recent developments 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]

2.

• 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

5.

• 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

• Affirmed

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

• Affirmed

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.

11.

• 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

15.

• PARENTAGE

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.

17.

• 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

• Issue

• 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

• Affirmed

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]