Oklahoma divorce information

Having children before marriage is becoming more popular in the United States recently. In 1940, nearly 4 percent of births were to unwed parents. As of 2015, the CDC’s National Center for Health Statistics reported 40 percent of births in the United States were to parents who were not married. When parents aren’t married, and live apart, it could become necessary for one of them to pay child support in Oklahoma.

A recent survey from the Institute of Family Studies shows that of the population of 28- to 34-year-olds — commonly referred to as “millennials” — 55 percent chose to have children without getting married.

If more than half the population in the United States of child-bearing age is choosing to have children outside of marriage, speaking to a child custody attorney is necessary to understand your rights and responsibilities as a parent if you and your partner chose to separate.

Rights and Responsibilities

As a parent, legally you have certain rights the court grants to you. Many of these rights include access to the legal system to request certain types of orders, commonly know as “standing.”

Standing is defined as the legal right to “stand” before a court and request an order — or defend one — with enough connection and cause to advocate on their own behalf. A parent to a child has standing to petition for specific orders.

A parent’s rights to not extend to a judge to automatically ordering a certain outcome, however. A party must prove their case, ideally with the representation of an child custody attorney.

A parent’s rights include:

• Request a custody order
• Request visitation
• Remain up-to-date on their child’s education and health
• Be notified before any determination is made concerning parental rights
• Request child support

As a parent, you not only have rights, but responsibilities. These responsibilities include:

• Provide education and health
• Financial support
• Emotional and spiritual support
• Loving and safe living environment
• Support in their growth and development
• Treat and care for any special needs

Custody Order vs. Private Parenting Plan

If there is not a current custody order in place, you and your partner can either choose to create a parenting agreement with a child custody attorney, or your child custody attorney can help you file a petition for child custody and child support.

One of your rights as a parent is to request financial support for the care of your child. The assignment of child support in Oklahoma is based on the assumption both parents will pool their incomes to support their child.

In calculating child support, the court will determine the gross income of the parties, and then combine the amounts to determine the gross monthly family income. Each parent’s gross family income contribution percentage is then used as the percentage share of the base child support amount. The non-custodial parent is required to pay the custodial parent a base child support amount.

The above description is used when a child custody attorney helps you file a petition for child support. You and your partner can either create a parenting plan on your own with a child custody attorney, or you can choose to ask a judge to determine custody instead.

If you choose to privately create a child custody and support agreement, you and your partner can choose your own amount — however the amount must be in the best interest of the child. A child custody attorney can advise you on the proper amounts.

Initial Consultation with a Tulsa Child Custody Attorney

As a parent, you are obligated to support your child financially, even if you and your partner were never married.  If you are the custodial parent, you are entitled to an amount to assist in the financial support of your child.

Meeting with a child custody attorney will help you understand the process more thoroughly and be prepared during the child support process.

Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma child custody and support procedure.

For a low-cost confidential consultation, call now: (918) 924-5526.

A very common occurrence these days is for working parents to place their children in childcare during custody time in Oklahoma because they have to be at work during normally scheduled custody.

For example, a father works on Saturdays because he is a cars salesman, and Saturdays are when he earns most of his commission for the month. However, the mother remains at home and is unhappy that the children are at their father’s house being watched by a babysitter instead of with her.

Many parents in the mother’s situation may want to move for a change in custody so that they can be with their children on Saturdays instead of the children being in childcare during custody time with their father.

Is Childcare During Custody Time Not in the Child’s Best Interest?

In order for the mother in the above example to change custody and take away custody time from the father, she must prove it is in the best interest of the children to remove that custody time from the father, and that the children are better off with her instead of childcare during custody time.

Most family law attorneys will warn you that this is a difficult hurdle if the father is generally a good parent, working in order to provide for the family, and spends time with the children when he returns home. It is possible that the father returns home during the day for lunch or leaves work early sometimes to spend extra time with his children.

Children are better able to bond with their parent if they are at their home, and have a sense of belonging at that home even if the parent is not home all the time. It is important to remember that decisions should be based on the child’s welfare and whether they are negatively impacted by being in childcare during custody time.

When it is Not in Child’s Best Interest to Be in Childcare During Custody Time

There are some instances when a parent will leave their child with a childcare facility, babysitter or family member for the wrong reasons.

If the other parent is unemployed and leaving the child in childcare during custody time in order to go out drinking every night with friends, go play video games all day, or any other activity that is consistent and results in spending little to no time with their child, this could be grounds for a change in custody.

It is best to discuss these concerns with a family law attorney and document everything you hear or are told about the custody time with the other parent.

