fact, it is quite possible that when you seek a decrease, you may instead receive an increase. So, before seeking to modify your child support payments, you or your attorney should use the state Child Support Guidelines to calculate how much should be paid. Alternately, if you have a case with (OK DHS) Child Support Services, you can have them do this for you.
Free Consultation: Tulsa Child Support Modification Attorney
To find out more about how to modify child support in Oklahoma, contact the family law attorney in Tulsa at Divorce Law Office of Tulsa: 918-924-5526. We offer free, no obligation consultations. If you prefer you may send your question using the “Ask the Lawyer” form on the right side of this page.
