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I need to change the custody and child support on my divorce…

Customer Question
I need to change...

I need to change the custody and child support on my divorce decree

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Oklahoma

Lawyer's Assistant: Has anything been filed or reported?

I divorced in 2013, currently child support office is doong something but its been a year and half

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I need to do sole custody and state requirment of support because it currently doesnt meet that.

Submitted: 1 year ago.Category: Family Law
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Answered in 41 minutes by:
7/13/2017
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,567
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
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What exactly is your question?
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Customer reply replied 1 year ago
Can i modify my child support to meet state regulations and file for sole physically and legal because he doesnt follow guidelines of divorce decree
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago
What do the current orders say in this regard.
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Customer reply replied 1 year ago
Joint legal, i have physical. He has-never followed the visitation order and the-support is lower than state guidelines
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago
If your order does not contain an order for medical support;
If your order that has not been calculated according to Child Support Guidelines;
If there will be a 10 percent change in the amount of support according to child support guidelines; or,
If there is a significant change of circumstances.
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Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago
A significant change in circumstances includes English
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Modification of Child Support Q & A
Authored By: Legal Aid Services of Oklahoma, Inc. LSC Funded
FAQ
I need to understand the terms that will be used to explain the Child Support Modification process.Modification: An order changing an existing child support court order.Review: The process in which the current child support current child support order is looked at along with the changes in income or circumstances, to see if modification is needed. This can be accomplished through OK DHS Child Support Services in some cases or with a private attorney in front of a judge.Pro Se or Self-Represented Litigant: Refers to the person who represents him or herself in a court action without an attorney.Child Support Guidelines: The calculation of monthly child support, which is set out in state law. Child Support Services (OK DHS CSS) can only address child support, medical support, child care, and past-due balances on child support.How are child support orders modified?Using a private lawyer:
You can hire a private attorney to take your case in front of a judge and ask that current child support be changed. You will probably have to give the lawayer money up front to start the case and you will probably have to pay court filing fees. It is usually much faster to use a private attorney for this proces.Using your own lawyer also allows you to address other issues such as custody, visitation, or tax exemptions.Doing it yourself:
You can write up court papers yourself and file them with the court clerk, asking that the judge set a hearing to decide if a modification of child support will be ordered. You should always talk to a lawyer and have your paperwork reviewed before you do this. You must understand the law that will be applied to your case and be able to give the judge reasons and present evidence that supports your request to change the child support order.You can do it yourself through a Pro Se Modifiation process. You can request a Pro Se Modification packet by calling the OK DHS CSS CARE Call Center at 1-***-***-****.Using OK DHS Child Support Services:You must send a written request to the OK DHS Child Support Services office that has your case. If you do not have a child support case with OK DHS CSS or you are unsure of where to send your request, you can obtain that information by calling the Child Support CARE (Customer Assistance Response Effort) Call Center at 1-***-***-****. If you are opening a new case with OK DHS CSS, please note that you are requesting all child support services not just a modification of the child support order. Upon receipt of a request, the child support office will review the order and determine if it qualifies to modify. Using DHS usually takes a lot longer than using a private lawyer or going to court yourself.What qualifies my child support order to be modified?If your order does not contain an order for medical support;
If your order that has not been calculated according to Child Support Guidelines;
If there will be a 10 percent change in the amount of support according to child support guidelines; or,
If there is a significant change of circumstances such as:The child is no longer entitled to child support;
Verified permanent medical disability of either parent;
Court ordered custody change;
Change in daycare or medical insurance; or,
Significant change in income in either parent's income
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Customer reply replied 1 year ago
20%
Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago
Sorry, that was in incorrect post. Here is what i had intended:
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Family Lawyer: S. Kincaid, Family Law Attorney replied 1 year ago
Everything above, What qualifies my child support to be modified," was not intended as it didn't answer your question, but there might be information in there that's relevant to you.
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