How Can I Modify a Family Court Order?
Oklahoma family courts are responsible for issuing judgements in regards to a number of family issues. For example, a court may determine how property will be divided in a divorce, who will have custody of a child, or how much a parent may be required to pay in child support.
While orders that are issued by a family court are legally binding, some orders can be modified at a later date. Here’s what you need to know about modifying a family court order in Oklahoma–
What Types of Family Court Orders Can Be Modified?
First, it is important to note that not all types of family court orders can be modified. In fact, a party cannot seek an order of modification for a court order regarding division of assets or debts. However, many types of court orders may be modified, including:
- Spousal support/maintenance (alimony) orders;
- Child custody orders; and
- Child support orders.
If you want to modify a court order, you should consult with an attorney first to ensure that the order is modifiable. An attorney can also guide you through the how-to process.
When Can I Modify a Court Order?
You cannot request modification of a court order simply because you are unhappy with the order or do not like it. Instead, certain criteria must be satisfied. For example, as explained by the Oklahoma Department of Human Services, a child support order can only be modified:
- When it does not contain an order for medical support;
- When it has not been created in conjunction with the state’s Child Support Guidelines;
- If the amount of support will be changed by at least 20 percent according to the guidelines; or
- If a significant change in circumstances has occurred, which is the standard for the majority of modification orders.
A significant change in circumstances might include things such as a disability incurred by either parent, the child becoming a legal adult, or a change in a parent’s income level.
Contact an Oklahoma Modification Attorney Today
Adhering to a court order is important, and failing to do so can have serious consequences. Sometimes, though, a court order no longer makes sense. When this is the case, you may be able to seek a modification of a court order. At the law offices of Brown & Gould, PLLC, our experienced family law attorneys serving Oklahoma City and surrounding areas are prepared to guide you through the process of modification. Please contact us today to get started and learn more.