Circumstances change over time. The child support order that once fit, may not fit over time. When that happens, a child support modification may be in order. A Cherokee County child support modification lawyer can provide timely advice and assistance.
Reasons For Child Support Modification
Changes in financial circumstances often drive the need for a modification, but so too, do changes in Oklahoma law. Financial changes can include such things as the loss of a job, a decrease in pay, or a medical condition that makes it impossible to work. Any change that constitutes a significant change in financial condition may qualify the non-custodial parent for child support modification under Oklahoma law.
In addition, state laws change. An experienced Tahlequah family law attorney keeps up with those changes and can best advise you regarding a potential child support modification motion before the court. If you spend the time and money to bring this motion, you want the motion to have legal merit and to be successful.
As a starting point, you can use our online child support calculator to see what the recommended amount of support is for your current circumstances. This is a great way to begin the process. It is not a guarantee that this is the way a judge would rule, but it is a good indicator. The next step is to contact a Cherokee County child support lawyer for advice and assistance.
Oklahoma Law Regarding Modification
Oklahoma child support law changed significantly in 2009. The changes don’t automatically entitle parents to modification of child support orders. Even if parents attempt to file a motion to modify based on changes in the law, they’ll need to demonstrate a change of conditions other than changes in the law to justify a modification.
It is best to keep in mind too, that courts must make no change that adversely affects the best interests of the child. Changes in financial circumstances must be substantial in order for a modification to be approved.
Changes In Circumstances
Oklahoma child support orders may be modified if a change in the income of one or both parents would result in at least a 20% change in a child support obligation according to current child support guidelines. That change can result from changes in either parent’s income, court-ordered changes in custody, changes in medical or daycare costs, the permanent medical disability of either parent, or changes that mean the child is no longer entitled to child support. Modifications can result in either an increase or a decrease in child support.
Do I Need A Tahlequah Attorney?
Parents who are owed or who owe child support in Oklahoma may represent themselves in child support modifications. Oklahoma Child Support Services offers a pro se packet that can be downloaded from the Department of Human Services website.
However, the state does not provide an attorney for those who represent themselves in child support modifications. Nor does the agency address other matters beyond child support such as revisiting paternity determination, custody, or visitation orders. And the motion for modification must ultimately be approved by a judge if it is to take effect.
Because of this, many people get help with the process. A Cherokee County child support modification attorney can advise you and help you prepare a motion to help persuade the court that a modification will be in everyone’s best interests.
Free Consultation: Cherokee County Child Support Modification Attorney
For a free consultation with a Tahlequah attorney, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.