Sequestration and child support

hardwarequestions · 2013-03-20T23:07:16+00:00

you know you're allowed to request a decrease in required child support based on your pending reduction in salary, right? not saying it'll be honored, but you can make the request with the court.

holierthanmao · 2013-03-21T02:27:37+00:00

Here's the modification statute. Notice that change in income is considered a material change in circumstances.

A. 1. Child support orders may be modified upon a material change in circumstances which includes, but is not limited to, an increase or decrease in the needs of the child, an increase or decrease in the income of the parents, changes in actual annualized child care expenses, changes in the cost of medical or dental insurance, or when one of the children in the child support order reaches the age of majority or otherwise ceases to be entitled to support pursuant to the support order.

Modification of the Child Support Guideline Schedule shall not alone be a material change in circumstances for child support orders.

An order of modification shall be effective upon the date the motion to modify was filed, unless the parties agree to the contrary or the court makes a specific finding of fact that the material change of circumstance did not occur until a later date.

B. 1. A child support order shall not be modified retroactively regardless of whether support was ordered in a temporary order, a decree of divorce, an order establishing paternity, modification of an order of support, or other action to establish or to enforce support.

All final orders shall state whether past-due support and interest have accrued pursuant to any temporary order and the amount due, if any; however, failure to state a past-due amount shall not bar collection of that amount after entry of the final support order.

C. The amount of a child support order shall not be construed to be an amount per child unless specified by the district or administrative court in the order. A child reaching the age of majority or otherwise ceasing to be entitled to support pursuant to the support order shall constitute a material change in circumstances, but shall not automatically serve to modify the order. When the last child of the parents ceases to be entitled to support, the child support obligation is automatically terminated as to prospective child support only.

D. 1. When a child support order is entered or modified, the parents may agree or the district or administrative court may require a periodic exchange of information for an informal review and adjustment process.

When an existing child support order does not contain a provision which requires an informal review and adjustment process, either parent may request the other parent to provide the information necessary for the informal review and adjustment process. Information shall be provided to the requesting parent within forty-five (45) days of the request.

Requested information may include verification of income, proof and cost of medical insurance of the children, and current and projected child care costs. If shared parenting time has been awarded by the court, documentation of past and prospective overnight visits shall be exchanged.

Exchange of requested information may occur once a year or less often, by regular mail.

a. If the parents agree to a modification of a child support order, their agreement shall be in writing using standard modification forms and the child support computation form provided for in Section 120 of Title 43 of the Oklahoma Statutes.

b. The standard modification forms and the standard child support computation form shall be submitted to the district or administrative court. The court shall review the modification forms to confirm that the child support obligation complies with the child support guidelines and that all necessary parties pursuant to Section 112 of Title 43 of the Oklahoma Statutes have been notified. If the court approves the modification forms, they shall be filed with the court.

Okla. Stat. tit. 43, § 118I

holierthanmao · 2013-03-21T02:20:30+00:00

There are a couple of great family law attorneys who offer advice at /r/legaladvice. Post there and wait for /u/parnsnippity to chime in.

Bobsutan · 2013-03-21T02:52:11+00:00

Explain to her that you can do this the easy way or the hard way, but either way the child support WILL be getting lowered since the law is the law. The choice, and how much pain and trips to the court and lawyer she's willing to make, is entirely up to her.

rightsbot · 2013-03-20T22:28:17+00:00

Post text automatically copied here. (Why?) (Report a problem.)

Always_Doubtful · 2013-03-20T22:53:44+00:00

Good luck my friend cause you'll have a easier time finding a cure for cancer than getting your child support lowered.

2013-03-21T11:28:38+00:00

Ignore the EX and file directly with the court for a modification of the child support payment order that was based on your earnings. If you get a fair judge, it will simply slide through. You should notify them all its happening, but you may not be able to schedule it until you have proof in your hands its happening - like a pay stub. Then the day you get that lowered pay, go file for the modification. If approved, it will take affect the date the modification was filed.

Title	Sequestration and child support
Author	itzBACON
Upvotes	14
Comments	19
Date	March 20, 2013 10:27 PM UTC (13 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/mensrights/comments/1aoyoz/sequestration-and-child-support/
Archive Link	https://theredarchive.com/r/MensRights/sequestration-and-child-support.1608655 https://theredarchive.com/post/1608655

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