LAW

Title 43 - PDF & Palm

Temporary Orders

Income Assignments

Child Support CLE (2004)

Child Support Revisions (2000)

DHS Bank Match System

GP Visit Statute

Troxel v.Granville

GP Visitation CLE

Child Custody Anthology

Palm file Child Support

Okla Evidence Code

2002 Title 43 Changes

Obtaining Child Data

 

FORMS

Income Assignment

IRS Form 8332

Child Support Computation

New Summons / Notice of Automatic Temporary Injunction

Court Clerks

DD 2293 (Military Retirement Form)



 

Go to Adobe's website to download Acrobat  

Most files are PDF format. Adobe Acrobat Reader® v3 or later is required to view them. Click the icon to download the latest free version (v6.0). And, I'm using iSilo to make PALM document files. Click here for iSilo information.

Files may be viewed here or downloaded to your desktop for reading later. Any file can be downloaded to your computer using the techniques established by your web browser sofware. Some downloads are Self-Extracting WinZip® files which will be copied to a location you specify. Initially, it makes sense to download them to your Desktop. If you are using Windows 95 or Windows 98, your desktop is C:\Windows\Desktop. If you are using Windows ME, 2000, NT, or later, I don't know that address. Mainly, download to a location on your computer that you know. You can move them later.

When viewing a PDF file, bookmarks and pages are visible if you select that viewing option in Adobe Acrobat Reader. Using that Adobe feature facilitates movement in the PDF document. This doesn't explain how to do that, but, generally, click on the item in the lower left area of the PDF page. To download a viewable form, use your web browing software’s instructions.


STATUTE AND CASE LAW

Anthology of Oklahoma Authorities - Disclosure and Confidentiality of Child Records and Oral Information. This CLE paper was presented 8/27/2002 in Oklahoma City. This 137 page paper (current through 11/1/2002) attempts to assemble in one document all Oklahoma statutes, federal statutes, and relevant case law concerning the use and disclosure of Child Data, written or oral, in litigation or other contexts. The PDF file is large - 1.32 MB - so, on dial-up connections it will be slow to load. If you have a need for the document and its associated PDF catalogue/search files later on, it might be better if you'd download (or, if your web browser supports installing from the web, install) the self-extracting WinZip file - ChildData.exe, 1.44 MB - so that the PDF file and its index files will be copied to your computer's hard disk. View the document Download

2002 Revisions to Title 43 Oklahoma Statutes - PDF only at this point. 16 Title 43 statutes were amended/added/repealed in the Spring 2002 Legislative Session. All these statutes are included in this 23 page PDF hypertexted file (168 KB). These revisions are not currently included in the Title 43 files which follow this paragraph, but will be later. If you want to download the document, right-click on the following link and select 'Save Target As' or something like that, depending on your web browser.
View the document

Title 43 Oklahoma Statutes - PDF or PALM! All files contain ALL of Title 43, are generously hypetexted, bookmarked, and contain numerous case citations. Both files are current as of January 1, 2002. The PDF version is available on-line or as a self-extracting WinZip file. The Palm version requires installation of v3.1 iSilo on your Palm, a downloadable shareware program ($17.50 to purchase) at
http://www.iSilo.com.

The PDF version contains a topical index and a statute index. It's a big file - 109 pages, and will take some time to open if you are using a regular modem. But, you can open the file here if you want or download it to your hard drive for later use. This replaces, revises and updates the earlier similar file posted in the Links area of this website. Format: PDF.
View the document (1.47 MB) Download the self-extracting WinZip file (860 KB)

The new (updated 3/9/2002) Palm version, as noted above, requires iSilo for use with your Palm. I chose iSilo for the Palm software since it supports color, hyperlinks and bookmarks, and also compresses to a smaller file. In addition to all of Title 43, the Palm version also includes Title 12's income assignment statutes. Pick whether you want the Color or B&W (black and white) version. Both files are 165 KB.

Download the Color file Download the B&W PDB file


Temporary Orders Law and Practice This paper was originally presented at the OBA Annual Meeting CLE in November 2001 and the "law" section is published in the Oklahoma Family Law Journal Spring 2002 issue. This Web version breaks the paper into 2 parts - Part 1: Temporary Order Law and Practice, and Part 2 - Using Spreadsheet Software and Model Spreadsheet. Both PDF documents are generously hyperlinked for ease of movement within the document.
            