Modifying Child Custody

If you decide that you want to proceed in modifying child custody due to your child being in childcare during custody time with the other parent, the first step is to contact a family law attorney.

Your family law attorney will explain that in order to change custody, there needs to be a significant change in circumstances that are permanent, material and substantial. Some examples include:

• Relocation
• Loss of Job
• Neglect or abuse
• Child preference to live with a certain parent

It is up to the family court to decide if your circumstance meets to above criteria. In addition, your family law attorney must prove that the child would be better off with the change in custody than if the custody was left as it is currently. Okla. Stat. tit. 43 § 112

Essentially the child must benefit from the change.

Initial Consultation with a Tulsa Child Custody Attorney

Knowing your child is in day care during custody time of the other parent can be frustrating when you know you are available to be there for your children. Speaking with a family law attorney can help to figure out your options and how you can move forward in this situation.

Hiring a knowledgeable and compassionate family law attorney will ensure the process is expertly conducted and your interests are well represented.

Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma custody process.

For a low-cost confidential consultation, call now: (918) 924-5526.

In order to seek a change in child support in Oklahoma, the moving party must show that a significant change in circumstances necessitates a change in support, for example, when primary custody changes from one parent to the other.

Change in child support takes into consideration parenting time when determining amount of support. We discuss below the child custody determination procedure to give you a better idea as to why having a child support attorney helping you is your best route in winning your case.

Qualifications for Modification

There are several requirements the court looks for when evaluating a change in child support, also known as a child support modification request. The request must not contain medical expense reimbursement or support in order for it to be considered.  Your child support attorney must also make sure to calculate the child support according to state guidelines. If this is not done, the court will reject the request.

Situations that show the court that a change in child support is needed include when the amount of support requested is 10 percent or more of an increase or decrease from the current amount.

Lastly, if a significant change in circumstances is found, a modification of child support is most likely necessary.

Significant Change in Circumstances

First, a change in circumstances includes when a child is no longer entitled, under the law, to child support. This includes children that reach the age of majority or has been emancipated from their parents. Another change in circumstances includes a new diagnosis of a permanent medical disorder of either parent or child.

In addition, if there is a change in day care, medical insurance or parent’s income, then a significant change in circumstances is usually found and results in a change in child support amount.

The last situation — and most important situation in this case — is when there is a change in a court order for child custody. A change in custody will usually prompt a change in child support since support is predicated so much on parenting time and financial support by that parent to their child.

How Child Support is Calculated

Once a significant change in circumstances is established, your child support attorney will help you understand how child support will be recalculated in your case. In Oklahoma, the first step is to determine both parents’ gross monthly income. Oklahoma uses a dual income approach with the policy that children should be supported financially by both parents.

There are several ways you can calculate your gross monthly income. One way to calculate your gross family income is to use the actual amount on your pay stub, or you can use the income that is equivalent to a 40-hour work week. Other options include taking the average monthly income over the last three years of employment, or the court can choose to input monthly income.

Imputation of income is when the court sets a monthly income based on the parties ability, education and experience — even if the party is not currently working.

Once the combined monthly income is calculated, the percentage of each parents contribution sets the percentage amount of baseline child support they must pay. The parent who is not the primary custodial parent then pays that percentage to the custodial parent based on the state-created guideline schedule that your child support attorney will be able to go over with you.

Initial Consultation with a Tulsa Child Support Attorney

Having a child support attorney that is highly skilled will ensure that your rights are protected, and that your child custody and support case are handled successfully. Hiring a knowledgeable child support attorney will ensure the process is expertly conducted and your interests are well represented.

Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma relocation process.

For a low-cost confidential consultation, call now: (918) 924-5526.

If you were injured at your place of employment and suddenly found out you were not going to be able to work for a while, chances are the first concern you have is finances, primarily your child support payments. Your income will be negatively impacted and your financial obligations will become more stressful. 

There are several ways to deal with child support when a reduction in income and sustaining an injury occurs. Handling this type of situation does not have to be stressful. In fact, an experienced and knowledgeable child support attorney can help ensure the process runs smoothly.

It is absolutely essential you contact a child support attorney as soon as you can after your injury to prevent any unnecessary complications with your support order.

Disability Insurance Benefits

It is highly likely that your employer has workers’ compensation insurance. This insurance pays for a portion of the employee’s wages when they are unable to work due to an injury or incident that occurred at the place of business or within the scope of employment.

The amount you will receive if your employer offers workers’ compensation insurance will probably be less than your usual paycheck. However, your child support attorney will remind you that child support is based on income, and if your income drops, this may be grounds for a child support modification.

