Does Remarriage Affect Child Support in Oklahoma?
Courts account for many factors when determining child support, but remarriage is not one of them. The primary issues of concern include both parents’ income and the child’s needs. Family attorneys in Oklahoma add that other factors that may come into play are:
- Health insurance costs
- Visitation arrangements
- Childcare expenses
- The child’s unique needs
The income of a new spouse isn’t factored into the equation. If you’re a paying parent and believe your child support payments should be modified based on your remarriage, seek the counsel of skilled lawyers in Oklahoma. They could evaluate your case and help you determine specific factors warranting a modification.
Will My Child Support Payments Reduce If I Have Another Child?
Understandably, your life won’t stop after a divorce, and you will probably remarry and have another family. Having another child is a significant life change that affects various aspects of your life, and you may wonder how it can affect your child support payments.
Child support lawyers in Tulsa note that having another child does not automatically reduce your child support obligation. Before you start paying less than you should or try to justify the change, consult experienced lawyers for legal counsel. They can help you navigate Oklahoma’s complex child support laws to obtain a favorable outcome.
Impact of Remarriage on Child Support
While having a new family may not reduce your child support obligation, it can be a basis for seeking a modification on the amount you must pay. A new family means more financial responsibilities, which could justify reducing child support payments.
However, the specifics may vary from one case to another, and it would help to work with skilled Tulsa child support attorneys to help you determine the best course of action. Remember that the outcome should uphold the best interests of the child in question.
How Can I Determine If Remarriage Has Caused Significant Changes in My Circumstances?
Tulsa child support attorneys explain that defining significant changes can be complex, especially because the changes vary from case to case. Nonetheless, courts consider the following standards when determining whether to modify child custody obligation based on remarriage:
An Increase in Household Expenses
Courts give priority to children from a previous marriage in child support cases. However, judges will consider additional costs, such as medical expenses and childcare for the new children. For example, if the new child required intensive care due to a congenital health condition, the court could reduce child support payments.
Your request for modification should be based on the increased household expenses, not because of remarriage. Working with experienced child support lawyers in Tulsa is crucial to prevent you from filing a petition with mistakes that could cause the court to dismiss it.
A Drastic Change in Income Amount
If your income changes involuntarily, you could seek child support modification to lower the payments. Some legal grounds for lowering the payments include:
- Loss of your job or source of income (wages, salaries, tips, bonuses, commissions, dividends, interest, annuities, pensions, Social Security benefits) due to reasons such as being laid off
- Inability to work at your previous capacity due to an injury or illness
- Any other drastic and involuntary change in your circumstances
If the court finds that you are willfully or voluntarily unemployed or underemployed, it can impute your income. That means it can attribute some of your income to the other parent for child support. In determining whether to impute your income, Tulsa child support lawyers say that a judge will consider factors such as:
- Your past and present employment
- Your education, training, and ability to work
- Your lifestyle
- Additional relevant factors
A change in your new spouse’s income is not a variable in calculating your new child support obligation. Consult skilled lawyers if your situation falls under one of these categories and you believe you should file a petition to modify the child support agreement after remarriage.
How Can I Seek Child Support Modification in Oklahoma?
State laws govern child support modification in Oklahoma, and the family court system typically handles the process. Skilled Oklahoma family law attorneys can help you follow the necessary steps in seeking a modification to increase the likelihood of a favorable outcome:
- Determine your eligibility: Once your lawyers assess your situation, they will advise on whether you qualify to pursue a child custody modification based on significant changes after remarriage.
- Gather relevant evidence: The lawyers will also help you collect documentation that supports the change in circumstances, such as proof of the new child’s birth or adoption, financial records, pay stubs, or other relevant court orders or agreements to support your claim.
- File a modification petition: Once you present your case to court, it may proceed to a court hearing where you will argue it out, providing evidence that shows the need for a modification. Legal representation can go a long way in fighting for a favorable outcome, as lawyers know how to navigate such cases.
- Await the court’s decision: Once you present your arguments and evidence, the court will decide on the modification. If it approves your request, the court will issue an updated child support order that reflects the changes.
A Skilled Child Support Lawyer Helping You Navigate Child Support Payments After Remarriage
After a divorce, it’s normal for some people to remarry and raise new families. If you’re in such a situation, you may wonder how your new marriage could affect your child support payments as the paying parent. Child support attorneys in Tulsa advise that remarriage doesn’t directly affect child support, but you can seek to modify the order if you can prove substantial material changes.
Child support attorneys at Parsons, Graham & Day, LLC, can help you determine eligibility for a modification petition based on changes related to your new marriage. We can also help you collect the necessary evidence and present it in court in your favor. Call us at 918-553-5771 to schedule a FREE consultation.