Modifying Your Stillwater Divorce Decree

If you have evidence of substantial, unforeseen changes in circumstances since your Stillwater divorce decree was issued that render the terms unreasonable, you can modify it.

Continue reading to find out more information about modifying your Stillwater divorce decree in Oklahoma.

Modifying Property Division in a Stillwater Divorce Decree

Though many other aspects of a Stillwater divorce decree can be modified under the right circumstances, the division of property ordered in a Stillwater divorce decree, similar to the transference of real or personal property in any other situation, cannot be modified.

Modifying Spousal Support

A modification of spousal support can be requested by either party to the divorce, if there is evidence that certain material circumstances warrant an adjustment.

For example, an increase or decrease in the income or living expenses of either party may be sufficient grounds for a modification of spousal support to be granted. Likewise, evidence that the receiving spouse is cohabiting with a member of the opposite or same sex may also be grounds to grant a modification of spousal support.

Modifying Child Support

A child support order may only be modified if it was ordered in an Oklahoma divorce decree and if the requesting party can show evidence of significant changes in circumstances since the divorce decree was granted.

For instance, an unforeseen need for special education or medical treatment for one or more of your children may be sufficient grounds for an increase in spousal support. Contrarily, an increase in the income of the receiving party may be sufficient grounds for a reduction in child support.

Although future child support payments may be modified under the above circumstances, it is virtually impossible to modify the amount of back child support owed. Child support cannot be modified retroactively.

Modifying Child Custody

Like child support, a child custody order can only be modified if it was determined in your divorce decree and there is evidence of substantial changes in circumstances since your divorce was finalized.

Oklahoma courts operate under the presumption that it is in the best interests of your children to leave the custody arrangements as they were originally ordered in your Stillwater divorce decree.

So, in addition to proving to the court that there has been a substantial change in circumstances, the parent seeking the modification must also show that whatever change is being requested will be even better for the children.