Child support obligations work until they don’t. As time passes, a parent’s finances may change with it. A parent may experience a change in income, a job loss, or a disability that affects a parent’s ability to work. Any of these can affect their ability to pay child support. The answer is a child support modification in Muskogee.
However, child support modification can be complicated when you divorce in another state and have moved to Oklahoma. A Muskogee attorney can help. Here is what you need to know.
Jurisdictional Issues Can Be Complicated
All family law courts maintain jurisdiction when there are minor children involved. That is because modifications to support and custody are needed from time to time. But parents move for a variety of reasons: a new job, a new lifestyle, or health.
When neither the parents nor the children live in the state where the original divorce matter was resolved, it may be time to transfer jurisdiction from that state to the state where the parents and child live.
A court will no longer maintain exclusive and continuing jurisdiction when both the child and the parent or parents no longer reside in Oklahoma, or when the child or parents no longer have a significant connection to that state. In that case, the parents can bring a motion before an Oklahoma family court to have jurisdiction moved from the state of original jurisdiction.
The motion needs to give all the reasons why the state or original jurisdiction is no longer convenient. The motion for a child support modification should be attached to the motion for transfer of jurisdiction.
The Motion For Child Support Modification In Muskogee
Oklahoma law allows a modification when:
- the original order does not contain an order for medical support or was not calculated according to the Oklahoma child support guidelines;
- there will be at least a 20% change in the calculated amount of child support to be paid; or
- there are significant changes in the circumstances of the child or parents.
A significant change in circumstances can include an increase or decrease in the needs of the child or the income of the parents; a qualified medical disability; changes in child care expenses or the cost of a child’s medical or dental insurance; or when there are changes in the child’s custody. Okla. Stat. tit. 43 § 118I
These motions are both fact-bound and legally specific. As a result, it is best to have an experienced Muskogee family law attorney draft the motion and represent you at the hearing on the motion.
Notice Of Hearing On The Modification Is Required
Oklahoma law requires that notice of the jurisdictional hearing and the hearing on the requested modification be given to the other parent. This can be personally served or be served in any other way.
The Courts Will Coordinate
The two courts will ensure they communicate regarding the jurisdictional issue. In addition, the court of original jurisdiction will coordinate with the Oklahoma family court to ensure all necessary documents and pleadings will be given to the Oklahoma court.
These motions are not ones you should handle on your own. Both motions require a high level of expertise. Hire an experienced Muskogee family law attorney to handle these motions for you.
Free Consultation: Muskogee Child Support Attorney
When you decide to get a divorce and have children, you may feel nervous about your child support options. However, an experienced Muskogee child support attorney can help bring relief.
A no-cost initial consultation can help you decide whether Wirth Law Office – Muskogee can provide the best Muskogee child custody attorney for your family law matter. Call us today at 918-884-7774.