Filing a child support modification request

On Behalf of | Jan 7, 2019 | Child Custody & Support

Divorced parents in Oklahoma who are owed child support payments should be aware of potential limitations on when and why they can request modifications. For example, if the non-custodial parent has a significant increase in income, this may be a reason to request a modification. However, some states place limits on how often a parent can request a modification. In some states, a parent can only request a modification every 24 months.

The courts will also examine the reason for the modification. Generally speaking, the courts want to see that either the non-custodial parent’s income has increased or the child’s financial needs have increased. They will be much more willing to grant a modification request if a child has unexpected medical expenses or educational expenses.

A parent who is interested in filing a modification request should remember that his or her ability to make future requests may be affected if the court declines it. In states that limit how often parents can request modifications, this may pose a hardship for the custodial parent. Therefore, parents should avoid making requests if the change in income would be insignificant, which is a common reason courts decline requests. The court may also choose to decline a request if the parent with the request makes more money than the non-custodial parent. Courts always investigate the custodial parent’s income when he or she files a modification request.

A parent who is interested in filing a child support modification request might consider working with an attorney with experience in child custody and support. An attorney may be able to help a parent decide if it is the right time to file a request and avoid a rejection.