Modification of Child Support, Custody and Alimony

Child support, child custody, and alimony or spousal support are three divorce terms that are often revisited after the divorce has been initially finalized. This is something to keep in mind when you are going through the process. You do want to feel comfortable with the initial terms, but it is important to proceed with the knowledge that you can seek modifications in the future if circumstances were to change substantially.

The state of Oklahoma uses the Income Shares Model along with the Oklahoma Child Support Guideline Schedule to determine the amount of child support that must be paid. The law states that a modification is in order when altered financial circumstances would result in a difference in the existing payment amount of at least 10%.

People usually make more money over the years as they advance along a career path, so child support modifications will usually increase the amount that must be paid. However, in cases when the obligor takes a cut in pay and/or the obligee enjoys an improved financial circumstance the child support obligation could be reduced.

Child custody can also be modified, and this sometimes takes place when the court decides that the custodial parent is not providing an adequate home for the children. But child custody modifications can also take place via the mutual agreement of the parents for any number of reasons. These could include cases when there was a discipline problem present; when a change of residence would enable a child to go to a preferred school; or simply because the child requested the modification.

Alimony or what in the state of Oklahoma is referred to as spousal support is also subject to modification. Clearly the parties involved are free to privately agree to a spousal support modification.  And in some cases the court can be petitioned to order a modification, but it may not have jurisdiction if the original agreement was entered into privately.

For legal advice about modification of child support, custody, and alimony contact an Oklahoma City OK family attorney to arrange for a free consultation.