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

• Category: Family Law - Divorce - Child Support - Modifications
• State: Multi-State
• Control #: US-00799BG
• Format: Word; Rich Text

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.

In Oklahoma, a Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal request made by a parent seeking a reduction in the amount of child support payments previously ordered by the court. This motion typically occurs when there has been a significant change in circumstances that affects either the paying parent's income or the needs and expenses of the child. By filing this motion, the parent hopes to obtain a new court order that reflects the current financial situation and ensures fairness in support obligations. The reasons for seeking a decrease in child support can vary, but they often include factors such as a substantial decrease in income, loss of employment, illness or disability, or changes in the child's custodial arrangement. It is important to note that a motion to reduce child support must be supported by valid evidence and strong justifications to sway the court's decision. The Oklahoma court system recognizes several types of motions to modify or amend a divorce decree for a decrease in child support. These include: 1. Permanent Modification: This type of motion is filed when the parent believes that the decrease in child support is necessary for the foreseeable future due to a long-term change in circumstances. Such changes may include a significant and continued increase in expenses for the child, or a persistent decrease in the paying parent's income. 2. Temporary Modification: A parent may file a temporary motion to modify child support if they are facing a temporary financial hardship, such as a job loss or medical emergency. This type of motion aims to temporarily reduce child support payments until the parent's situation stabilizes. 3. Retroactive Modification: If a parent experienced a change in circumstances but failed to file a motion to modify child support immediately, they might still be able to seek a retroactive modification. This type of motion requests a decrease in child support backdated to the date of the parent's change in circumstances, provided that the court finds the reasons for the delay justifiable. 4. Volunteer Modification: In some cases, both parents may agree to a voluntary modification of child support outside of court. While this does not require filing a formal motion, it is crucial for any changes to be properly documented and approved by the court to ensure legality and enforceability. When pursuing a Motion to Modify or Amend Divorce Decree to Provide for a Decrease in Amount of Child Support in Oklahoma, it is highly recommended consulting with an experienced family law attorney who can guide you through the legal process, assist in gathering the necessary evidence, and negotiate on your behalf. It is important to note that an approved modification may not automatically take effect, and it is the court's responsibility to review the evidence and make a fair determination based on the best interests of the child.