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The Water Cooler
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Am I Married...Legally???
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<blockquote data-quote="Dave70968" data-source="post: 2752412" data-attributes="member: 13624"><p>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.</p><p></p><p>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.</p><p></p><p></p><p>This is correct. In fact, it's not just precedent, it's statute:</p><p></p><p>43 O.S. 111.1</p><p>...</p><p>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.</p><p>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.</p><p></p><p></p><p></p><p>Partially true. The shared parenting credit doesn't kick in until the non-custodial parent reaches 121 overnight visits per year.</p><p></p><p>43 O.S. 118E</p><p>A. Parenting time adjustment.</p><p>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.</p><p></p><p>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: <a href="http://www.okdhs.org/onlineservices/cscalc" target="_blank">http://www.okdhs.org/onlineservices/cscalc</a></p></blockquote><p></p>
[QUOTE="Dave70968, post: 2752412, member: 13624"] 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. 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. 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: [url]http://www.okdhs.org/onlineservices/cscalc[/url] [/QUOTE]
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