n Oklahoma, a person can typically be divorced if he or she has been a resident of OK for six months or more prior to filing a petition for divorce with the district court. After filing, either party may be entitled to alimony in both real and personal property. At this point it is imperative to acquire the services of an Oklahoma City divorce lawyer to protect your rights throughout the divorce and alimony proceedings.
The standard for dictating who will have custody of children depends on the best interest of the child. In order to have a joint custody plan, the parties must draft and agree on the arrangement, which is then evaluated by the court.
One important aspect of a divorce is the allocation of child support. Only the parent who is not in custody of the child pays Child support. The amount of child support is dictated by the Oklahoma Child Support Guidelines. The basic aspects are the number and age of the children as well as the monthly income of both the custodial parent and non-custodial parent. This formula also includes factors such as health insurance polices. Support alimony can also be assigned to a party in addition to child support based on the circumstances of the case. In Oklahoma this payment is considered to be taxable income.
Calculation of the gross income of the parties can be done in a variety of fashions, including average monthly income over the past three years, using the average income of a person with comparable education, training and experience, or minimum wage paid for a forty-hour work week.
The court uses equitable division to divide the property between the two parties. This does not necessarily mean that property will be split fifty-fifty, and the court has wide latitude of discretion when allocating property. Like Support Alimony, Alimony in lieu of property may also be assigned if property is difficult to divide in an equitable fashion. A party who is awarded a particular asset may be ordered to pay the other party Alimony in lieu of property.
Death of a party member also affects alimony payments. In Oklahoma, if a party dies while paying alimony all unpaid alimony obligations terminate. Alimony payments may also terminate if the receiving party remarries. Finally, if one of the parties stays with a third party voluntarily and continuously to engage in a conjugal relationship not authorized by marriage, future support alimony payments may be reduced or terminated.
Alimony laws in Oklahoma are complex and difficult. If you or someone you know is going through a divorce or having trouble with alimony payments call the Oklahoma City divorce lawyers at Atkins and Markoff to ensure the proper course of action is taken.