Order Modification Under Oklahoma Law
KANIA LAW OFFICE is a Tulsa, Oklahoma Divorce & Family Law Firm

Basic Overview of Order Modifications in Oklahoma 

In general the law regarding Modifications of final orders in Oklahoma requires that the provisions of a final order pertaining to maintenance, support, and child custody may only be made upon a showing of changed circumstances. The changed circumstances should be those that were unforeseeable at the time the final decree was drafted and those changes that are so substantial and continuing so as to make the continuation of those terms, as ordered, to be unconscionable.

Modifications of Property Division

A final order regarding property division is non-modifiable. This rule is understandable by its simple logic. Rather than being treated as an issue concerning an ongoing support or child custody relationship, the Family law Courts in Oklahoma treat the divided property as would any Civil Court treat any other transfer of a property interest. That is, when we transfer an interest in real or personal property to another person the final order should be as final and non-modifiable as possible. If it were not this way, the legal process involved for the transfer of property would be unmanageable in all respects of our economy. Oklahoma Child Custody and support is not a question of real or personal property division, and as such a final order of this nature is modifiable upon a proper showing.

Modifying Child Support in Oklahoma

As mentioned above, the Oklahoma family law Courts require a showing of changed circumstances. As to Child support modifications in Oklahoma a typical change in circumstances exists when the income of one or both parents changes since the issuance of the latest final order of child support. If this is the Case the party's child support obligation can either be made higher, or in the case of a reduction in income, reduced. Once again the logic of the Oklahoma Family Court is fairly understandable, since the Oklahoma Child Support Guidelines tell us that the amount of support owed by both parents is a function of their current respective percentage share of incomes. Additionally, as to upward modifications, it can be said that if the standard of living of a parent goes up, then so should the standard of living of their children. If you seek a child support modification, or if the other parent is seeking a modification, the Oklahoma Child Support lawyers at the Kania Law Office know how to advance your legal rights in a manner which protects your future rights to pay or collect child support.

Modifying Child Custody in Oklahoma

As with all other modifiable final orders the Family law Courts in Oklahoma require that in order to modify a custody arrangement there must be a final order and that a change in circumstances has occurred since the Courts issuance of its last custody decree. This change in circumstances further requires that prior to being successful in a modification of child custody the moving party, normally the non-custodial parent, must show that a change in custody will be in the best interest of the child. The showing of changed circumstances must be strong because the Oklahoma Family Court presumption is that that the child custody decree currently in place and its continuation is in the best interest of the child especially when custody is based on an agreed order. At the Kania Law Office our Child custody lawyers have dealt with countless motions to modify child custody. A few of the reasons we have seen that constitute a change in circumstances which justify a child custody modification range from the current custodial parent engaging in drug and alcohol abuse on to inappropriate behavior on the part of the custodial parent or his or her acquaintances or physical or psychological abuse. If you need to modify a final order in Oklahoma you need experienced Tulsa lawyers in your corner. The Oklahoma Family law attorneys at the Kania Law Office offer their clients honest and highly competent representation for all their family law concerns.

Kania Law Office: The Oklahoma Family Law Attorneys at the Kania Law Office in Tulsa represent Oklahoma families and individuals in Oklahoma divorces, Oklahoma adoptions, Oklahoma child custody, visitation,  and Oklahoma child support determinations, Oklahoma wills, Oklahoma Probate and all other Oklahoma family law matters. If you would like a free consultation with a Tulsa, Oklahoma Family Law attorney from the Kania Law Office please call (918) 743-2233 or fill out this form.