In order to seek a change in child support in Oklahoma, the moving party must show that a significant change in circumstances necessitates a change in support, for example, when primary custody changes from one parent to the other.
Change in child support takes into consideration parenting time when determining amount of support. We discuss below the child custody determination procedure to give you a better idea as to why having a child support attorney helping you is your best route in winning your case.
Qualifications for Modification
There are several requirements the court looks for when evaluating a change in child support, also known as a child support modification request. The request must not contain medical expense reimbursement or support in order for it to be considered. Your child support attorney must also make sure to calculate the child support according to state guidelines. If this is not done, the court will reject the request.
Situations that show the court that a change in child support is needed include when the amount of support requested is 10 percent or more of an increase or decrease from the current amount.
Lastly, if a significant change in circumstances is found, a modification of child support is most likely necessary.
Significant Change in Circumstances
First, a change in circumstances includes when a child is no longer entitled, under the law, to child support. This includes children that reach the age of majority or has been emancipated from their parents. Another change in circumstances includes a new diagnosis of a permanent medical disorder of either parent or child.
In addition, if there is a change in day care, medical insurance or parent’s income, then a significant change in circumstances is usually found and results in a change in child support amount.
The last situation — and most important situation in this case — is when there is a change in a court order for child custody. A change in custody will usually prompt a change in child support since support is predicated so much on parenting time and financial support by that parent to their child.
How Child Support is Calculated
Once a significant change in circumstances is established, your child support attorney will help you understand how child support will be recalculated in your case. In Oklahoma, the first step is to determine both parents’ gross monthly income. Oklahoma uses a dual income approach with the policy that children should be supported financially by both parents.
There are several ways you can calculate your gross monthly income. One way to calculate your gross family income is to use the actual amount on your pay stub, or you can use the income that is equivalent to a 40-hour work week. Other options include taking the average monthly income over the last three years of employment, or the court can choose to input monthly income.
Imputation of income is when the court sets a monthly income based on the parties ability, education and experience — even if the party is not currently working.
Once the combined monthly income is calculated, the percentage of each parents contribution sets the percentage amount of baseline child support they must pay. The parent who is not the primary custodial parent then pays that percentage to the custodial parent based on the state-created guideline schedule that your child support attorney will be able to go over with you.
Free Consultation with a Tulsa Child Support Attorney
Having a child support attorney that is highly skilled will ensure that your rights are protected, and that your child custody and support case are handled successfully. Hiring a knowledgeable child support attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma relocation process.
For a free confidential consultation, call now: 918-924-5526.
