It is not uncommon for ex-spouses to need or desire a modification of the particulars of their original divorce decree. Oklahoma allows either party to modify certain elements of their divorce decree, under certain conditions.
The most common modification to an Oklahoma City Divorce Decree involves adjustments to the terms of child support or child custody, brought on by changes in income, changes in the health of either parent, relocation and concerns over how the children are being cared for.
But before a judge of an Oklahoma City family court will approve a modification, the party requesting the modification will need to show a substantial change in circumstances since the divorce decree was granted, which are continuing and were not foreseen and such that they render the terms of your divorce decree, as first ordered, unreasonable.
Modifying Spousal Support in Oklahoma City, Oklahoma
A modification of spousal support can be requested by either party, if there is evidence that certain material circumstances warrant an adjustment.
For example, an increase or decrease in income or living expenses, of either party, may be sufficient grounds for a modification of spousal support to be granted. Likewise, evidence that the receiving spouse is living with a member of the opposite sex may also be grounds to grant a modification of spousal support.
A child support order may only be modified if it was ordered in an Oklahoma City divorce decree and if the requesting party can show evidence of a significant change in circumstances since the divorce decree was granted. For instance, an unforeseen need for special education or medical treatment for one or more of your children may be sufficient grounds for an increase in spousal support. Contrarily, an increase in the income of the receiving party may be sufficient grounds for a reduction in child support.
Although future child support payments may be modified under the above circumstances, it is virtually impossible to modify the amount of back child support owed. Child support cannot be modified retroactively.
Modifying Child Custody in Oklahoma City
Like child support, a child custody order can only be modified if it was decreed in your Oklahoma City divorce decree and there is evidence of substantial changes in circumstances since your divorce was decreed. Oklahoma courts operate under the presumption that it is in the best interest of your children to leave the custody arrangements as they were originally ordered in your divorce decree. So, in addition to proving to the court that there has been a substantial change in circumstances, the parent seeking the modification must also show that whatever change is being requested will be even better for the children.
Modifying the Division of Property in Oklahoma City
Though many other aspects of a Oklahoma City divorce decree can be modified under the right circumstances, the division of property ordered in a divorce decree, similar to the transference of real or personal property in any other situation, cannot be modified.
People go through life changes suddenly, and making the necessary modifications to their divorce decree can be in their best interest and in the best interest of their family. An experienced Oklahoma family law attorney can assist you in obtaining a modification in a timely fashion.
Free consultation: Oklahoma Child Support Modification Attorney
There are more items the court may look at to consider when making modifications to your Oklahoma City divorce decree. For a free, confidential consultation with a knowledgeable child support modification attorney in Oklahoma City, call (405) 880-8222 today.
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