Child support is key to which of a child’s needs are met post separation or divorce. In Oklahoma child support orders are held legally enforceable, yet are not forever. Life’s changes may present very differently over the time which the order is in place, and at the time of such changes, the law provides for modifications. This process is known as child support modification, and by understanding how it works, parents may better be able to comply with the law at the same time as they support their children well.
What Is Child Support Modification?
Child support change is a legal process that puts forward the issue of a present support order to be increased, decreased, or in some other way altered. In Oklahoma it is recognized that financial and personal situations grow and change, which may cause a support order that was fair at a point in time to no longer reflect current facts. Changes are not automatic but must be put forth in writing and accepted by the court.
In either case of a parent bringing the request for a change in order, it may be for the paying or receiving party. Also, the party that is asking out of the 2 must present proof that a change in circumstances has taken place since the issue was last determined.
Common Reasons for Modification Requests
Oklahoma’s laws state that there must be a large change in circumstances before a child support order is modified. As for what those reasons are—some of the most common are:
- Change in income: A big change in either parent’s income from job loss, promotion, disability, or career change.
- Change in custody or parenting time: When a child spends more or less time with one parent, support issues may be revised.
- Medical needs of the child: New and ongoing medical issues, which include therapy or special care, may call for modification.
- Cost of living changes: While not as common on their own, out-of-the-ordinary expense changes may be looked at in the context of other issues.
- Changes in the child support guidelines: If a change of at least 10% or $100 per month is made to the guidelines then in Oklahoma courts modification may be allowed.
What is of concern is the principle of fairness and what is in the best interest of the child, which may not include punishment or reward of either parent.
The Legal Process in Oklahoma
In order to seek a change, a parent must bring forth a motion or application to the proper court. Also included in this request should be documentation that presents the changed circumstances that are being claimed, for example, pay stubs, tax returns, medical bills, or custody schedules.
Upon filing of the case, the other parent is given a chance to respond. In some cases the issue may be worked out between the parties. Should they not come to an agreement, the court will look at the presented evidence and may set a hearing. A judge will then decide if the legal criteria for modification is met and if so what the new support amount will be.
Importantly, child support responsibilities do not go back to amend a time before the filing date. Which means a delay in filing will in turn cause the old order to stand, which may be contrary to current circumstances.
Role of Attorneys in Child Support Matters
While parents do present themselves at times in the child support modification process, what is often seen is that it includes complex procedures, financial analyses, and legal criteria. In the area of family law, which attorneys mostly work in, they put together the required documents, get financial info organized, explain what the rules are, and present the case in court for clients.
Attorneys also play a role in which they see to it that requests for changes are well supported and that clients are made aware of their rights and responsibilities. In contested cases legal representation is a tool that helps to bring to light the facts in dispute and see that the court is given correct information, which they base their decision on.
For those that are in search of general info on Oklahoma child support modification, there are court websites and informational legal pages that put out very useful resources.
Enforcement vs. Modification
It is to put forward that which is to be separated out between enforcement and modification. With respect to enforcement action, it is taken when there is noncompliance with an issued support order. Regarding modification, the process is used to change the terms of the order that is in question. As for parents that are having trouble with payment due to financial hardship, it is recommended that they seek to modify the order that they have instead of allowing arrears to grow, which in turn may bring about wage garnishment, license suspension, and other penalties.
Key Considerations for Parents
Parents who are looking to make a modification should maintain in-depth records of income, expenses, and changes in what is going on. Transparency and promptness are key. Courts put child’s best interests first and there is no point in a request if it is put forth in bad faith or is not supported by proper documentation in which case it will be denied.
Also, between parents what they agree to is not put into law until the court gives that agreement legal weight. Also, even if both parents are in agreement to change something, it has to go through the proper legal procedures to become enforceable.
Conclusion
In Oklahoma child support orders are modified to reflect real-life changes, which in turn makes support orders fair and appropriate as they play out over time. This means parents may do well to familiarize themselves with the legal criteria, the what and how of filing, and the court’s role, which in large part will determine the outcome. As conditions improve or worsen, it is of great import that parents address child support issues at the proper legal time and through proper legal channels, which in the end also protects the parents’ rights and, most of all, the best interest of the child.
