recent developments 2008
Post on 25-Jun-2015
Embed Size (px)
DESCRIPTIONRecent Developments in Oklahoma Family Law in 2008
- 1. Recent Developments In Oklahoma Family Law - 2008December 7, 2008 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] [email_address]
- CHILD SUPPORT
3. SB 2194 portions effective 11-1-08
- 21 O.S. 566.1 contempt of court
- Alternative sentencing
- Problem solving court
- 43 O.S. 140 problem solving court structure
- 56 O.S. 240.10 skills training option expanded
- 30 O.S. 2-108 child support in guardianships DHS necessary party?
4. Hogue v. Hogue 2008 OK CIV APP 63, 190 P.3d 1177
- Issue What is fathers income for purposes of calculating child support
- Loan officer, income fluctuates
- Football referee, oil royalties, second job
- Court bases income on last 3 stubs from primary employment.
- Modification made retroactive to month motion to modify custody was filed.
- Held error on both counts
- CHILD CUSTODY
- VISITATION (parenting time)
6. Harrison v. Morgan2008 OK CIV APP 68, 191 P.3d 617
- Custodian seeks to move from Guymon to Poteau.
- Trial court - Custody not modified, but request to relocate denied.
- Appellate court reviewed factors set forth in 43 O.S. 112.3.
- Held mother did not prove that relocation is not in childs best interest.
7. Stonebarger v. Wilkins 2008 OK CIV APP 35, 182 P.3d 849
- Relocation to Texas
- Court enters TRO
- After trial, court allows relocation
- Mother carried burden of proof to show relocation is in good faith
- Father fails to carry burden that relocation is not in childs best interest
8. Hogue v. Hogue 2008 OK CIV APP 63, 190 P.3d 1177
- Child expresses preference age 15 no other change in circumstances
- Court heard child in chambers counsel and parties excluded
- Custody modified
9. White v. White,2007 OK 86, 173 P.3d 78
- 2003 Decree joint custody
- 2005 Mom relocates to California
- 2007 Mom files motion to modify custody
- Motion granted per Rule 4e after opening statements
- Held abuse of discretion -Gibbbons standard trumps judicial economy
10. Kelly v. Kelly 2007 OK 100, 175 P.3d 400
- Guardian ad litem appointed
- Trial court denies fathers request to call GAL as witness.
- Held due process requires that GAL may be called as witness, and cross examined.
- PROPERTY DIVISON
12. Brazil v. Brazil 2007 OK CIV APP 108, 171 P.3d 325
- Major assets home and municipal employee retirement account
- Husband, 54, eligible to retire, but still working
- Wifes expert
- Pension present value if H retires now - $453,665
- Pension value if H retires at 65 - $266,638
- Trial court awards wife alimony & 45.59% of pension value by QDRO.
- Reversed trial court directed to use present value method of distribution
13. Hodge v. Hodge
- Military pension case.Court awards wife of husbands military pension.
- No order entered.
- Service member retires, part of his pension is converted to disability
- Trial court enters order that wife gets of pension accrued during marriage
- Held thats not what the original decree says - reversed.
14. Watkins v. Watkins 2007 OK CIV APP 122, 177 P.3d 1114
- 2000 decree
- 2004 contempt failure to pay property division
- Husband claims offsets by agreement of the parties
- Trial court finds no offset
- Held husband only entitled to credit for wifes share of child medical; court need not fine or imprison every contempt defendant
16. In The Matter of M.J.T 2008 OK CIV APP 56, 189 P.3d 745
- Name change issue trial court changed surname to fathers
- Held no evidence that name change serves childs best interests
- Fulfilling parental responsibilities does not entitle parent to have child carry surname.
- DISSOLUTION PROCEDURE
18. Brooks v. Sanders, 2008 OK CIV APP 66, 190 P.3d 357
- 1991 marriage (Debbie)
- 2000 CL relationship (Brooks)
- 02/14/2006 dissolution (Debbie)
- 05/13/2006 work related death
- Issue who is entitled to workers comp death benefit?
- Held remarriage within Oklahoma within 6 months is voidable under the circumstances
19. ODarling v. ODarling 2008 OK 71, 188 P.3d 137
- Canadian marriage 2002
- Oklahoma divorce filed 2006
- Held proper to vacate decree per 1031.1; remand for further consideration of relief available, if any, under petition.
20. Marriage of Allen, 2008 OK CIV APP 75, 193 P.3d 975
- 2001 Decree
- 2003 agreed modification
- 2007 motion to modify
- Response, motion to vacate 2003 order
- Issue is 2003 order void for lack of motion and service.
- Trial court denies motion to vacate
- Held 2003 order is void.
21. DeLeon v. Avery 2007 OK CIV APP 91, 170 P.3d 1043
- Dissolution case pending, ATI in place
- Temporary order entered
- Husband changes life insurance beneficiary
- Husband dies
- Wife files declaratory judgment action
- Trial court pay successor beneficiary
22. Recent Developments In Oklahoma Family Law - 2008December 7, 2008 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] [email_address]