In general the law regarding child custody child support modification of final orders requires that the provisions of a final order may only modify upon a showing of changed circumstances. The changed circumstances were unforeseeable at the time the final decree entered. Moreover the changes must be substantial and continuing.
Modifying Child Support:
As mentioned above, the Oklahoma family law Courts require a showing of changed circumstances. As to Child support modifications a typical change in circumstances exists when the income of one or both parents changes. This change is since the issuance of the latest final order of child support. If this is the Case the child support obligation can either increase or, if necessary, reduce.
Once again the logic of the Oklahoma Family Court is fairly understandable. This is because the Oklahoma Child Support Guidelines tell us that the amount of support due by both parents is a function of their current respective percentage share of incomes. Additionally, if the standard of living of a parent goes up, then so should their children’s. If you seek a child support modification, or if the other parent is seeking a modification we can help.
Modifying Child Custody in Oklahoma:
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 occur 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. The Oklahoma Family Court presumption is that the child custody decree currently in place and its continuation is in the best interest of the child. This is especially when custody is an agreed upon order. Our Tulsa child custody modification attorneys have dealt with countless motions to modify child custody. A few of the reasons that constitute a change in circumstances range from the current custodial parent engaging in drug and alcohol abuse to job loss. We’ve also seen inappropriate behavior on the part of the custodial parent or his or her acquaintances or physical or psychological abuse leading to a modification.
Modifications of Property Division:
A final order regarding property division is non-modifiable. This rule is understandable by its simple logic. The Courts treat the divided property as would any Civil Court treat any other transfer of a property. That is, when we transfer an interest in real or personal property the final order should be as final and non-modifiable. If it were not this way, the legal process for the transfer of property would be unmanageable. Oklahoma Child Custody and support is not a question of real or personal property division. Consequently, a final order of this nature is modifiable upon a proper showing.
Tulsa Child Custody Child Support Modification Lawyers:
If there’s been a change in circumstances, you may be available for child custody child support modification. Its uncommon for parents to agree on a certain schedule only to change it later. Its also common for a persons income to either increase or decrease causing the need to modify child support. Generally speaking a child custody child support modification is less contentious then maybe the original order was. In any event don’t sit on your rights act today and start the modification process.