When a child custody modification is ordered, most likely the parent that now has more custody time with the child will require additional child support to be paid to them each month by the other parent.
However, before we come to that conclusion, it is important to understand how your child support attorney will help you receive the financial support you need if you take on additional custodial responsibility of your child.
Modification Requirement
As with many motions that your Tulsa family lawyer will request, typically the burden to prove the necessity for the Oklahoma child support modification rests with the party that is filing the motion.
Thus, you and your child support attorney must prove that a substantial change in circumstances that necessitates the change in child support amount.
The substantial change, also referred to as a material change, usually involves the assessment of a change in several different factors that would make the child support payment unfair, impossible, or the necessity to increase the amount for proper care and support of the child.
Some common examples of a substantial change include:
- One parent’s income has increased or decreased
- Parenting time has increased or decreased
- Cost of health insurance increase or which parent pays health insurance has changed
- Child care is no longer needed or is now needed
- Child has emancipated
- One of the parents has a new child from a new relationship (either natural child or adopted)
Judges also consider several factors when determining how to assign child support; these include:
- parenting time,
- parent’s income or income potential, and
- any expenses related to the care of the child.
For a more detailed explain on modification you can click here.
How Your Child Support Attorney Can Help
Having an attorney advocate on your behalf is especially important in family law matters. The family law system is convoluted to say the least, and requires expert knowledge of the law.
Although many litigants believe it is possible to represent themselves, which in some cases it is, most of the time representing yourself results in an unnecessary prolonged case, resulting in orders that are not in your best interest – simply because you neglected to argue the correct element of law.
Your child support attorney can help you gather the correct documents, present child care expenses, how the change in custody time results in a greater child support payment each month, and will help get you the maximum child support that you deserve.
Free Consultation with a Tulsa Child Support Attorney
Even though a change in custody seems like an easy argument when requesting additional child support, if you don’t have a child support attorney properly presenting your case, the process may become more complicated than it needs to be.
Hiring a knowledgeable and compassionate family law attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa child support attorney when you need to go through the Oklahoma relocation process.
For a free confidential consultation, call now: 918-924-5526.
