Oklahoma divorce information

Statute of Limitations on Child Support Collections

One common question is whether there is a statute of limitations on child support collections that have been court ordered in Oklahoma. The answer is no. Oklahoma law does not impose a statute of limitations on collecting unpaid child support that has been ordered by the court.

This means that if a parent owes child support arrears, those arrears can be collected at any time, regardless of how many years have passed since they were initially due. Child support agencies and the courts can take various actions to enforce child support orders, such as wage garnishment, seizing tax refunds, and suspending licenses.

Child Support Obligations in Oklahoma

Child support is a crucial financial responsibility that ensures the well-being of children following a divorce or separation. In Oklahoma, as in most states, there is a legal obligation to provide financial support for your child until they reach a certain age or meet specific conditions. However, questions may arise regarding whether there is a statute of limitations on child support collections.

Child support obligations in Oklahoma are typically established as part of a divorce or separation agreement. The amount of child support to be paid is determined based on various factors, including the income of both parents, the child’s needs, and the child’s custody arrangement.

Criminal Liability

In Oklahoma, failing to pay child support can result in criminal liability under certain circumstances. The key factors that determine when criminal liability comes into play include the amount of unpaid child support, the duration of non-payment, and the specific actions taken by the noncustodial parent. Here’s an overview of the criminal liability for failure to pay child support in Oklahoma:

• Civil Contempt: Initially, child support enforcement typically begins as a civil matter. If a noncustodial parent fails to pay child support as ordered by the court, the custodial parent or the state’s child support enforcement agency may file a motion for civil contempt. This legal action seeks to enforce the child support order through civil remedies, such as wage garnishment, bank account seizures, and the withholding of tax refunds.
• Criminal Contempt: Criminal liability may come into play when there is a willful and substantial failure to pay child support. Oklahoma law allows for criminal contempt charges to be filed against a noncustodial parent who is found in willful contempt of a child support order. The court must find that the non-payment was intentional and significant.
• Felony Charges: In cases where the unpaid child support exceeds a certain threshold or has been unpaid for an extended period, criminal charges can be elevated to a felony level. The specific threshold and duration may vary, but generally, when a noncustodial parent accumulates a substantial amount of unpaid child support over an extended period, it can lead to felony charges.
• Penalties: If convicted of criminal contempt or felony child support charges, the noncustodial parent may face penalties that include fines, probation, and even imprisonment. The severity of the penalties depends on the circumstances of the case and the amount of unpaid child support.

It’s important to note that Oklahoma courts typically prioritize enforcement actions that ensure the financial well-being of the child and encourage compliance with child support orders. Criminal charges are usually pursued as a last resort when other enforcement measures have proven ineffective.

Noncustodial parents who are facing difficulty meeting their child support obligations should seek legal assistance and explore options such as requesting a modification of the child support order based on changes in income or circumstances. Failure to pay child support can have serious legal consequences, so it’s essential to address any challenges through proper legal channels.

Duration of Child Support Payments

In Oklahoma, child support payments usually continue until the child reaches the age of 18 or graduates from high school, whichever occurs later. However, there are exceptions to this rule. Child support may continue beyond these milestones if:

• The child has a severe disability: In cases where the child has a severe physical or mental disability, child support may continue indefinitely to provide for their ongoing care and support.
• The child is still in high school: If the child is still attending high school when they turn 18, child support may continue until they graduate or reach the age of 20, whichever comes first.

Seeking Legal Assistance

If you are owed child support or need assistance with child support matters in Oklahoma, it’s essential to seek legal help. An experienced family law attorney can assist you in navigating the complexities of child support enforcement, ensuring that your child’s financial needs are met.

At the Tulsa Divorce Law Office, our dedicated Tulsa family law attorneys have extensive experience in child support cases and can provide the guidance and support you need. If you have questions or require legal assistance regarding child support collections, please don’t hesitate to reach out to us at 918-924-5526 for a consultation. We are committed to helping you secure the financial support your child deserves.

Understanding Adultery Laws in Oklahoma

As a seasoned Tulsa divorce attorney, there are often questions about the legality of adultery in Oklahoma. To address this matter, it must be acknowledged that the answer is somewhat complex, as adultery is both a yes and no under Oklahoma statutes.

