Oklahoma Fathers Rights
Divorce: Can I Move With My Child?
Can You Move Away With Your Child If You Think Your Ex-Wife Is a Bad Influence? This is a tricky question, and the answer depends on several provisions under 43 O.S. §112. If you are the custodial parent, you may be allowed to relocate with your child--but only if the move is made in good faith and the other parent cannot prove that the move is not in the child's best interest. However, if you do not have custody or are not the primary joint custodian, you cannot relocate with the child. In that case, it would be your ex-wife’s decision whether to move, not yours. Read more »
Divorce: Bad Faith Relocation Explained
Your ex-wife may not be able to relocate with your child if it's in bad faith. This could mean moving with the intention of harming your relationship with your child or making visitation more difficult. In such cases, the court may consider the relocation to be illegitimate and manipulative. Your ex would need to prove that the move is for valid reasons like a better job or family support. Ultimately, the decision will be based on what is in the best interest of the child. If you're facing this situation, it's important to seek legal advice to understand your rights and options. Read more »
Divorce: My Ex Is Moving With Our Child
When dealing with a divorce and talk of relocation by an ex-spouse with the children, taking action is crucial. The type of custody arrangement already in place will determine the options available for the parent. If joint custody is established, the primary custodian holds the legal right to seek relocation with the child. If the ex is the primary custodian, specific relocation procedures must be followed. Proper notice must be given, and there is a 30-day window to object. It's essential to act swiftly and understand the strict time limits when challenging a relocation, seeking the right legal advice is key. Read more »
Divorce: Fighting a Relocation Notice
You may have discovered that your divorce decree includes several pages about relocating with your child—and you don’t remember negotiating or agreeing to any of it. So, what is it? In every custody order or divorce decree, there is supposed to be a notice to the parties outlining what must be done if a parent plans to relocate with the child. This requirement comes from 43 O.S. § 112 of the Oklahoma Statutes. Under this law, the custodial parent—or the primary custodial parent in a joint custody arrangement—must follow specific procedures if they plan to relocate the child more than 75 miles away for 60 days or more. Read more »
Alimony: How Do I Prove Cohabitation?
Tulsa attorney Clint Hastings addresses the dilemma of hiring a private investigator to prove ex-wife cohabitation. Detectives may incur high costs without conclusive evidence, but legal options exist. Hiring an attorney to modify alimony orders, issuing discovery requests, deposing the alleged partner, and subpoenaing utility companies can provide concrete proof. However, suspicions must be genuine to avoid costly, baseless claims. It’s crucial to proceed cautiously when dealing with family law matters like cohabitation suspicions. For further guidance on divorce, guardianship, or paternity issues, seeking legal counsel is advisable. Read more »
Alimony: Can I Reduce My Payments?
She Got a Higher-Paying Job—What Should You Do About Alimony? Well, you could just congratulate her, invite her to dinner, have some drinks, and continue paying alimony like nothing’s changed... No—don’t do that. But honestly, that’s exactly what I see a lot of guys do. If your ex-wife now earns significantly more, you need to file for a modification. So call an attorney. Don’t sit on your hands. Waiting only costs you more. I hope this helps. Give us a call—we’d be glad to discuss this or any other family law matter with you. Thanks. Read more »
Alimony: Recouping Home Costs?
Both parents are required to pay the mortgage and utilities of the marital home during a divorce. Can these payments be recouped before the home is sold? Yes, you can typically recover these costs from the proceeds of the sale before the equity is divided. This is done to ensure fairness, especially if you are already covering other expenses. While reimbursement may not be immediate, your attorney can negotiate for it to be included in the settlement agreement. For more information on family law matters, visit the website or contact Tulsa alimony attorney Clint Hastings for a consultation. Read more »
Alimony: Do Wives Pay Too?
Attorney Clint Hastings in Tulsa, Oklahoma addresses the common misconception regarding alimony. In modern times, women often earn as much as men, leading to the question: Why should the ex-husband be solely responsible for alimony payments? The truth is, alimony is based on need and ability to pay, regardless of gender. Stay-at-home dads or lower-earning ex-husbands can apply for and receive alimony. Recent changes in the legal system have reduced bias against awarding alimony to men. With new perspectives on the bench, now is a great time to pursue alimony if you qualify. Contact us for a consultation on family law matters. Read more »
Alimony: Can't Afford Payments?
Men facing job loss while owing alimony or child support shouldn't wait for a solution. Attorney Clint Hastings advises immediate action, including filing for payment modification or temporary pause. While courts may not eliminate debt without proof of income change, prompt legal steps can safeguard your finances. To prevent escalating debt, seek legal guidance promptly. Call attorney Clint Hastings for a consultation on family law matters. Read more »
Alimony: Lost Job, Facing Contempt?
You’re ordered to pay your ex-wife alimony. Then you lose your job. She says, “Hey, don’t worry about it. Just wait until you get a job.” So you stop making payments for a while. Eventually, you get back on your feet—but then she files an application for contempt against you. The question is: Will it stick? Often, these types of agreements are oral, or maybe sent via text, and there’s confusion about what was really meant. Here’s the golden rule in family law—whether it’s divorce, paternity, or guardianship: Never rely on an oral agreement with your ex. Read more »
Alimony: Can New Partner End Alimony?
