Oklahoma Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

State:
Multi-State
Control #:
US-00799BG
Format:
Word; 
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Description

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

Child support for the first family should not go down if the father has another baby. The new child support should be calculated based on the remainder of the the father's income after the initial child support order is subtracted.

Modifying the Decree The law recognizes that changes can happen in the future. Modification of orders relating to children (custody, visitation, support) is possible, subject to certain standards. Child support can be modified due to a change in child care or medical costs, or one parent's change in income.

It can take up to 180 days to complete. This time frame can become longer if an Oklahoma court cannot modify your order and OK DHS CSS has to request a child support office in another state to assist in the process. Will I need an attorney?

All parents?regardless of their relationship with their coparent?have a legal duty to support their children. Parents can't waive their obligation to pay child support or agree to pay an amount that isn't approved by the court. Like all states, Oklahoma has uniform guidelines for calculating child support.

You can do it yourself through a Pro Se Modifiation process. You can request a Pro Se Modification packet by calling the OK DHS CSS CARE Call Center at 1-800-522-2922.

To modify a custody order you will need to file a Motion to Modify Custody Order with the same court where the initial custody order was issued. You will need to state why you want the modification and must show what you deem your permanent and material change in circumstance is for the court to consider your request.

Do-It-Yourself Modification (Pro Se) Modifying child support on your own, known as a pro se modification, is an option that allows you to initiate the process independently. To begin, visit the court that issued the initial child support order and request the necessary paperwork for modification.

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Oklahoma Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support