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David A Tracy

David Tracy’s Answers

39 total

  • If one parent remarries does the new spouses income count in figuring child support?

    Divorce has been final for over one year.

    David’s Answer

    Generally, no. But, if a parent quits a job and is supported financially by a new spouse, the court may impute income to the non-working parent based on that parent's earning capacity, even though the parent isn't working right now.

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  • If I both parties agree to a divorce, and have never lived together or had joint accounts is personal debt still separated?

    Both parties have financially supported themselves independently for several years, there is no shared property, or accounts. There are no children involved. One party has several debts, while the other does not. Is the debt acquired by one party ...

    David’s Answer

    All assets and debts of parties to a divorce must be characterized as marital or separate. Debts you create while married are presumed to be marital debt. That presumption can be rebutted, and the circumstances you describe, absent more information, should qualify to rebut the presumption. If the debt is separate debt, the person who created it should pay it.

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  • Too late to get a judgment for past due child support?

    My daughter was adopted by my current husband this month. I had child support ordered in my divorce decree from her father but he never paid me for almost two years. However, I never filed contempt against him for the support so I do not have any ...

    David’s Answer

    There is no statute of limitations for child support in Oklahoma (some may argue about support owed before 1991, but that wouldn't apply to you). You may ask for judgment and enforce all unpaid child support up to the time of the adoption. You lose some enforcement options when the child becomes an adult, but the support is still owed. Father may claim some affirmative defenses to claims for past due child support, but the statute of limitations is not likely one of them.

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  • My ex has violated the standard visitaion agreement & 2 others we agreed on adn fiolated a restraining order 3 times. Ex has kid

    Ex took for 2 weeks it have been almost 4 weeksive been two weekends in a row to pick the kids up ex no showed contacted local pd they need a pick up order. I have expate & restr order but the judge did not make them give me a addrews or phone num...

    David’s Answer

    You can file a request for a writ of habeas corpus to get the pickup order the police said you need. You can also file an application for contempt for the other parent's violations of the visitation order. Be prepared to address allegations from the other parent about conditions in your home. Both parents may be ordered to take a drug screen. You really should hire a lawyer to help you with this.

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  • Why do i habe to pay for a divorce if our narriage was not legal i didnt know he was married

    we where married dec 23 2011 i left him 1 13 2012 because i found out he was still married i want to move onn without him people tell me i have to divorce him but my marriage is void so why do i have to go through a divorce besides his no where to...

    David’s Answer

    You do not need a divorce, you need an annulment. A man who is married to someone does not have legal capacity to marry someone else without divorcing his first spouse. But you still have to provide proof of the prior existing marriage to a judge. If your husband never divorced his first spouse, a judge can sign a decree confirming that you were never legally married to him. It's as though your marriage to him never existed. If you cannot find him, he can be served by publication notice. You must clear this up before you can marry anyone else. This can also cause a lot of trouble in dividing your estate after your death. Talk to a lawyer in your area, or contact your area office for Legal Aid Services of Oklahoma to see if you qualify for their services.

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  • In Maricopa County AZ Family Court how can have a clerical error fixed? I was online looking at the family court case and notice

    a date is not correct for which a file was received by another court due to change of venue being grandted. The date shows that file was received 10/10/12 but the file was actually received 10/1/12 it was sent certified mail so I was able to track...

    David’s Answer

    You would have to file a motion with the court to correct a clerical error in the record, then get the motion set for hearing. The hearing would likely be set well beyond the 10-day window at issue. Filing a motion would draw attention to the receipt date and could prompt your ex to pay the filing fee that would otherwise not get paid. Your best course is probably to wait the extra 10 days, then file a motion to move the case back and correct the record. If the ex pays during the 10-day window, you can still file a motion to move the case back and correct the record, arguing that the payment is untimely once the record is corrected. I recommend hiring an attorney to assist you in this matter.

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  • Does my soon-to-be ex-husband have to agree to adoption since the baby was conceieved during the marriage?

    My husband and I were trying for a baby when he decided he wanted a divorce. We aren't yet divorced, but he is supposed to file soon. I can't raise a baby on my own because I am still in college and just can't give him/her the life they could have...

    David’s Answer

    The short answer is, yes. A father is entitled to notice of an adoption. He can give his consent, or the adopting family can move to terminate his parental rights. An adoption agency or adoption attorney can help you obtain the father's consent, or explain the grounds or adoption without consent. The right attorney can connect you with a reputable adoption agency, or an adoptive family who can help with your medical and legal expenses. Please act soon. Delay could limit your options.

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  • Will I be able to get my son from Florida without breaking any laws?

    I live in Oklahoma and my son who is 16 years old lives in Florida with his aunt. The father lives in Chicago. I wan to know if I go to Florida to get my son will I break any laws? My son has lived with his father for almost all of his life and re...

    David’s Answer

    You really should visit with an attorney concerning your son's living arrangements. One small change in your fact pattern could change the answer to your direct question. Even if you did not break any laws picking your son up in Florida, your actions could work against you should the father or a third party seek custody of our son from you later in family court.

    At age 16 your son may have some say in his living arrangements. Whether or not Dad is on the birth certificate could affect how you proceed. If you need to go to court for help regarding parentage, custody or child support, there may be limitations or options as to which state or states have jurisdiction. There could be claims for child support arrears.

    If funds are an issue, contact your local bar association for a low-cost consultation with an attorney. You really need to speak with an attorney before going to Florida to pick up your son.

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  • Can grandparents take 3 grandchildren out of state with father telling them no?

    My son is going through a divorce right now but has not been to divorce court as of yet.He was served papers by his wife and they stated if either parent were to go out of state with the kids, one parent has to be with the children. His in-law's ...

    David’s Answer

    If the grandparents had the permission of one parent to take the children, they did nothing wrong. Since there is no custody or visitation order in place, they can rely on their daughter's consent to the trip. I assume the children will be back within 1-2 weeks. The parent who granted permission over the other parent's objection may need to explain her actions to the divorce court in the near future. However, be prepared for a judge to not be too worked up about grandkids getting to go to North Carolina for a few days while their parents squabbled over custody. The less conflict you expose the children to, the better for them.

    Oklahoma retains child custody jurisdiction. The local court will eventually enter orders regarding the who, where, when and how of child custody. Many factors go into a custody decision. One parent denying the other parent access to the children is just one of them. Get a lawyer in your area with family law experience. That person can help you see the trees and the forest.

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  • I want to know if I have full custody of my daughter without going to court to find out?

    I have now a 9 month old daughter. Her father and I met at work. After having a relationship for 9 months. I got pregnant. He wanted the baby, talked me into having one, told me everything I wanted to hear (Stupid on my part). Found out I was preg...

    David’s Answer

    In Oklahoma, the mother of a child born out of wedlock has custody of the child until determined otherwise by a court. There is an exception for men who sign an acknowledgment of paternity and are listed as the father on a child's birth certificate. They have all the rights and obligations of fatherhood. You say the father "removed his name." I don't know what that means. It brings up other questions about acknowledgment and denial of paternity. I encourage you to visit with a local attorney to discuss your rights and obligations as a parent.

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