Child Support Modification

When the terms of a divorce are either agreed upon by the couple involved or decided by the court they are not necessarily final and permanent, and this is something to keep in mind. For example, you may feel as though you are not 100% certain about the child custody, visitation, and support arrangement being appropriate for the long term. Should you have these reservations you can move forward with the knowledge that you can always petition the court for a modification in the future.

Child support is the one divorce term that is most frequently modified because income levels invariably shift over the years when the children are still minors. The state uses the Income Shares Model coupled with the Oklahoma Child Support Guideline Schedule to calculate the child support payment amount that is appropriate. According to state law, if the income dynamic between the obligee and the obligor changes enough to warrant a difference in the current payment of 10% or more a child support modification is in order.

To explain by example say that Jeremy and Kelly are divorced and they have one daughter named Heather. Kelly has custody of Heather, and the Oklahoma Child Support Guideline Schedule states that a total of $450 is required each month to provide for her financially. When Heather’s parents first got divorced they were both making $2,000 a month. So, they were each responsible for exactly half of that since they earned the same income meaning that Jeremy’s child support payment was $225 a month.

But a year and a half later Jeremy got a new job that pays $3,000 a month. The combined income of Heather’s parents is now $5,000 and Jeremy earns 60% of it, so under the Income Shares Model he would be required to pay 60% of the $450 that it takes to care for Heather. This amount is $270, and because the difference is more than 10% over the existing $225 obligation, a child support modification would be in order.

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