The Oklahoma Supreme Court decides that an Oklahoma Firefighters Deferred Retirement Option Plan, or DROP, may be divided as marital property, even though the employee has yet to enroll in the plan. The Facts In Marriage of Baggs, the firefighter husband was vested in what the Oklahoma Firefighters Pension and Retirement System calls Plan [..]
When unmarried couples have a child, they may disagree about what name to give the child. Oklahoma Statutes describe the process for bringing the matter to court. Oklahoma judges have broad discretion to decide whether to change a child’s name. In the recent case of Reed v. Remmert, after the Court established father’s parentage, Dad [..]
Oklahoma provides for continuing financial support of adult children who are physically or mentally disabled. A special statute sets standards to decide when such support should apply. Oklahoma’s Court of Appeals recently explored the scope and limits of child support for disabled adult children. The parents in Patrick v. Patrick had two minor children when [..]
Most people hold a formal ceremony to establish their marriage. Married couples get a license and formally record their ceremonial marriage at the courthouse. Oklahoma is among a handful of states that still recognize non-ceremonial marriages, also called “common-law” marriages. These marriages are formed through the consent of the parties who enter into the marriage, [..]
It’s silly season in the Oklahoma Legislature. One of the silliest ideas is to put politicians in charge of the commission that nominates Oklahoma judges. Lawmakers are threatening to abolish the commission and freeze judicial salaries if they don’t get their way. The legislature hopes you won’t notice what they are doing with Senate Joint [..]
Gary Direnfield offers some excellent counsel here. It is easier to give this advice than to follow it, but you and your adult child will benefit.
In a landmark ruling, a federal judge in Oklahoma strikes down the Oklahoma Constitution’s ban on same-sex marriage. Judge Terence C. Kern found on Tuesday that denying same-sex couples the right to a marriage license to be an “arbitrary, irrational exclusion. . . from a governmental benefit” which denies them equal protection under the [..]
Arbitration is not often used as a tool to resolve domestic cases in Oklahoma. It is useful, though, when applied to the right case. Consider the following advantages and disadvantages of matrimonial arbitration. ADVANTAGES Privacy – Arbitration usually takes place in a private office. No one is present unless all parties agree. Parties keep control [..]
When the boss says “resign or I’ll fire you,” and you resign, is that a good faith reduction in income? Can you use your change in income to reduce your child support and alimony? A recent Supreme Court of Oklahoma opinion orders such a modification. The parents in Garcia v. Garcia divorced in 2008. The [..]
The Supreme Court of Oklahoma gives effect to a settlement agreement between divorced parents requiring both parents to agree in writing to any child support modification. The parents in Scungio v. Scungio divorced in 2009. The couple adopted 3 children during their marriage. Two of the children had special needs. In a settlement agreement incorporated [..]