Life is not static, there are constant changes happening all around us every day. It would only make sense that a child support order would become outdated as the child grows older, requiring a child support modification in Oklahoma. Perhaps your child just got in to a college preparatory high school, or you just lost your job. Maybe you had to move and the cost of living has gone up.
Whatever the circumstances, you are entitled to have your request reviewed and your support increased or payments decreased. Experienced representation by a Tulsa divorce attorney will ensure your request is properly presented to the court.
How Can I Find Out the Other Parties’ Income?
Oklahoma enacted a statute that allows either parent to submit a written request to the other parent for their prior year’s W-2 forms, 1099, or tax return. The request must be made on or after April 15 of the next year. For example, a spouse must wait until April 15, 2018 to request returns from the 2017 tax year.
The request must be served to the spouse whose information is requested. The spouse that is being served must submit their financial information within 10 days of service. If they do not, the spouse that served the request can have their family divorce attorney file a child support modification motion to and potentially be awarded attorney’s fees and court costs.
What is a Material Change in Circumstances?
This concept is very difficult to define in a black-and-white meaning. The change must be significant such that it would be reasonable and necessary to change the current support. Some examples that are widely accepted by the courts include:
- Needs of the child either increase or decrease;
- Income of parents either increase or decrease;
- Annual child care expenses change;
- Medical or dental insurance increase or decrease;
- Child reaches age of maturity;
- Best interest of the child;
- Equity and fairness.
Modification of the guidelines family courts use is not significant enough of a change to trigger a change in circumstances.
When is the Child Support Modification Effective?
A child support modification is immediately effective on the date the motion was filed by your family divorce attorney, once the judge signs the order. The date the motion is filed occurs before the judge signs the order.
Modifications are not retroactive, so if your spouse received a significant raise a year ago but you only filed a month ago, your effective date will be one month ago, not one year.
What Happens When My Child Turns Eighteen?
Typically, when a child turns 18, the obligation to pay child support ceases. However, if there is more than one child that support is assigned, the support shall not be based on an amount per child. While a child that reaches the age of majority triggers a change in circumstance, it is not an automatic modification or termination of the support order.
It is when the last of the children reaches the age of majority that the support obligation is automatically stopped.
What Information Can I Request From the Other Party?
Once a year you may request financial information from the other parent. This exchange of information can be informal or ordered by a judge. If there is not a formal order to exchange information, than either party can request the other party to supply the information within 45 days of the request.
The type of information you can request includes not only tax returns, but also the following:
- Verification of income (pay stubs, 1099s, etc.)
- Medical insurance proof and cost for the children
- Current child care costs (including proof such as receipts or proof of enrollment)
- Anticipated child care costs (with proof such as pamphlets, letters, information from the facility)
In addition to child support modifications, your family divorce attorney can also file a custody modification.
Free Consultation with a Tulsa Divorce Lawyer
Requesting a child support modification can be overwhelming when you are inexperienced with the process, the factors the judge considers, and the information you have the right to receive every year.
Meeting with a family divorce attorney will help understand the process more thoroughly and be prepared during the divorce process.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma divorce process.
For a free confidential consultation, call now: 918-924-5526.
