Am I Married...Legally???

[inactive]

Two observations.

1- the relationship here predates OKs attempt to eliminate common law marriage.

2- custody and visitation are two distinct things. Don't confuse them As many people often do. Custody is decision making authority. Visitation is time ordered/allowed with the kids. Child support FWIW is based on the visitation pro rata time compared to income disparity and not the custody. Just FYI.

 

[Sanford]

Child support FWIW is based on the visitation pro rata time compared to income disparity and not the custody.

Unless it's changed, support and visitation are not linked in Oklahoma ... visitation cannot be denied on the basis of non-support, and support still has to be paid even if visitation is being denied ... speaking strictly from personal experience in district court.

 

[inactive]

Unless it's changed, support and visitation are not linked in Oklahoma ... visitation cannot be denied on the basis of non-support, and support still has to be paid even if visitation is being denied ... speaking strictly from personal experience in district court.

But the child support computation is based on the percentage of time split between each household and the respective incomes, as to attempt to provide a consistent standard of living and care for the child across parental residences. That's that point I was trying to emphasize.

So in fact, if one parent has 0% visitation but a greatly higher income, their support would theoretically be the highest possible within the allowable computation, as to provide the most support to the parent with full homing of the child but a lower income.

 

[Dave70968]

IANANL, but I was told several years ago, by a lawyer, that Oklahoma did away with common law marriage. It was within the last 10-15 years.

This is incorrect. Oklahoma still recognizes common law marriage. Henschman has given good advice; I left my family law book at the office, else I'd cite the relevant cases for you. I'll try to remember on Monday.

Interestingly, though we recognize common law marriage, there's no such thing as "common law divorce;" you still have to go through the courts for that one.

Unless it's changed, support and visitation are not linked in Oklahoma ... visitation cannot be denied on the basis of non-support, and support still has to be paid even if visitation is being denied ... speaking strictly from personal experience in district court.

This is correct. In fact, it's not just precedent, it's statute:

43 O.S. 111.1
...
B. 1. Except for good cause shown, when a noncustodial parent who is ordered to pay child support and who is awarded visitation rights fails to pay child support, the custodial parent shall not refuse to honor the visitation rights of the noncustodial parent.
2. When a custodial parent refuses to honor the visitation rights of the noncustodial parent, the noncustodial parent shall not fail to pay any ordered child support or alimony.

But the child support computation is based on the percentage of time split between each household and the respective incomes, as to attempt to provide a consistent standard of living and care for the child across parental residences. That's that point I was trying to emphasize.

So in fact, if one parent has 0% visitation but a greatly higher income, their support would theoretically be the highest possible within the allowable computation, as to provide the most support to the parent with full homing of the child but a lower income.

Partially true. The shared parenting credit doesn't kick in until the non-custodial parent reaches 121 overnight visits per year.

43 O.S. 118E
A. Parenting time adjustment.
1. The adjustment may be granted based upon a court order or agreement that the noncustodial parent is granted at least one hundred twenty-one (121) overnights of parenting time per twelve-month period with the children in the case under consideration.

In most cases, absent an agreement to the contrary by the parties, the courts follow the statutory guidelines. There are tables and such in the statutes, but the easy way to run the numbers is to go play with the calculator on DHS's website: http://www.okdhs.org/onlineservices/cscalc

 

[KYLE_B]

My brother added his girlfriend to his insurance. Once he did that is was legally a common law marriage. They never shared a bank account or loans but he did support her. She stole his debit card and withdrew money so he kicked her out. He had to get a divorce through the courts but has never had a wedding. The courts actually awarded him payment for the theft but he'll never see a dime.

 

[SoonerP226]

This is incorrect. Oklahoma still recognizes common law marriage. Henschman has given good advice; I left my family law book at the office, else I'd cite the relevant cases for you. I'll try to remember on Monday.

Don't bother on my account; I'll take your (and Hensch's) word for it. I thought it was an attorney that told me, but it was long enough ago that I'm not positive about that. (FWIW, I do know a couple of bona fide experts in family law, but it never occurred to me to ask them about this. The lawyer I would normally ask about this intentionally avoided studying family law beyond what it took to pass the bar specifically so he could tell people "seek competent legal counsel elsewhere." Smart dude...)