Filing an appeal can be a complicated process. You don’t want to go through it alone. Instead, you should hire a Tulsa child support appeals lawyer to help you with everything from filing paperwork and keeping track of deadlines to constructing an argument as to why the decision should be appealed.
The team here at Bundy Law has years of experience in interpreting and applying child support appeal laws to our clients’ benefit. Our team consists of skilled Tulsa family law attorneys, including the only International Academy of Family Lawyers member in Oklahoma. Let us apply our knowledge and experience to your child support appeal case.
In 2022, the average amount of child support received in Oklahoma was $5,111. That accounts for 13.6% of the parent receiving the support’s personal income. There were 92,361 parents paying child support in 2024. Only a small percentage of these parents appealed their child support court orders.
Appealing a court order in Tulsa is a difficult process that involves providing proof of legal misconduct or errors. You need to hire a child support appeals lawyer to help you understand the process, stay ahead of deadlines, and come up with a coherent argument for why your case should be appealed. Your Tulsa family law appeals lawyer can help you:
Every final judgment in Oklahoma can be appealed, including child support orders. However, you must have grounds for filing the appeal. Most child support appeals address one of these major issues:
In most cases, inaccuracies in determining the child’s needs, errors in the financial assessment of both parents, or deviations from the state guidelines are considered grounds for filing a child support appeal.
As you can see, the appeals process isn’t about whether the order is fair or whether you agree with it. You can only file an appeal if you believe that there were procedural or legal errors that got in the way of a fair ruling.
It’s easier to seek a modification than it is to file a successful appeal. You can request that the court modify a child support order any time there is a material change in circumstances. Those can include:
If your child turns 18, that’s also considered a material change in circumstance. As with other changes, parents must usually ask the court to discontinue child support orders for children who become adults.
Even if your family hasn’t undergone any substantial changes, you might be able to modify your child support agreement if a sufficient amount of time has passed. Appeals, on the other hand, can only be filed within 30 days of the issuance of the final judgment. Reach out to a Tulsa modification lawyer to learn more.
You must begin the process of appealing a child support order within 30 days of the initial judgment. If you have the grounds for an appeal, you can file a petition in error. This form tells the court that you disagree with its decision.
You’ll have to prepare a record on appeal. This record should include all the information a higher court will need to determine whether to alter your order. You’ll also need to write and file a brief explaining your position. The other parent will also have the opportunity to file a brief. In some cases, oral arguments will also be heard before the court makes its final judgment.
The most common reasons for a child support appeal include errors with income calculation, including fraud, misrepresentation, and incorrect reporting, improper application of state guidelines, and procedural mistakes that affect the outcome of the case. You can’t appeal a child support case just because you disagree with the judge’s ruling. You need to have grounds for the appeal.
The Oklahoma law on child support uses a formula based on both parents’ income, the number of children, the time spent with each parent, and the cost of healthcare and childcare to establish an equitable child support payment amount. Child support continues until the child turns 18 and graduates from high school, and it is strictly enforced.
There is no statute of limitations on child support in Oklahoma. The state can collect child support in arrears even if the former child is now an adult. The state can use methods such as wage garnishment, license suspension, and passport denial to force parents to make payments. The child support order must be established before the child turns 18, but it is enforceable indefinitely.
The odds of winning a child support appeal are low. To win your appeal, you’ll need to prove that there was a procedural error or an abuse of judicial discretion that materially affected the outcome of your case. Even with the proper grounds, you’re not guaranteed to win at the Oklahoma Court of Civil Appeals. You can increase your chances of success by hiring a Tulsa child support appeals attorney.
If you believe there were procedural errors or an abuse of judicial discretion, you may want to appeal your child support ruling. You can do that with the help of a Tulsa appeals lawyer. The team here at Bundy Law has extensive experience with family law cases. Find out if our Tulsa child support attorneys can help with your appeal case. Contact us to schedule an initial consultation today.