Many provisions of an Oklahoma divorce decree may be changed by a judge after it has been finalized. You can seek a divorce decree modification by filing a motion with the court that has jurisdiction over your case. A hearing will likely be held to determine if your circumstances have changed significantly enough to justify granting the request.
What constitutes a significant change in circumstances?
Generally speaking, minor or temporary financial struggles will not be enough to alter a spousal or child support order. However, if you have experienced a job loss, have had to relocate or have otherwise experienced a long-term decline in your standard of living, a modification might be made. The same might be true if your former spouse has gotten promoted or otherwise enjoys a higher standard of living than he or she did at the time of the divorce.
Child support orders may be reviewed periodically
A child support order may be reviewed after one year if there is reason to believe that it is causing you or your child’s other parent a financial hardship. Child support orders may also be reviewed after your son or daughter’s 18th birthday or at any time when an adjustment may be deemed necessary. Generally speaking, you may be able to seek a child support modification after two years regardless of your child’s age or your financial situation.
Parenting plans may be changed
Parenting plans may be changed if doing so is in the best interest of the child. In some cases, changes to a parenting plan will only go into effect if both parents agree that they are necessary. A court may also keep an existing plan in place if a mother or father has been convicted of custodial interference.
A family law attorney may help you obtain modifications to an existing child or spousal support agreement. He or she may argue that a change in income makes it difficult to make child support payments or requires an increase in spousal support payments.