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Recent Developments in Oklahoma Family Law in 2007

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  • 1. Recent Developments In Oklahoma Family Law - 2007December 7, 2007 Materials Julie S. RiversSlides - David A. Tracy Family Law Solutions P.C.Naylor, Williams & Tracy, Inc 6440 Avondale Dr., Ste. 2081701 S. Boston Ave. Oklahoma City, Oklahoma73118Tulsa, OK74119 405-843-5581918-582-8000 [email_address]

2.

  • PROPERTY DIVISON

3. Duty v. Duty

  • 2007 OK CIV APP 43, 162 P.3d 939
  • Stock options awarded during marriage
  • Vested after divorce filed
  • Wife unvested options granted during marriage are marital property
  • Husband must remain with company for option to vest future income (Ettinger)
  • Trial court grants Wife one third of net interest in options (market strike price)
  • Affirmed

4. In Re Marriage of Woodard

  • 2007 OK CIV APP 61, 164 P.3d 1144
  • February 1997 20 years service as firefighter Option B plan enrollment
  • April 1, 2005 retirement date under Option B
  • December 30, 2004 heart attack
  • Disability pension awarded effective April 1, 2005
  • Trial court found pension benefit marital
  • Affirmed

5. Military Retirement

  • In re Marriage of Guy , 2007 OK CIV APP 86, ___ P.3d ___
    • Trial court awards substitute award for VA benefit
    • Order to pay SBP premium
    • Reversed
  • Hayes v. Hayes , 2007 OK CIV APP 58, 164 P.3d 1128
    • Retirement benefits converted post decree to disability benefit
    • benefit could be satisfied via direct payment by Husband

6.

  • ALIMONY

7. Burrell v. Burrell

  • 2007 OK 47
  • 1997 divorce in Georgia - monthly alimony for life, Georgia law controls
  • He moves to Michigan, she to Oklahoma, remarries
  • He files here under UEFJA moves to terminate
  • She files for declaratory judgment
  • Trial court applies Oklahoma law, finds husband waived right to terminate
  • Supreme Court reverses no express waiver of statutory termination of alimony on remarriage

8. Burrell v. Burrell

  • Statutes concerning support alimony apply unless specifically waived in consent decree.
  • Consistent withDickason v. Dickason
  • DistinguishesStuart v. Stuart
  • Does not mentionWhitehead v. Whitehead
  • No subject matter jurisdiction UIFSA 211

9.

  • COSTS AND EXPENSES

10. Kerby v. Kerby

  • 2007 OK 35, 164 P.3d 1049 ( Kerby III )
  • Child support modification trial
  • Trial court awards wife $57,673 in fees $2,296.15 in trial costs, and $9,225.00 in expert witness fees for attorney fee hearing
  • Fathers fee request denied
  • Affirmed judicial balancing of equities

11.

  • CHILD CUSTODY
  • VISITATION
  • UCCJEA

12. Mahmoodjanloo v. Mahmoodjanloo

  • 2007 OK 32, 160 P.3d 951
  • Dad custodian notice of move to New York
  • Mom files objection, request for temporary custody
  • Trial court dads move is in good faith, but dad failed to show move in childrens best interests
  • Reversed for improperly applying stage 2 burden on father

13. ATKINSON V. ATKINSON

  • 2006 OK CIV APP 151, 149 P.3d 1085
  • 2002 Decree, split custody of 2 children
  • Mom suggests a move in 2005.Dad files objection and motion to modify custody
  • Mom files response, counterclaim & motion to dismiss
  • Mom gives written notice per 43 O.S. 112.3
  • Dad files another objection, mom files motion to modify child support.

14. Atkinson v. Atkinson

  • Trial court grants fathers motion to modify custody, does not rule on relocation request.
  • On appeal
    • Change in custody governed by 43 O.S. 112 (A)(3) &Gibbons v. Gibbons,1968 OK 77 .
    • Trial court relied on relocation statute 43 O.S. 112.3 (I-J) instead of modification statute.
    • Court should have determined merits of relocation before deciding custody issue.
    • Evidence did not support change of custody.

