recent developments 2008
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Recent Developments in Oklahoma Family Law in 2008TRANSCRIPT
Recent Developments In Oklahoma Family
Law - 2008
December 7, 2008Materials – Julie S. Rivers Slides - David A. TracyFamily Law Solutions P.C. Naylor, Williams & Tracy, Inc6440 Avondale Dr., Ste. 208 1701 S. Boston Ave.Oklahoma City, Oklahoma 73118 Tulsa, OK 74119405-843-5581 [email protected] [email protected]
CHILD SUPPORT
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?
Hogue v. Hogue2008 OK CIV APP 63, 190 P.3d 1177
Issue – What is father’s 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)
Harrison v. Morgan 2008 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 child’s best interest.
Stonebarger v. Wilkins2008 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 child’s best interest Affirmed
Hogue v. Hogue2008 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
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
Kelly v. Kelly2007 OK 100, 175 P.3d 400
Guardian ad litem appointed Trial court denies father’s request to call GAL
as witness. Held – due process requires that GAL may be
called as witness, and cross examined.
PROPERTY DIVISON
Brazil v. Brazil2007 OK CIV APP 108, 171 P.3d 325
Major assets – home and municipal employee retirement account
Husband, 54, eligible to retire, but still working Wife’s 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
Hodge v. Hodge
Military pension case. Court awards wife ½ of husband’s military pension.
No order entered. Service member retires, part of his
pension is converted to disability Trial court enters order that wife gets ½ of
pension accrued “during marriage” Held – that’s not what the original decree
says - reversed.
Watkins v. Watkins2007 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
wife’s share of child medical; court need not fine or imprison every contempt defendant
PARENTAGE
In The Matter of M.J.T2008 OK CIV APP 56, 189 P.3d 745
Name change issue – trial court changed surname to father’s
Held – no evidence that name change serves child’s best interests
Fulfilling parental responsibilities does not entitle parent to have child carry surname.
DISSOLUTION PROCEDURE
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 worker’s comp
death benefit? Held – remarriage within Oklahoma within 6
months is voidable under the circumstances
O’Darling v. O’Darling2008 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.
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.
DeLeon v. Avery2007 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
Recent Developments In Oklahoma Family
Law - 2008
December 7, 2008Materials – Julie S. Rivers Slides - David A. TracyFamily Law Solutions P.C. Naylor, Williams & Tracy, Inc6440 Avondale Dr., Ste. 208 1701 S. Boston Ave.Oklahoma City, Oklahoma 73118 Tulsa, OK 74119405-843-5581 [email protected] [email protected]