4 Instances When You Can Modify/Appeal A Child Support Order.
Can you appeal or modify a child support order in Oklahoma? The answer to that question is yes, the State of Oklahoma allows for the modification or appeal of a child support order. However, there are certain instances where child support can legally be modified or appealed.
If you have a child support order in Oklahoma and need to modify or appeal it,it’s best to turn to an expert Family Law attorney. This blog covers four examples of when the Oklahoma Family Law courts allow for appeals or modifications of child support orders.
1. Medical Needs
The Oklahoma Family Law court is very sensitive to the well-being of children who are under the legal requirements of the court’s decisions. If there is no mention of, or if the medical needs of a child change, the court allows for one side, or both sides to modify the court-ordered child support to include medical care as part of that order.
The Child Support Guideline that the Oklahoma Family Court uses takes into account the costs needed to care for each child under a child support order. The process ensures that parents pay medical costs based on the financial obligations outlined under the child support order.
2. The Child Support Order Does not meet the Guidelines Set Forth by the Oklahoma Family Courts
In short, if the amount of child support ordered does not meet the guidelines outlined in the Child Support Guidelines, then the agreement can be amended and modified to meet those guidelines. If the original agreement does not stand up to the scrutiny of the Child Support Guideline, parents can ask that the order be amended to meet those guidelines. The court will likely hear the appeal and may ask that verification of conditions be proven if there were extenuating circumstances.
3. The Calculated Change in Child Support Changes by 20 Percent
This means that if the way child support is calculated under the Child Support Guidelines increases or decreases by more than 20 percent of the amount ordered by the court that the order will be modified to include the new amount.
This can include issues that come up due to job markets, such as those impacted by COVID-19, the loss of jobs and income, and other changes that impact income and the ability to pay child support. These can be a very big gray area, and it is best to talk with a family law attorney about them.
4. Changes in Circumstance for Parents
Life changes– and the Oklahoma Family Courts recognize that, especially in the face of COVID-19. If the circumstances under which the original child support agreement was issued have changed, then the parent or parents may ask the court to consider those changes and amend the original child support order to include the terms of those changes.
Contact Brown & Gould For More Child Support Information
Child support in Oklahoma is not a constant. The terms of the child support order can and do change when circumstances warrant those changes. If you have had a change in the cost of caring for your child or children, it is important to evaluate how those changes impact child support. Contact us today and let our knowledgeable family law attorneys help you navigate what those changes mean for you.