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Recent Developments In Oklahoma Family Law -
2009
December 3, 10, 2009Materials – Julie S. Rivers Slides - David A. TracyJulie S Rivers PLLC Naylor, Williams & Tracy, Inc512 NW 12th St. 1701 S. Boston Ave.Oklahoma City, Oklahoma 73103 Tulsa, OK 74119405-232-6357 [email protected] [email protected]
NEWLEGISLATION
New Juvenile Code
Statutes repealed § 4 – support of children § 5.1 – death of custodial parent § 5A – sibling visitation § 6 – custody to mother of unmarried minor § 7 – allowance to parent of child’s
property § 8 – parent control of child’s property § 9 – abuse of parental authority
New Juvenile Code
Statutes repealed §10 - Emancipation § 11 – Civil action for support of orphans § 12 – Maintenance of disabled adults § 14 – Compensation for voluntary support § 16 – Support after majority § 17 – Control over child’s earnings § 18 – Wages of minor
New Juvenile Code
Statutes relocated § 5 (grandparent visitation) – 43 O.S. 109.4 § 5.2 (access to records) – 43 O.S. 109.4 § 13 (necessaries) – 43 O.S. 209.2 § 15 (support of stepkids) – 43 O.S. 112.4 § 19 (relocation) – 112.2A § 20 (vicarious liability) – 76 O.S. 1.1 § 21.1 custody preference) – 43 O.S. 112.5
New Juvenile Code
Statutes amended 10 O.S. § 7103 – mandatory reporting of
child abuse or neglect. “every person” is now a mandatory reporter.
New Juvenile Code
Obtaining DHS Records 10A O.S. § 1-6-102 – Motion for production
Protection From Abuse
H.B. 1739 43 O.S. § 109 – rebuttable presumption, not in best
interests of child to reside with DV perpetrator. 43 O.S. 110.1 – sets DV limit on public policy favoring
“frequent and continuing contact” 43 O.S. 111.1 – visitation limitations in DV cases 43 O.S. 111.4 – child abuse, neglect, DV limits on
visitation 43 O.S. 112.6 – mandatory attorney fees for DV
victims
PROPERTY DIVISON
Kennedy v. E. I. DuPont129 S. Ct. 865 (2009) Decree waives wife’s interest in retirement
accounts. Husband changes beneficiary designation
on pension, but not on savings and investment plan (SIP)
Husband dies, child and wife claim SIP benefits.
5th Circuit – no QDRO, no waiver Supreme Court says no need for QDRO,
but plan documents control
Elliott v. Elliott2009 OK CIV APP 2, ___ P.3d ___
Decree awards wife undivided ½ interest in pension.
QDRO awards wife a separate interest in plan.
Court reviews PBGC publication re “separate” and “shared” interest QDROs
Held – affirmed – wife’s interest vested in decree, no prejudice to husband
In Re Marriage of King2009 OK CIV APP 49, 212 P.3d 1232
Transfer of assets during marriage to wife.
Husband had child support judgment against him.
In subsequent divorce action, wife claims assets are separate property
Trial court awards property to wife Held – affirmed, property gifted, no fraud
McQuay v. McQuay2009 OK CIV APP 59, ___ P.3d ___
Concrete business Trial court value includes $350,000 in
“goodwill” Issue – does this business have goodwill? Analysis – is goodwill a distinct business
asset, or dependent on personal reputation
Held – goodwill personal to husband, not business, reversed
CHILD CUSTODY
VISITATION
Buffalo v. Buffalo2009 OK CIV APP 44, 211 P.3d 923
Motion to modify custody. Sole reason for change, preference of 10-
year-old child Trial court granted motion. Court of appeals reversed. Preference of
child not well founded. Application of Gibbons standard?
Redmond v. Cauthron,2009 OK CIV APP 46, 211 P.3d 233
Trial court – custody to mother Father appeals, wants equal time. Issue – should 43 O.S. 110.1 apply to final
custody orders? Held – No
Moore v. Moore 2009 OK CIV APP 27, 209 P.3d 318 2001 divorce – joint custody. 2006 move – father does not give statutory
notice. Mom objects – trial court says Dad’s move
not in good faith. Trial court - Termination of joint custody, sole
to mom. Held - affirmed. Denial of relocation,
termination of joint custody and sole custody to mom proper.
CHILD SUPPORT
DHS v. Palmer2009 OK CIV APP 38, 212 P.3d 491
Father owes back child support Father receives death benefits for father’s
death under Energy Employees Occupational Illness Compensation Program
DHS attaches – father claims exemption Admin court says no exemption – district
court says exemption attached Held – exemption does NOT apply
- ADOPTION TPR
Adoption of L.J.S.2009 OK CIV APP 60, 216 P.3d 300
Mother terminated, father consents w/condition that grandparents have right to visit
Child adopted, grandparental rights omitted
Motion to enforce denied by trial court Held – should be granted based on history
of access, and terms of consent.
DISSOLUTIONPROCEDURE
Seirafi-Pour v. Bagherinassab,2008 OK CIV APP 98, 197 P.3d 1097
Marriage in Iran 2002 – in US in 2003 Prenup included dowry Wife gets green card, separates Trial court annuls marriage based on fraud Held – trial court did not abuse discretion.
Affirmed
In Re Marriage of Lahman2009 OK CIV APP 26, 209 P.3d 793
Goodwill value of ranch Court appoints appraiser to give opinion of
goodwill value. Issue – authority of court to call witnesses Held – Court may call own witnesses under
12 O.S. 2614
Cooper v. Cooper2009 OK CIV APP 73 ___ P.3d ___
Motion to set aside decree based on fraud, undue influence.
Trial court denies based on pleadings Held – reversed and remanded for hearing
on Husband’s factual allegations.
In Re Rowe2009 OK 66, ___ P.3d ___
Guardian ad Litem appointed, recommends custody to father
GAL appeals award of custody to mother. Held – appeal dismissed, GAL does not
have standing.
COSTS AND EXPENSES
Marriage of Sanel, 2009 OK CIV APP 7, 217 P.3d 141 Fee application pending, client files
bankruptcy. Firm listed as unsecured creditor, husband as
co-debtor. Firm gets relief from stay, pursues fee app. Trial court denies fee claim for wife’s lack of
post-discharge standing. Attorney appeals Held – court may consider, but fee award will
be property of bankruptcy estate.
Nichols v. Nichols2009 OK 43, ___ P.3d ___
Attorneys fees judgment to client; attorneys lien claimed
Former client files bankruptcy 2000 Former client renews judgment post-
discharge, attorney learns of collection effort
Trial court enforces lien – COCA reverses Held – client is constructive trustee of fee
award.
Recent Developments In Oklahoma Family Law -
2009
December 3, 10, 2009Materials – Julie S. Rivers Slides - David A. TracyJulie S Rivers PLLC Naylor, Williams & Tracy, Inc512 NW 12th St. 1701 S. Boston Ave.Oklahoma City, Oklahoma 73103 Tulsa, OK 74119405-232-6357 [email protected] [email protected]