Attorney Clint Hastings discusses whether alimony can be terminated if an ex-wife moves in with a same-sex partner. Oklahoma law allows for termination based on cohabitation with an opposite-sex partner. However, in modern times, the same argument can be made for same-sex partners. If the partner contributes financially, the ex-wife's financial need changes, affecting alimony. Although this issue hasn't gone to trial yet, some cases were resolved amicably. The ex-wife acknowledging the new relationship led to termination of alimony. Amicable post-divorce dynamics can impact these decisions. For more information on family law issues, contact Clint Hastings Law. Read more »
Alimony: Lifestyle Changes & Modification
Are you paying alimony and suspect your ex-wife no longer needs the support? Tulsa Dads.Law attorney Clint Hastings suggests filing for a modification to obtain financial information. The court considers factors like need when awarding alimony, so discovering the source of funds for luxury purchases is crucial. In some cases, even windfalls may not automatically reduce alimony. Consult an experienced attorney to present a strong case based on case law and equity. Contact Tulsa alimony attorney Clint Hastings at (918) 962-0900 for guidance on modifying alimony or other family law issues. Read more »
Alimony: Spouse Refuses to Work?
Tulsa DadsLaw attorney Clint Hastings specializes in fathers' rights, addressing common concerns such as proving a spouse's ability to work during divorce proceedings. Through a process called discovery, Hastings uncovers facts that help reveal the true earning potential of the spouse in question. By asking specific questions under oath and analyzing the responses for inconsistencies, Hastings ensures that the divorce settlement is fair and just. Utilizing this approach, Hastings aims to provide guidance and support to individuals navigating family law matters. For more information, reach out to Tulsa alimony attorney Clint Hastings at (918) 962-0900. Read more »
Alimony: Big Income, Big Bills - What Now?
Attorney Clint Hastings discusses the impact of high income and high expenses on alimony payments. While the court considers both parties' financial situations, the focus here is on the income-expense gap for the payer. Your attorney will argue for the inclusion of reasonable expenses in the alimony decision, such as mortgage, debts, and other obligations. The goal is to demonstrate what is fair and just in the circumstances. For more information on family law matters or to schedule a consultation, visit the website or contact the office. Read more »
Divorce: Rolling Over 401K to Spouse
When owing money to a spouse in a divorce, can you use your 401(k) to pay it off? Yes, extra funds from your 401(k) can be rolled over to her through a Qualified Domestic Relations Order (QDRO) if you both agree. The funds can go into her retirement account, but she would be responsible for taxes and penalties if withdrawn early. To avoid the penalty, you can add an extra 10% to cover it. Alternatively, you could choose to pay her in cash but absorb the tax consequences yourself. In cases where cash is not readily available but 401(k) funds exist, a QDRO can be a strategic way to satisfy debts in the divorce settlement. Read more »
Divorce: Retirement After Years Separated?
Attorney Clint Hastings clarifies common misconceptions about divorce and retirement accounts. When it comes to splitting assets, the division typically stops at the date of separation, not the date of divorce. However, the ex-spouse may be entitled to any gains or losses on their portion of the account from the marriage up to the separation date. This means that even if you've been separated for years, she could be entitled to her share of any growth or losses on the account during that time. Don't let misconceptions about asset division affect your divorce settlement. Get in touch for a consultation. Read more »
Divorce: 401K Split & Tax Penalties
In another video, Tulsa Dads.Law attorney Clint Hastings discussed how QDROs work, specifically focusing on tax penalties when dividing a 401(k) during divorce. The short answer is: No tax penalty for dividing the account through a QDRO. The division carves out a portion for the spouse, creating separate accounts under the same plan. Withdrawals post-division by the spouse may incur taxes and penalties. Alternatively, cash payments from the 401(k) can be made, but these typically trigger penalties. The recommended approach is to use a QDRO to divide the account efficiently and avoid penalties altogether. Contact Clint Hastings for more information. Read more »
Divorce: Splitting Retirement Accounts
Attorney Clint Hastings explains how retirement division works in a divorce and the importance of a Qualified Domestic Relations Order. Hastings simplifies the process and addresses common concerns about the division of retirement accounts during a divorce. He advises individuals to seek legal guidance to ensure a fair and accurate division of retirement assets. Contact Hastings for a consultation at (918) 962-0900 to discuss your specific situation and receive expert advice on navigating the complexities of retirement division in divorce proceedings. Read more »
Visitation: Request Monitored Visits
In third person voice, write a 100-word excerpt to display on blog index and archive pages. Include the excerpt only, with no markup, no call to action, no subheadings, no images, no html, no phone number. Do not mention the speaker, but refer only to the content presented in the transcribed video. Would you like to make your vehicle stand out in a crowd? Custom pinstriping is an excellent way to add a personal touch to your car or truck. In this video, a professional pinstriper demonstrates the technique of hand-painting intricate designs on a vehicle. From classic double lines to more elaborate scrollwork, the possibilities are endless when it comes to custom pinstriping. With attention to detail and a steady hand, you can transform your vehicle into a work of art. Watch the video to see the process in action and get inspired to enhance your vehicle with custom pinstriping. Read more »
Visitation: Don't Fail Supervised Visits
When dealing with supervised visits, it's crucial not to sabotage your own progress out of frustration or dislike for your supervisor. Behaviors like avoiding supervision, whispering to your children, or arguing with the supervisor can all reflect poorly on you in court. Remember, this is your chance to show the court your best self and focus on your child. Be respectful, consistent, and avoid unnecessary conflict to make the most of your supervised visitation. Don't blow this opportunity to improve your situation. For more information, consult Tulsa visitation enforcement attorney Clint Hastings. Read more »