If your child support attorney is able to win a request for child support modification, although your child support will not stop, your payment will go down.

Timing of the Disability

The length of time you are off of work will be a factor in the child support modification hearing. Typically the court will award a temporary modification in child support. This means that the decrease in child support will only last for the duration of the injury. Once you are healed, the child support will return to the previous amount.

If your injury is determined to be a medically-permanent injury, then your child support payments will be reduced and be based on the income you are receiving from disability insurance and any other source.

Wage Garnishment

If you suddenly stop paying your child support without warning or are several months behind, the other parent can request a wage garnishment through your employer.

The family court system takes child support payments very seriously, when a parent is neglecting that duty, a portion of the parent’s paycheck can be set aside before the parent receives it, and sent to the other parent as child support.

In addition, social security benefits can also be garnished if support falls behind. The system has been created to make nonpayment of child support very difficult – if not impossible.

Initial Consultation with a Tulsa Child Support Attorney

A child support attorney will advise you that the worst thing you can do is stop paying child support and leave the other parent in the dark about your condition.

Having a child support attorney that is skilled in workers’ compensation and disability cases will help you gather the correct documents, emphasize points that judges are likely to consider when ruling on a modification of child support, and walk you through step-by-step of the process.

Hiring an experienced child custody attorney will ensure the process is expertly conducted and your interests are well represented.

Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma relocation process.

For a low-cost confidential consultation, call now: 918-924-5526.

 

As relocation throughout the United States becomes easier, the need to transfer guardianship from one state to the next becomes necessary. Many relocation motivations include military assignments, new job or promotion, better circumstances to meet the needs of your ward, access to better medical facilities, or the climate and environment are more appealing. 

Regardless of the motivation, if you are the guardian of a minor or adult ward, you will need to transfer the guardianship from your current state to Oklahoma in order for it to be enforceable.

Just the action of moving from one state to the next can be difficult – not to mention accommodating a disabled individual that depends on you during the move. In order to minimize any stress from this event, seek out a guardianship attorney in your current state and a guardianship attorney in Oklahoma to ensure the process is conducted properly.

Uniform Adult Guardianship and Protective Proceedings Jurisdictional Act

Over the years, the Uniform Adult Guardianship and Protective Proceedings Jurisdictional Act (UAGPPJA) has been gaining momentum in its acceptance throughout the states. At this time, 37 states have adopted the act.

The UAGPPJA was created in order to make the process of transferring guardianship from one state to another more streamlined and uniform. The act makes it possible for the new state to stipulate, or agree, on the findings of the home state that established the guardianship. Therefore, accepting the guardianship transfer as long as all the forms and filings are done correctly.

Oklahoma has adopted this act; if the home state also adopted this act, then the transfer should be generally smooth. However, guardianship attorneys in both states are still necessary because each state could have their own set of terminology, different form numbers, or specific forms or requirements in addition to the UAGPPJA requirements.

Complicated proceedings are likely to occur if you try to represent yourself during the process.

Oklahoma UAGPPJA Process

The procedure to transfer guardianship from one state to the next is generally straightforward. The home state must grant permission to the new state to transfer and begin proceedings, then back and forth notifications and information is exchanged, the transfer is granted, and the case is closed in the originating state.

For example, if you move from Utah to Oklahoma, you first would need to hire a guardianship attorney to file a petition requesting permission for a provisional order granting the ability to petition in Oklahoma for a transfer.

After your guardianship attorney submits your provisional order to Oklahoma and files a petition, Oklahoma would then make an order allowing the provisional order, review the guardianship case file, and confirm that Oklahoma will accept the transfer.

Last, your guardianship attorney in Utah will provide the order from Oklahoma granting the acceptance of the provisional order and acceptance of the guardianship. A request to discharge the guardianship from Utah will be made and the case will be closed in Utah.

Your Oklahoma guardianship attorney will present this information to the Oklahoma court showing the discharge of the guardianship from Utah. Oklahoma is then able to formerly accept the guardianship.

Following these steps ensures a transfer of your guardianship between any state that has adopted the UAGPPJA.

Initial Consultation with a Tulsa Guardianship Attorney

These steps to transfer guardianship, although appearing easy and straightforward, can still be confusing and incorrectly executed. Having a guardianship attorney that is highly skilled will ensure that the transfer of your guardianship is properly conducted.

Hiring a knowledgeable guardianship attorney will ensure the process is expertly conducted and your interests are protected.

Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma relocation process.

For a low-cost confidential consultation, call now: 918-924-5526.