Part 1 - Law and Practice (177 KB)
            
Part 2 - Spreadsheet Software and Model Spreadsheet (807 KB)


Income Assignment Statutes This contains the text of primary income assignment statutes from Titles 12, 43 and 56, Oklahoma Statutes, current through July 2004. The document is bookmarked and hyperlinked for ease of movement within the document and contains links to OSCN. Format: PDF. View the document (123 KB)

Oklahoma Child Support Computation! This CLE paper is my Summer 2004 review of Oklahoma child support computation issues, including a discussion of pertinent statutory and case law through 6/15/2004. It is substantially the same as Chapter 5.1 in the OBA Family Law Section Practice Manual. An earlier version was presented to a lawyer seminar in October 2001. While it's mainly written for a lawyer/judge audience, it may be useful to non-lawyers, as well. 67 Oklahoma appellate court decisions are noted and, in a new appendix, links are present for each case to actual cases at both OSCN (published decisions) and to the Oklahoma Attorney General's Public Research website for unpublished decisions (largely, shared parenting computation issues). The full text of several statutes is included. The document is generously hyperlinked for ease of movement within the document. Format: PDF.
View the document (861.7 KB)

What's The Deal on Child Support Guidelines Circa 2000? Unlike the above, which is a comprehensive review of Child Support Computation issues, this CLE paper focuses upon changes made in June 2000 to the Child Support Guidelines laws. It was presented in August and September 2000 at an OBA CLE seminar in Oklahoma City and Tulsa. Mainly, it compares changes from the 1999 CSGL law which became effective in June 2000. The CSGLs were not changed in the spring 2001 Legislative Session. Format: PDF.
View Download

The DHS Match Reporting System, 56 O.S. §240.22 ~ §240.22G - Although the DHS Match Reporting System has been around since 7/1/1997, it's only recently coming to the attention of the private bar. Certain parts of this series of statutes received important amendments which became effective 11/1/2000 as part of SB 1520 and, in the spring 2001 session of the Legislature, some additional changes were made.

Basically, the Match Reporting System works like this: All banks and other financial institutions are required to secretly disclose to DHS a list of all its account "holders", inclusive of social security numbers and other data, so that DHS can "match" that list against a list IT maintains of child support obligors. By "secretly", I mean that the bank is forbidden to notify its account holders that such information has been / is being disclosed (under penalties to the bank if it does). Alternatively, the bank can opt to receive a list of obligors from DHS and the bank can do the comparison. Guess which method is the easiest for the bank to do. If the child support obligor shows up in the DHS list as being 90 days or more delinquent, DHS is then REQUIRED to levy upon that account, up to the amount of the arrearage. In such event, the bank is once again forbidden to disclose that levy to its account holders -- DHS does that within three working days of the seizure. If the child support obligor is merely a signator on a bank account owned by another (e.g., an employee having check writing status for business convenience purposes) and the employee's name appears in both "lists", the account can still be seized! The statutes do not provide a method for an account "owner" to prevent such seizure from occuring, thought it could presumably be done through litigation against DHS. Format: PDF.
View the statutes (26.2 KB)

Grandparent Visitation Statute - Effective 11/1/2000, significant changes were made by HB 1983 which have not been modified as of the Spring 2002 legislative session. How the 2000 Legislation will be viewed in light of Troxel v. Granville, and later Oklahoma cases, below, is another matter. Format: PDF.
View the PDF file

Troxel v. Granville, No. 99-138 (6/5/2000) - US Supreme Court's decision holding a Washington statute (which permitted "[a]ny person" to petition for visitation rights "at any time") unconstitutionally infringed on parents' fundamental rights to rear their children. Care should be taken to view this opinion in the context of its background (a very broad statute; grandparents were receiving visitation, but not as much as they wanted) and in the Supreme Court's lack of a majority in deciding the case. Justice O'Connor wrote for the 4 justice plurality; 2 concurring opinions; 3 dissenting opinions. Format: html.
View Download

Grandparent Visitation Paper - After the Troxel decision, the Oklahoma Supreme Court decided two grandparent visitation cases, Neal v. Lee, 2000 OK 90, 14 P.3d 547, and Scott v. Scott, 2001 OK 9, 19 P.3d 273. A discussion of these and other grandparent visitation cases is available in my paper, "Grandparent Visitation in Y2K and Beyond". These files are pretty large and it will take a bit of time for them to load (view) or download, depending on the speed of your web connection. Format: PDF.
View Download

Child Custody and Visitation Anthology. This 83 page paper is an analysis updated through 2001 of most all custody/visitation decisions by Oklahoma appellate courts after 1950. It's extensively hyperlinked for ease of movement. You can view the file here, or you can download it. Format: PDF.
View (1 MB) Download (402 KB)

Oklahoma Child Support Computation - Palm File

Updated 3/28/2002 - the change in this is simply to add zeros (0) in 8 user-data cells for other support paid, marital debt, health insurance and child care expense of the parents. Without those zeros, the cells transformed into locked cells when creating the PDB file with Documents To Go. This fixes that problem.

