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Recent Developments in Oklahoma Family Law in 2008

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  • 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]

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