Child Support Can Be Modified Under One of Two Circumstances
Video Transcribed: My name is Jason Lile, and I am a Fathers Rights Attorney in Tulsa. So how is it that you modify child support? And when would you need to modify your child support, whether you’re the recipient or the payer? The simple answer is that child support can and should be modified under one of two circumstances.
If one or both parties’ income has changed so radically, the number would be different enough that it’s worth modifying. And you should know that income is not the greatest factor in the child support spreadsheet in Oklahoma. So often, if income for one party swings even $10,000 or $15,000, the resulting change in the base child support amount is pretty minimal.
The second reason you might want to modify child support, or it might be necessary, is that the number of overnights that the parent is receiving or should be paying has changed, either by the practice of the parties by agreement or they’re just not taking their visitation.
So how would you know if your ex’s income has changed? Under Oklahoma law, you are entitled to a yearly written request for their tax information. You should ask for their annual tax information if you’re concerned about changing their income.
And you can get online and look up an Oklahoma child support calculator once you have that information. And if it’s changed enough that it’s worth calling a lawyer to help you do that, then you can call a lawyer to help you do that.
An income change like that is considered a material change in circumstance, which is a high standard for changing custody or visitation. The threshold must
be met first if you want to change custody of your visitation.
But about child support, that automatically meets that threshold to say the party’s income has changed and child support should be changed. So it’s a lower threshold. And now, if you want to change child support because the number of overnights for the party who’s supposed to be paying has changed, then you need to know that the threshold is 121 a year up to 180 or 81 or so. They get a discount for shared parenting time depending on where they fall in that range.
If it’s dropped below what it was between 180, definitely if it’s below 120, in practice, that’s more complicated because you have to go to the court and tell them they’re not taking the visitation that they were awarded or it’s not being given to them or whatever. Then you get into more difficult evidentiary issues because they may say, “Well, I’m not taking those nights because the child isn’t available to me.
Or you’re not enforcing or following the visitation order.” So if you look like you’re in a situation where you think the child support might need to be looked at to be changed. If you have any questions about family law matters or need an Oklahoma Child Custody Attorney for Dads or a Tulsa Child Support Attorney For Fathers, please contact dads.law.
