You can modify a Tahlequah divorce decree if you have proof of a significant change in circumstances that has taken place since your divorce decree was granted and that was not anticipated, and such that it now causes the terms of your divorce decree to be unreasonable.
Modifying Property Division After Tahlequah, Oklahoma Divorce
Although other terms of your Tahlequah, Oklahoma divorce decree may be modified, if you can prove to the court that they are no longer reasonable, the terms of the division of property pursuant to a Tahlequah, Oklahoma divorce decree, like the transference of real or personal property in most other situations, is not subject to modification.
Modifying Spousal Support After Tahlequah, Oklahoma Divorce
Either party may be granted a modification of spousal support, if he or she has evidence of significant changes that render the terms of spousal support as previously ordered unreasonable.
For instance, if the income of either party has increased or decreased, the court may find that the change in income renders the terms of spousal support unreasonable or inequitable. Likewise, the court my find that spousal support should be terminated if evidence shows that the receiving spouse is now cohabiting with a member of the opposite sex or has remarried.
Modifying Child Support After Tahlequah, Oklahoma Divorce
Child support can only be modified if it was ordered in your divorce decree. Again however, in order to be grant a modification, you will have to provide evidence of a significant change in circumstances since your divorce decree was granted. For example, if your child needs tutoring because he or she has been diagnosed with a learning disability, the paying party may be order to pay more child support. On the other hand, if the receiving party wins the lottery, or in some other way receives a windfall, child support may be reduced or the receiving party may even be ordered to share a portion of the money with the paying spouse.
Although you may successfully request a modification of future child support payments, child support cannot be modified retroactively. Therefore, you cannot receive a modification of the amount of back child support you owe or that you are owed.
Modifying Child Custody After Tahlequah, Oklahoma Divorce
Similar to child support, a modification of child custody can only be sought if it was first ordered in your Tahlequah, Oklahoma divorce decree and when significant changes have taken place since your divorce decree that warrant a review of your custody arrangements.
In Oklahoma, the courts assume that it is best not to change custody arrangements unless it is necessary for the well-being of the children. So, not only does the requesting parent have to provide evidence of significant changes in circumstance since the custody arrangements were ordered, he or she must prove that the modification requested will be in the best overall interests of their children.
Free Consultation: Tahlequah Divorce Attorney
We’re here to listen to your many questions as you consider a divorce.
For a free initial consultation, call Wirth Law Office – Tahlequah at 918-458-2677.
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