Since Oklahoma’s inception in 1907, adultery has been considered a criminal offense under state law. The statute defines adultery as engaging in voluntary sexual intercourse with someone other than one’s spouse. Notably, both the married person involved and the other party can be held liable, even if the latter is unmarried. Adultery, as a felony, carries potential penalties of up to five years’ imprisonment and/or a fine of up to $500.

Enforcement and the Lawrence v. Texas Case

Despite adultery remaining on the books, it is vital to understand that enforcement has significantly diminished over the years. In fact, nationwide, approximately 18 states, including Oklahoma, still retain adultery laws, but the enforcement is rare. Since the 1960s, cases of enforcement have become increasingly scarce, and the 2003 United States Supreme Court case of Lawrence v. Texas played a crucial role in this trend.

The Lawrence v. Texas case saw the Supreme Court overturn a Texas sodomy law, deeming it unconstitutional. The Court’s ruling was based on the grounds of privacy rights, asserting that consensual sexual conduct in private, such as in one’s home, does not infringe upon the rights of others. As a result, laws that seek to criminalize consensual private conduct have been questioned, including adultery laws.

Adultery’s Current Status in Oklahoma

While adulteryremains a crime in Oklahoma by law , it is worth noting that enforcement is virtually non-existent, and its constitutionality may be called into question. Considering the precedent set by Lawrence v. Texas, it is less likely for the adultery law to be upheld in modern times. Nevertheless, if you are facing specific circumstances related to adultery or divorce proceedings, seeking counsel from a qualified attorney is crucial for personalized and confidential advice.

Call Now for a Low-cost Consultation

If you have concerns regarding adultery, divorce, or any legal matters in Tulsa, Oklahoma, our experienced Tulsa divorce attorney is here for you. We provide low-cost consultations to address your individual situation and offer sound legal guidance tailored to your needs. Contact us today to schedule your confidential consultation and let us guide you through the complexities of the legal system.

Understanding Protective Orders in Oklahoma

If you find yourself in a situation where you feel threatened or harassed by someone, filing a protective order can be a crucial step to ensure your safety and well-being. In Oklahoma, a protective order, also known as a restraining order, is a legal document issued by the court to prevent an individual from making any contact or approaching the person who filed the order. These orders aim to provide protection to victims of domestic abuse, stalking, harassment, or any form of violence.

Filing a Protective Order in Tulsa

If you believe you are a victim of domestic violence or have experienced stalking or harassment, you can file a protective order. To do so, you’ll need to visit your local courthouse and submit a request for a protective order. You will be required to provide detailed information about the incidents leading to your need for protection, including dates, times, and any evidence or witnesses that can support your claim.

Once the court receives your request, a judge will review the evidence and determine whether a temporary protective order should be issued. This temporary order typically remains in effect until the court holds a hearing to determine whether a longer protective order is necessary.

Can You Withdraw a Protective Order in Oklahoma?

Once a protective order has been issued, it is crucial to understand that it is a legally binding document, and you cannot simply “take it back.” However, there are circumstances in which you can request the court to modify or dismiss the protective order.

• Consent of the Court: If both parties involved agree to dissolve the protective order, you can file a motion to request the court’s consent. However, the court will carefully consider the situation and may only grant the request if it deems it to be in the best interest of both parties.
• Change in Circumstances: If there has been a significant change in circumstances since the order was issued, you may have grounds to request its modification or dismissal. For example, if you have reconciled with the individual you filed the order against and both parties feel safe, the court may consider modifying or dismissing the order.
• Petition for Dismissal: You can file a petition for dismissal of the protective order, explaining why you believe it is no longer necessary. Providing evidence, such as counseling records or testimony from both parties, can strengthen your case.

Modifying or dismissing a protective order in Oklahoma can be a complex legal process. It is essential to seek guidance from an experienced Tulsa divorce attorney who can assist you through every step of the process. Our team of skilled attorneys at the Divorce of Tulsa Law Office has a deep understanding of Oklahoma’s laws and can provide expert legal advice tailored to your specific situation.

Call Now for a Low-cost Consultation

If you have filed a protective order in Tulsa, Oklahoma, and are wondering whether you can modify or dismiss it, do not hesitate to call 918-924-5526 for a low-cost consultation. Your Tulsa attorney will assess your case and help you understand your options to achieve the best possible outcome. Your safety and well-being are our top priorities, and we are here to support you through this challenging time. Call today to schedule your consultation.

