A Modification Based on Income Can Help
Many modifications in child support come about as a result of a substantial change in financial circumstances. Sometimes, those changed finances pertain to your own income and expenses. Other times, it is your ex-spouse who has had a significant change in their finances.
A court will consider a child support modification based on income. It can be worth it to get this information from your ex. The question is, how do you obtain that information and present it to the court?And when is a change in income sufficient to trigger a modification?
What circumstances warrant a child support modification?
In terms of income change, Oklahoma law allows for modification of a child support order when:
- there will be at least a 20% 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 significant change in income could qualify under either of these two prongs. Income changes are directly related to the child support calculations used by the court in determining how much each parent should pay.
This is a formal motion and should be drafted by an experienced Tulsa child support modification attorney.
Oklahoma Law Allows A Yearly Disclosure of an Ex-Spouse’s Financials
In its wisdom, the Oklahoma legislature thought that this might become an issue with divorcing couples with continuing support orders. Therefore, it devised a method for obtaining financial information. Once a year, on or after April 15, an ex-spouse may make a formal request of their ex to disclose certain financial information relevant to the issue of income level where the court has ordered continuing support obligations (Okla. Stat. tit. 43 § 118.3).
Make A Formal Request For Information
In order to obtain your ex’s financial information, you must make a formal request. You can request your ex’s previous tax year W-2 forms, 1099 forms, or other wage and tax information. This includes paystubs or other documents that show income. A variety of documents may be requested.
The request must be served on the other party in any manner that that is approved for the service of summons in a civil action. This can include personal service and service by certified mail, with signed proof of delivery. A copy of the request must be filed with the court.
Your ex then has 10 days to provide the records sought. That information can be used to determine if your ex’s change in income is enough to warrant a modification.
If your ex does not respond, you may file a motion to modify child support. Your ex’s failure to comply with your request may make your ex liable for your attorney’s fees and costs in bringing the motion.
This request should be done on a yearly basis. You will never know about your ex’s income if you don’t do this. It is unlikely that your ex will step up to the plate and volunteer to pay more child support if their income goes up. But it is fair to have them pay more in child support under those circumstances.
Free Consultation with a Tulsa Child Support Modification Attorney
Child support is often a sensitive subject between divorced parents. A parent whose income has significantly increased may be unlikely to inform their ex of that increase. Get the help you need in this area by bringing your questions and concerns to an experienced child support modification attorney.
We offer free, no-obligation consultations. Contact the Tulsa Divorce Attorney at Divorce Law Office of Tulsa at 918-924-5526. You can also fill out the form at the bottom of the page.
