Modification of Child Support, Custody and Alimony

If you breathe a huge sigh of relief on the day when your divorce petition becomes a decree and the action has finally run its course no one would blame you. A divorce proceeding can be a long and stressful experience wrought with a great deal of emotional upheaval. So by all means, savor that sense of closure for a while, but do recognize that some of the terms of the divorce are subject to future modifications.

One of the divorce terms that can be modified is that of child custody. If the non-custodial parent was to feel as though the custodial parent was not providing a suitable environment for the children he or she could petition the court to consider a modification. There are also cases when the divorced parents will agree that a modification of child custody would serve the best interests of a child or children. This could be due to relocation to a more favorable school district, a discipline problem, or the preference of the child in question.

Child support can be modified as well, and this is by far the most common post divorce modification of terms. The amount of support that was set originally was based on the financial situation of the parents at that time. Income levels fluctuate over time, and according to Oklahoma state law a child support modification is in order when the altered financial dynamic, when applied to the Oklahoma Child Support Guideline Schedule, would result in a change in the existing child support payment of at least 10%.

Alimony or spousal support is also subject to modification either through the mutual agreement of the parties involved or at the discretion of the court under certain circumstances. However, the court may not have the jurisdiction to modify an agreement that was entered into privately depending on the verbiage of the contract.

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