Motions to Modify
An Oklahoma child custody or child support order of the Court may be modified or changed. The Court will examine whether circumstances render the change proper and if it is in the best interest of the child to do so. This applies to both litigated orders and agreed orders.
A Motion to Modify involves changing a prior court order. A number of orders can enter the process of modification if a party files the appropriate Motion with the Court. However, there are strict limitations on certain orders that make modifications impossible. Although property and debt division are primary issues of divorce, an order relating to these subjects cannot be modified. A court order on property and debt division becomes a final judgment, and if not appealed within 30 days, it can only be modified based upon fraud.
On the other hand, legal issues relating to a child, such as custody, visitation, and child support are all subject to modification when there has been a change in circumstances. Additionally, any issue dealing with spousal support within the term of the support award from the divorce court is subject to modification based upon the appropriate evidence.
When a client is served with a Motion to Modify, it is imperative that he/she reviews the paperwork carefully, as it will state whether hearing dates have been set and what type of relief is being requested. It is highly recommended that any individual served with a Motion to Modify seek an experienced family law attorney to assist him/her through the process immediately upon being served.
If you would like to schedule an appointment with a skilled Family Law attorney at Echols & Associates in Oklahoma City, please contact us at (405) 691-2648.