Can the Child Support Agreement be Deviated Downward?
Your wife has agreed to deviate downward on the child support you would normally have to pay—either to a much lower number or even to zero. Can you make that happen, and how?
Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on fathers’ rights, and I’ve been practicing family law for about 25 years.
Act Quickly for a Downward Deviation
First things first: act fast. Don’t wait. I can’t tell you how many times parties are getting along, reach an agreement, and the wife is willing to give the dad a break on child support—only for him to delay. Then she changes her mind. So, run, don’t walk, to your attorney and get it done.
The statute that governs this—43 O.S. § 118H—allows the parties to agree to a downward deviation. But the court must make specific factual findings showing that the deviation is in the best interests of the child or children. That means you can’t just say, “She’s being nice to me.” The court will want reasons such as:
Key Requirements for a Downward Deviation
It sometimes takes a bit of creativity—and knowing how a particular judge views these situations—to craft reasons that will be accepted.
Another key requirement: your wife must be represented by counsel when agreeing to a downward deviation, because she’s the one not benefitting from it. She doesn’t need an attorney for the entire case, but at least for this modification. If necessary, you may even consider paying for her attorney for a couple of hours to get the order in place. That’s allowed, as long as the attorney still represents her interests, not yours.
Get Help with Your Child Support Agreement
So yes, it can be done—but it must be done carefully, quickly, and properly documented.
Give Tulsa child support attorney Clint Hastings a call at 918-962-0900 if you have questions about this or any other family law issue, and we’d be glad to help.
