Blog Post One
LEGAL TIPS FROM A TO Z FOR THE NEWLY DIVORCED
A. Make sure you have the originals of deeds, promissory notes, car titles and other documents which should be in your possession, and place them in a safe deposit box.
B. If you move to a new state, your prior Decree is enforceable under the full faith and credit provisions of the U.S. Constitution.
C. In Oklahoma, child visitation cannot be denied because support payments are not being made and conversely support payments cannot be withheld because of a denial of visitation.
D. Divorce decrees are generally enforceable by contempt proceedings, attachment of property or garnishment.
E. When civil enforcement of child support is not practical, redress may be had by criminal enforcement through state abandonment warrants or the uniform reciprocal enforcement of support act. If you are a paying party, partial payments may prevent criminal action.
F. "Child snatching" is punishable by imprisonment in virtually every state and rarely does the party taking the child ever obtain legal custody.
G. Custody, support and permanent alimony are generally capable of being modified following a final decree, but laws vary widely on this.
H. Beneficiaries on insurance policies should be checked and changed where needed. If minor children receive life insurance proceeds, the other parent will be trustee for such funds unless special provisions are made.
I. In some states portions of a Will become null and void after a divorce. This is true in Oklahoma as to your ex-spouse only.
J. Alimony for the support of an ex-spouse is generally tax deductible, while child support is not. Support alimony is taxable income to the recipient; child support is not.
K. If you have a joint passport, have a new one issued for yourself and your children.
L. You may have liability for some charges made on joint credit cards, so all cards should be retrieved if possible.
M. Willful contempt of court for failure to make court ordered support payments or failure to permit court ordered visitation may result in a jail sentence.
N. Contract rights of third parties are not usually affected by a decree of divorce, so if you were obligated to a bank, finance company, etc., before the divorce, you are still obligated even though your ex-spouse has been ordered to pay same.
O. A live-in boyfriend or girlfriend may be grounds for a change in custody or visitation.
P. In Oklahoma, the support of a live-in boyfriend or girlfriend by the recipient of alimony may be grounds for the termination of permanent alimony payments.
Q. In the event of the death of the custodial parent, the other parent usually gets custody, in spite of any provisions in your Will to the contrary.
R. Without a Will, property which goes to your children will be controlled by your ex-spouse.
S. Recent changes in Oklahoma law, abolished grandparent visitation rights with their grandchildren in addition to the visitation given the non-custodial parent.
T. A wide variety of social services are available to a custodial parent receiving inadequate support payments.
U. If you are in military service you can generally avoid litigation under the soldiers and sailors relief act, but usually not in a divorce action.
V. Many states allow a child reaching a certain age, e.g. fourteen (14), to choose which parent he/she wishes to live with. Oklahoma does not; however, Oklahoma law does allow the child to state his or her preference.
W. All alimony and support payments should be by check or a signed, dated receipt should be obtained. The receiving party should keep a very accurate record of all payments received.
X. Gifts and money provided to children directly do not count as child support under most court orders.
Y. Unless specifically ordered, child support payments do not cease during visitation periods even though such periods may be lengthy.
Z. Any deviation from the terms of a court Decree agreed upon by you and your ex-spouse should be reduced to writing and signed by both parties.