Oklahoma Petition to Modify or Amend Divorce Decree Stopping Child Support on the Grounds that Respondent Interfered with Visitation Rights and Child is Now an Adult

State:
Multi-State
Control #:
US-01896BG
Format:
Word; 
Rich Text
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Description

This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Doing it yourself: You can write up court papers yourself and file them with the court clerk, asking that the judge set a hearing to decide if a modification of child support will be ordered. You should always talk to a lawyer and have your paperwork reviewed before you do this.

While having another child may not directly reduce your child support obligation, it can indirectly affect the amount you must pay. The courts consider various factors when determining child support, including the income of both parents, the needs of the child, and the custody arrangement.

If neither parent is receiving DHS assistance the parents can agree to deviate from the child support guidelines to pay less or even no child support. The parents must provide reasons for the deviation to the judge and the judge must approve the deviation.

Ask for a support modification You could ask the court to modify the support order if you have proof there have been significant changes that impact your ability to pay support. This includes changes in income, expenses and parenting time. Be sure to report any changes in your income immediately.

First, parents may go to court (either on their own or with the help of an attorney) and ask a judge to enforce a child support order and make additional orders aimed at collecting payments. Alternatively, parents can go to the local child support enforcement office and ask for help.

The first step is to make sure an existing court order has been violated. Once the violation is established your attorney will prepare an Application for Contempt and set an arraignment date. At the arraignment the party charged with contempt will plead either guilty or not guilty.

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.

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.

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Oklahoma Petition to Modify or Amend Divorce Decree Stopping Child Support on the Grounds that Respondent Interfered with Visitation Rights and Child is Now an Adult