15. In Re J.J .

  • 2007 OK CIV APP 72, 167 P.3d 980
  • Deprived action in Oklahoma
  • Pending custody proceeding in North Carolina
  • Mom relocates to Oklahoma summer visit
  • Both parents in violation of N.C. order
  • Trial court says emergency juris. Appropriate under UCCJEA, deprived declaration
  • Remand with instructions to set time for Dad to file in N.C., and to contact N.C. court

16. In Re Marriage Norrod

  • 2007 OK CIV APP 65, 165 P.3d 366
  • Mom and child live with grandparents from birth Dad in military
  • Dissolution pending when mom in accident comatose
  • Dad has temp custody while mom languishes
  • Grandparents intervene Mom passes
  • Trial court awards custody to Dad over G.P. - Affirmed

17.

  • ADOPTION - TPR

18. In Re Adoption of LDS

  • 2006 OK 80, 155 P.3d 1
  • Foster parent adoption AWOC
  • Child adjudicated deprived
  • No child support ordered for 8 months then only from mom no income assignment
  • No TPR AWOC application granted child support set for father
  • Final adoption granted while appea pending
  • Reversed no wilful failure to pay no jurisdiction to grant final order while AWOC appeal pending

19. Cherokee Nation v. Nomura

  • 2007 OK 40, 160 P.3d 967
  • Mom offers Indian child for adoption through Florida agency
  • No notice to tribe Interstate Compact administrator objects
  • Tribe files for TRO - ICPC admin seeks declaratory judgment
  • Trial court says notice to tribe required to allow removal of Indian child from Oklahoma for adoption - affirmed

20. ADOPTION OF R.L.A.

  • 2006 OK CIV APP 138, 147 P.3d 306
  • Stepparent adoption AWOC
  • Dad eligible for Creek Nation enrollment
  • Q:Does ICWA apply to adoption?
  • Q:Burden of proof required for AWOC?
  • Disposition remand with instructions to apply proper standard.

21.

  • CHILD SUPPORT
  • UIFSA

22. Kerby v. Kerby (II)

  • 2007 OK 35, 164 P.3d 1049
  • Kerby I increase in income is material change in circumstances consider needs of children on remand
  • Fathers income is relevant, his lifestyle is not
  • Increase in support from $1,500 to $2,800 per month, 62K arrearage
  • Affirmed as to modification and date of effect

23. Decker v. Davis

  • 2007 OK CIV APP 46, 162 P.3d 956
  • Colorado order for support both parents have since moved from Colorado
  • Business-only use of vehicle is not income for setting child support
  • Gross income should include pretax contributions to 401k plan
  • Allocating dependency exemption requires balancing of equities

24. Been v. Been

  • 2007 OK CIV APP 31, 158 P.2d 491
  • Issues:Husbands income, child support, incremental increase in visitation
  • Held
    • Trial court properly imputed minimum wage to father for calculating child support
    • Temporary order judgment could not be awarded due to inadequate record
    • Wife should not be required to deliver child mid-way for interstate visits OK to increase visits at age 10
    • Property division judgment of $20,000 affirmed.

25.

  • DISSOLUTION PROCEDURE

26. Flandermeyer v. Bonner

  • 2006 OK 87, 152 P.3d 195
  • First day of trial May 12, 2005.
  • Two more days of trial over next year, including two passes.
  • 5-25-06, husband objects, claims due process violation, court stays proceedings pending writ.
  • Original jurisdiction assumed, writ denied

27. Abrams v. Abrams

  • 2007 OK IV APP 4, 153 P.2d 70
  • 1996 divorce
  • Modification order 09/11/02
  • 2005 contempt against Father
  • Father files motion to vacate 2002 order
  • Held trial court dismissal affirmed
    • Husbands claimed negligence of prior counsel imputed to husband

28.

  • NEW LEGISLATION

29. 10 O.S. 5

  • Grandparent visitation revisited

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