Child support is an essential aspect of family law that aims to provide children with some cash support from both parents, irrespective of where the child may reside. There are rules and frameworks in Oklahoma that the legal system adopts when addressing issues related to child support. But there are some situations when parents can ask for changing child support or even completely discharge themselves of the responsibility. The following are some of the legal provisions that a person will need to comprehend in order to deal with the circumstances of child support in Oklahoma.
What is Child Support?
Child support is the legal obligation made by one parent to the other with the view of contributing to the costs of raising the children. These needs may range from the basic needs where someone is providing a meal, a place to stay, schooling, and medical needs to the child. Child support is also influenced by factors such as parental income, child needs, and any existing child custody.
Can You Waive Child Support?
The obligations of child support in Oklahoma are deemed as enforcement of legal rights, and being a legal right, it may not be extinguished by mere consensual acts of the parties. This simply means that even though the two parents may both agree to change or even do away with child support payments, it may be done, provided it is under the court’s endorsement. Here’s why:
- Legal Requirement: Child support laws vary from state to state and both parents are legally required to make contributions toward the upkeep of their children. The legal guidelines shall lay down how child support orders ought to be assessed and arrived at, all in an effort to meet the needs of the child in court.
- Best Interests of the Child: The principles of the best interest of the child and of the child’s right the have this idea uppermost in its mind. Exempting child support by parents may also prove disadvantageous for the child by compromising the child’s needs and financial stability. Consequently, any alteration or exclusion should be approached cautiously so as not to have a deleterious effect on the child.
- Court Approval: If you think that it is required to change or suspend the child support payments, e.g., due to changes in income or difficulties to pay, then a Modification of Support through a court is required. Court is going to look at the case, motives behind the augmentation, and decide whether an increase is warranted or not.
How to Request a Modification
If one wants to modify the existing child support orders, then he or she has to contact the same court that issued the child support order:
- File a Petition: If one wants to modify the existing child support orders then he or she has to contact the same court that issued the child support order. The petition then notes the rationale for the change and the materials that should support the request for the change.
- Provide Documentation: n addition, be sure to include any documents to the court that can support your case for an adjustment in child support payment including; an income statement of the sources of your income before and after the change, balance sheets, or any other evidence that will justify the change of circumstances that might prevent the payment of the said amount of child support.
- Attend a Hearing: Next, the court will set a date to hear your claim with regard to the request. In this hearing, there is a chance to explain the need for modification to be made and offer reasons for such change to be made. The other parent also may contribute his/her point of view, and the decision will be made by the court in favor of the child’s best interest.
- Receive a Court Order: When granting your request for modification, the court will re-adjust the child support order as you desire. If the application is declined, then the initial order for the child support payment is preserved.
Role of Legal Assistance
Getting through the many folds of child support, especially in matters of change or dispute, is, however, not easy. It is suggested that before entering into an SOE, one should seek legal advice in order to be cautious with the law and also to make sure that he or she does not take advantage of others. This is the case since there are numerous lawyers who are well-versed in family law and thus they can be of help in either guiding you on the right procedures to undertake or even filling out the necessary papers and representing you in court.
Conclusion
Child support is a legal obligation in Oklahoma, and it is crucial to improving the lives of children. However, it is not possible to relieve oneself from the payment of child support without the permission of the court, but adjustments can be made in some situations. Knowing how child support can be modified and the conditions provided on how the change happens can be very helpful in arriving at the right decision simply because the change will have to be in the best interest of the child.