Understanding the Importance of Accurate Birth Records

Accurate birth records are crucial for legal and personal reasons. If you find yourself in a situation where the wrong person is named as the father on a birth certificate, it’s essential to address this issue promptly. The experienced attorneys with the Divorce of Tulsa Law Office are here to guide you through the necessary steps to rectify this situation.

Legal Steps to Correct the Birth Certificate

1. Gather Evidence: Begin by collecting any relevant evidence that supports the correction you are seeking. This might include paternity test results, affidavits from both parties involved, and any other pertinent documentation.
2. Petition the Court: In cases where paternity needs to be corrected on the birth certificate, you may need to file a petition with the court. Our skilled Tulsa divorce attorneys can assist you in preparing and filing the necessary legal documents.
3. Establish Paternity: If the biological father is not the person named on the birth certificate, establishing paternity through legal means is essential. This might involve DNA testing, which can conclusively determine the biological relationship.

Navigating Complex Legal Procedures

Correcting a birth certificate can involve complex legal procedures. It’s crucial to approach the situation with proper legal guidance to ensure your rights are protected throughout the process.

1. Legal Representation: Consulting an experienced Tulsa divorce attorney is highly recommended. Our knowledgeable team can help you understand your rights, assist in gathering the necessary evidence, and navigate the legal system effectively.
2. Filing and Documentation: The correct legal documents must be filed accurately to ensure a successful correction. Our attorneys will ensure that all required paperwork is submitted correctly and on time.
3. Communication: Our legal team can also facilitate communication between parties involved, making the process smoother and reducing potential conflicts.

Call Now for a Low-cost Consultation

If you find yourself facing the challenge of correcting an incorrect father’s name on a birth certificate in the Tulsa, Oklahoma area, don’t hesitate to seek legal assistance. Our Tulsa attorney is dedicated to providing expert guidance and support throughout this process. Call 918-924-5526 for a low-cost consultation and let us help you navigate the necessary legal steps to ensure accurate birth records. Your peace of mind is our priority.

Child custody decisions are some of the most difficult and emotional decisions that a court has to make. In Oklahoma, the court will consider the best interests of the child when making a custody decision. One of the factors that the court will consider is the lifestyle of the parents. In this blog post, we will discuss the impact of a parent’s lifestyle on child custody decisions in Oklahoma, including what the court considers, how it is considered in custody cases, and the potential challenges that may arise.

What the Court Considers

The court will consider a number of factors when determining the best interests of the child, including the lifestyle of the parents. The court will consider the following aspects of the parent’s lifestyle:

1. Financial stability: The court will consider whether the parent is financially stable and able to provide for the child.
2. Living situation: The court will consider the living situation of the parent and whether it is suitable for the child.
3. Employment: The court will consider whether the parent is employed and able to provide for the child.
4. Health: The court will consider the physical and mental health of the parent and whether it will impact the child.
5. Substance abuse: The court will consider whether the parent has a history of substance abuse and whether it will impact the child.
6. Criminal history: The court will consider whether the parent has a criminal history and whether it will impact the child.

Consideration of Lifestyle in Custody Cases

In Oklahoma, the court will consider the lifestyle of the parents when making a custody decision. The court will consider the factors listed above and make a decision based on what is in the best interests of the child. The court will also consider the child’s relationship with each parent and any other relevant factors.

Potential Challenges

While the court will consider the lifestyle of the parents when making a custody decision, there can be challenges that may arise during the process. Some common challenges include:

1. Limited information: The court may not have enough information about the parent’s lifestyle, which can make it difficult for the court to make a decision.
2. Resistance from one parent: One parent may resist cooperating with the court and may not provide information about their lifestyle.
3. Limited resources: The court may have limited resources to investigate the lifestyle of the parents, which can make it difficult to gather all the necessary information.
4. Disagreements about the best interests of the child: The parties may disagree about what is in the best interests of the child, which can make it difficult for the court to make a decision.

What You Need To Remember about Lifestyle Choices for Divorcing Parents

In Oklahoma, the court will consider the lifestyle of the parents when making a custody decision. The court will consider the best interests of the child and take into account the factors listed above. However, the process can be challenging, particularly when there is limited information, resistance from one parent, limited resources and disagreements about the best interests of the child. It is important for parents to understand that the court will consider their lifestyle when making a custody decision, and to work with the court to ensure that the child’s best interests are represented. A parent’s lifestyle can have a significant impact on the child’s well-being, safety, and overall development, it is important for the court to consider this and make a decision that is in the best interest of the child.