This file, csupport.pdb, was made in Quattro Pro and converted to a “v3 Documents To Go” spreadsheet PDB file. Use of this file requires v3 Documents To Go to by
DataViz to be installed in your Palm. Some version of Documents To Go is included with the installation software with the Palm m500 series and some others. Anyway, if you can make it work on your Palm, this file computes basic child support under Oklahoma law, but it does NOT compute shared parenting adjustments.


v3.0 Documents To Go Users: Click on the download link below and save the file to your Windows Desktop. Open v3 Documents To Go, and, therein, add the downloaded csupport.pdb file. Then, close Documents To Go. At the next Hot Sync, the program installs as a Sheet To Go file on your Palm. v4.0 Documents To Go Users: Click the other link, below.
Download v3.0 Docs To Go File (25 KB) v4.0 Docs To Go Users, CLICK HERE!


Oklahoma Evidence Code - PDF & Palm Files

The Oklahoma Evidence Code, 12 O.S. §2101 et seq., current through 3/18/2002, is available in PDF and Palm PDB file formats. All files are bookmarked and extensively hyperlinked. Palm versions require installation of v3.1 iSilo software on your Palm, a downloadable shareware program ($17.50 to purchase) at http://www.iSilo.com.


PDF File 328 KB Palm Color File Palm B&W File both are 86.4 KB


FORMS

8/22/2001 - I've removed previously posted forms since they've become rather stale. But, some new (and a few old) forms are available:

Order/Notice To Withhold Income For Child Support. This new form replaces the federal form that expired 12/31/2000. The federal number is the same - OMB Control No. 0970-0154. It's available here in both PDF and WordPerfect for Windows 6.1 or later format. To view the form here, use the PDF format.
View PDF file (right click and save to disk if you want) (71.2 KB) Download WPD file Note: If the Wpfile opens in QuickView Plus or other program, right-click on the link and select 'Save Target As ...' (32.6 KB)

IRS Form 8332. This is the IRS Release of Claim to Exemption for Child of Divorced or Separated Parents form (12/2000). This particularly small PDF file allows you to insert relevant data in it and you can then print it with that data. Or, you can download the file and use it the same way any time you want. To use the form now, left-click the link. To download it to your computer and use it later, right-click on the link and select 'Save Target as ...' and save it to your computer where you chose. Format: PDF
IRS Form 8332 (23.6 KB)

Child Support Computation Form. This is the Child Support Computation Form used in my v4.5 Grande Macros program and which was utilized in the OBA Family Law Section's Form Book. To download it to your computer and use it later, right-click on the link and select 'Save Target as ...' and save it to your computer where you chose. Formats: PDF and WordPerfect
View PDF Form (140 KB - right-click to download) Download WordPerfect Form Note: If the Wpfile opens in QuickView Plus or other program, right-click on the link and select 'Save Target As ...' (25.2 KB)

New Summons and Automatic Temporary Injunction. On 11/1/2002 and after, changes to 43 O.S. §110 provide for an Automatic Temporary Injunction which becomes effective by operation of law. In part, 43 O.S. §110.A.1. reads, “Upon the filing of a petition for dissolution of marriage, annulment of a marriage, legal separation by the petitioner and upon personal service of the petition and summons on the respondent, or upon waiver and acceptance of service by the respondent, an automatic temporary injunction shall be in effect against both parties pursuant to the provisions of this section unless the automatic temporary injunction has been waived pursuant to this section...” The Automatic Temporary Injunction Notice is required to be served with the Summons. The form included here is the work of several members of the Oklahoma Bar Association Family Law Section and is expected to be approved for statewide use by the Oklahoma Court Administrator’s Office in the immediate future. Once that approval becomes a fact, the line at the bottom of the 2nd page, “AOC APPROVED FORM Rev ___” will be modified on this website to include the revision date. Four versions are available for download here - both are identical except for the Petitioner information area: Version 1 includes 'underscored' lines for 5 lines of type, probably most useful for pro se litigants; Version 2 uses no underscoring for Petitioner information area and contains 6 lines of type, and is probably most useful for lawyers.

Wp Note: For either WordPerfect file - if the WordPerfect file opens in QuickView Plus or other program, right-click on the link and select 'Save Target As ...'.

Usage Note: To avoid the potential claim by a Respondent that the ATI Notice was not received with the Summons, do a front and back printing (or copying) of pages 1 and 2 of the document so that the Notice is on the back side of the Summons.
Version 1 PDF editable form file Version 1 WordPerfect editable file

Version 2 PDF editable form file Version 2 WordPerfect editable file


Oklahoma Court Clerks. This 84 Kb PDF file list all Oklahoma court clerks as of 9/11/2003, including names, addresses, phone and, if available, fax numbers and e-mail addresses. Oklahoma Court Clerks


DD Form 2293. This editable PDF form, the Application for Former Spouse Payments from Retired Pay, is used to effectuate direct pay orders for instances that a divorce decree orders the non-service member to have an interest in his/her spouse's military retirement. DD Form 2293


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