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David A Tracy

David Tracy’s Answers

39 total

  • Can a divorce decree override a Federal law when commute ex spouse's retirement portion?

    I was divorced in Oklahoma and the decree states that her portion of the retirement pay use gross retirement instead of disposable income amount. Disposable income is what the DFAS (Air Force Finance) is using. There is a $143 difference in the ...

    David’s Answer

    Your decree may conflict with the federal Uniformed Services Former Spouses Protection Act, which discusses "disposable" retainer or retirement pay. The answer to your question requires legal research for which you will have to contact an attorney. You will likely be charged for this research. A lawyer's time and advice are his/her stock in trade.

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  • My stepson is 19 has a job a place of his own. Can my husband stop the child support and if so how?

    my stepson lives in Indiana and not attending any schooling

    David’s Answer

    You do not say in which state the child support order was entered. Child support ends at different ages in different states. If the child has aged out in the state where the original child support order was issued, your husband can apply to a court to terminate the income assignment because it is no longer necessary. He can also ask the court to order him reimbursed for excess child support payments. If your husband is making direct payments for child support and the order is expired by operation of law (that is, the child is aged out), then he can just stop paying.

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  • My ex husband is dying, I have not recieved my share of the 401 K I was ordered to get in are divorce it was in 2000 what to do?

    We were married for 10 yrs.We had two children together. And he is married now about 6yrs or so. I would like to know is there any way I can get that money. Or should I just forget it? I would'nt be asking but I sure could use the money now. My ...

    David’s Answer

    You need to speak with a local attorney promptly about your question. It appears from your description that the Court awarded a portion of a retirement account to you. Then your ex-husband withdrew the funds and rolled them over into a different retirement account. There is a legal principle called constructive trust that may preserve your right to your share in the retirement funds even after your ex-husband moved them. There may be other legal theories that apply. It would be much easier to address these matters in the divorce action while your ex-husband is still living. it is also important to find out where he moved the funds so you can give notice to the plan administrator of competing claims to the funds. They may otherwise be distributed to beneficiaries, making it very hard to recover.

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  • I am divorced, I dont want to deal with husband anymore. Can my mom adopt my 6 month girl and split custody with ex husband?

    Divorced in Texas, moved to Wa for jobs. Let my grandma take care of them for last six months. I cant stand my ex husband and I am not financially well off to take care of a girl, can my mom adopt her and split the custody with my ex husband? or d...

    David’s Answer

    Welcome to parenthood. My advice is to stop focusing on your anger toward your ex-husband and expecting your mom to take care of your problems. I'm glad your mom can help, but that is a temporary, not a permanent solution. Draft a plan for how you are going to provide for your child, because that is the most important chore in your life for the next 18 years or so. It's not about you anymore.

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  • Domestic violence VPO and child custody

    I was granted a VPO to protect my daughter and I from my husband. The judge found that he did in fact commit an act of domestic violence in the presence of our child. We are going through a divorce right now (just filed recently) and the judge s...

    David’s Answer

    It does help your case if there is an emergency protective order for you and your daughter. This type of case is fact specific. Each case is different. It's hard to generalize given the limited information available. I assume you do not have an attorney. If you do, address this question to your attorney. If you don't have an attorney, you may wish to visit with your local bar association about a referral and consultation. The important thing for you right now is to stick to your escape plan and stay safe.

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  • Can the 6 month waiting period to remarry after a divorce in Oklahoma be waived by a judge?

    My husband and I have been separated for almost 6 years. We live in separate states but a divorce was never finalized. Now I find myself getting remarried and have set the divorce in motion. However, circumstances make waiting 6 months after the d...

    David’s Answer

    You cannot get married in Oklahoma until 6 months after the divorce (dissolution of marriage) is final, so long as your spouse is alive (unless you are remarrying your spouse, but that's another subject). However, there is case law in Oklahoma stating that a marriage conducted in another state during the statute's six-month prohibition against remarriage is valid. Cities in bordering states such as Branson, Missouri and Eureka Springs, Arkansas offer weekend wedding packages.

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  • Divorce/child custody jurisdiction (county) question...

    I fled our home for safety reasons with our daughter to another county. I filed for legal separation in my new county and have a VPO against him b/c there was an act of domestic violence that occurred in the new county. He went and filed for div...

    David’s Answer

    You have to be a resident of your county for 30 days before you can file to dissolve your marriage in Oklahoma. The divorce filing in County A will trump the separate maintenance action in County B. Expect the separate maintenance action in County A to be dismissed or transferred to County B. You can file a counterclaim in the divorce action in County B, and your spouse cannot dismiss. If your spouse dismisses in County A and you've lived in County B for thirty days at that time, you can file to dissolve the marriage in County B.

    The bottom line is, if you want to divorce your spouse, you can. The only question is where. Even though you might prefer County B as the more convenient forum for you, stay focused on your ultimate goal to get out of your dangerous relationship. Good luck and keep safe.

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  • How do i add a father to my daughters birth certificate

    i am from oklahoma. my daughter is 14. i need to put her father on the birth certificate. i need to know what process or steps do i need to take to do so.

    David’s Answer

    If the father is willing to cooperate, you can submit a completed Acknowledgment of Paternity form to the Oklahoma Department of Health Vital Records Service. After they accept the form, they will amend the birth certificate to include the acknowledged father. You can get the form from the Department of Health, or any hospital with a maternity ward.

    If the father does not wish to cooperate, you can file a Petition with the district court to determine parentage. If the father admits paternity or a DNA test determines paternity, you can get a court order declaring him the father. You can then use the court order to amend the birth certificate.

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  • I have court ordered alimoney in the state of oklahoma. I have never rehcieved a penny in 5 years.What can I do to start r

    I know where he works, and lives, an he owns a business in fla. He is also setteling a class act lawsuit soon recieving a large sum of money.

    David’s Answer

    Oklahoma has a 5-year statute of limitations to collect a past-due alimony installment payment. You need to see a lawyer right away to file an action to preserve your right to receive alimony. Once you have preserved your rights in Oklahoma and received a judgment for unpaid installment, you may then need to contact an attorney in Florida to collect the judgment. The important thing is to take action now. Further delay puts your claims at risk.

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  • I am a victim of domestic violence and my ex husband was charged a misdemeanor

    We are thinking of trying to work things out and he wants me to write a letter to the DA and ask to please drop all this stuff. I am just wondering if I can get in trouble for doing that before I do it.

    David’s Answer

    It is common for domestic violence victims to be more worried about the abuser than themselves. Some also live in fear that if they don't help keep their abuser from being exposed, the next beating will be worse. That is why prosecutors have the final call to pursue or not pursue a case.

    I am sorry you are in this situation. I would encourage you to do some research before you write a letter to try to get the charges dropped. Please do an online search for information about the Power and Control Wheel. If you recognize yourself in the description of tactics used by abusers against their victims, please consider using this opportunity to break the cycle of domestic violence in your life. There are people in your community who can help you plan for a safe and violence-free future.

    Abusers are always sorry when they are caught committing abuse. They promise it will be different next time, but it almost never gets better. Please contact the nearest domestic violence resource center before getting back into this relationship. I hope this works out for you.

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