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 [..]
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 [..]
Can one parent waive receiving child support, the other parent waive visitation, and the parents agree to terminate the rights of the non-paying, non-visiting parent? Family law attorneys answer this question regularly. The short answer in Oklahoma is no. The Oklahoma Legislature repealed the statute authorizing private termination of parental rights in 1997. A parent [..]
Two states claim jurisdiction to enter an initial child support order. In this case, the Minnesota order is over $500.00 per month more than the Oklahoma order. The Uniform Interstate Family Support Act (UIFSA) provides the means to resolve disputes over child support jurisdiction. In Hanger v. Hanger, the Oklahoma Court of Civil Appeals defers [..]
If your child’s other parent receives Social Security Disability Income (SSDI), your child should receive an auxiliary benefit from Social Security. The auxiliary benefit may not cover monthly child support due you. The disabled parent may owe past due child support. Your former spouse may owe you alimony. You can collect these obligations by income [..]
One man’s effort to give effect to his private child support arrangement fails for lack of jurisdiction in Oklahoma’s Small Claims Court. The father in Parsons v. Klingamon had been ordered in District Court to pay $250.00 per month in child support to the mother. The 1996 decree did not provide for health insurance as [..]