Child Support Modification

The divorce process can be challenging, and when you consider the marital strife that led to the filing the parties have been waiting for closure for quite a while. So when the Petition for Divorce becomes a Decree of Divorce it may not be cause for genuine celebration, but it can be a good feeling to be able to finally put the matter behind you and move on with your life.

Be this as it may, it is very possible or even likely that you will have to revisit some of the terms of the divorce at a later date. Post-divorce modifications can and do take place, and the most commonly changed divorce term would be the required child support payment amount.

The state of Oklahoma uses the Income Shares Model to determine the appropriate payment obligation, which is calculated using the income of the parents as a basis. When their income levels change significantly, a child support modification may be in order. According to the Oklahoma Statutes, any change in the parental income that would result in an alteration of the payment amount of at least 10% over the existing obligation would be deemed significant enough to warrant a child support modification.

As an example, let’s say that Hal and Jenna are divorced, they have one daughter named Sara, and Jenna has custody. At the time of the divorce the state called for $400 to care for Sara, and both Hal and Jenna earned $2,000 a month. Since they earned an equal income they were each responsible for half of the $400 required to meet Sara’s needs, so Hal’s child support payment was $200.

But if he gets a better job two years later and makes $3,000 a month while Jenna’s income stays the same, he is now making 60% of the combined $5,000 parental income. So he would now potentially be responsible to pay 60% of the $400 or $240. That $40 difference exceeds ten percent of $200, so a child support modification would be in order.

For legal advice about child support modification, contact a Lawton OK family lawyer for a free consultation.