My ex owes $34,000 in back child support. I receive approximately $80 monthly. At this rate the child support will not be paid in full in his (or my) lifetime. I would like to take him back to court and have this amout modified to a realistic amount. My ex makes a good living doing heating and air and owns a new Harley Davidson as well as an older Harley (1998?) a 2009 infinity, 2 pickup trucks, a sls 500 convertible Mercedes. 2005 Buick Enclave, a 5th wheel travel trailer. New riding lawn mower with trailer to haul. I have heard he's now buying his home, a rent to own thru his landlord. (Not positive on this one) He had season tickets to OU football, and Thunder Basket ball games... etc. The reason I'm itemizing these is to show he definitely has the money to pay a more realistic amout of support. If he was struggling to keep his head above water I wouldn't even consider a modification. But, during the time he wasn't paying a dime I was a single mom of 4 and paid every bill, and misc. with no help. So the way I look at it now is, he's doing very well and is taking full advantage of it, while he has completely dismissed the fact he didn't pay anything for several years to help support his son. And dosent really care either.
Analyzing the Legal Question on Back Child Support Judgement
In the bustling city of Oklahoma City, child support obligations are paramount. When an individual has been previously mandated to provide child support and they're seeking to modify that judgement, there are legal routes available. One might question if it's feasible to revisit the courts and ask for an alteration in the determined sum.
Relevant Statutes in Oklahoma City
- Oklahoma Statutes Title 43 - Marriage and Family: This statute, in various sections, addresses the obligations and rights pertaining to child support. Link to the Statute
- Oklahoma Administrative Code - Section 340: This section elaborates on the Department of Human Services' role concerning child support services. Link to the Code
Potential Solutions
Should you wish to modify an existing child support judgement, follow these steps:
- File a Motion to Modify: This legal document explains the reasons you believe the child support order should be changed.
- Supply Adequate Evidence: Present evidence supporting the claim for modification. This might be due to significant changes in income, needs of the child, or other substantial reasons.
- Legal Representation: While one can represent themselves in these matters, hiring a family lawyer to navigate the complex legal waters can be invaluable. To compare lawyers in your area, ensure you consider their experience and skills in the relevant type of law.
- Court Appearance: Attend the scheduled court date and argue the case before a judge.
- Court's Decision: If convinced, the judge will issue a new order modifying the previous judgement.
Estimate Rates for Legal Services in Oklahoma City
Type of Service | Estimated Cost |
---|---|
Initial Consultation | $50 - $200 |
Motion Filing Fee | $150 - $300 |
Family Lawyers' Hourly Rate | $200 - $500 |
Court Appearance Fee | $500 - $1,200 |
Total (Approximate) | $900 - $2,200 |
Clarification & Next Steps
Your exact path and costs will vary depending on your unique circumstances. For more accurate estimates and a deeper dive into your options, find the right lawyer based on their knowledge in this area of law.
Questions to Consider
- Why are you seeking a modification? The reason can significantly influence the court's decision. Is it a change in income, the needs of the child, or some other substantial reason?
- What documentation can you provide to support your claim? Pay stubs, medical bills, or other concrete evidence can be invaluable.
- Have there been any major life changes since the original judgement? Events like a new job, medical emergencies, or relocations can be crucial in your argument.
Legal Disclaimer
Please note that the provided information does not establish an attorney-client relationship and should not be taken as legal advice. For specific guidance on your situation, consult with a qualified attorney.
A Family attorney in the United States is a lawyer who assists clients with civil legal matters, such as "child custody", "alimony", "domestic violence" or "divorce" cases. The "family law" candidate should have at least 2 years of family law experience. These experiences may include divorce proceedings as well as child custody and counseling. Browse our database of family lawyers and get a free family law consultation.
- Marriage, civil unions, and domestic partnerships (domestic violence)
- Adoption and surrogacy
- Child abuse and child abduction (child custody, child care)
- The termination of relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards
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- paternity testing and paternity fraud
- more about family law at wikipedia