Wirth Law Office - Tulsa Tulsa Attorney Blog

License Revoked for Non-Payment of Child Support? Here’s What to Do.

By Staff, June 1st, 2020
First off, if you’re behind on child support for 90 days or more, the equivalent of an amount owed in arrearage of 90 days of more of support, then the state of Oklahoma through DHS Child Support Services, or the person that you’re paying child support to or owed child support to can make the request that your driver’s license be suspended.
Enforcing Child Support in Oklahoma through Loss of Professional License

By Staff, May 29th, 2020
In Oklahoma, there’s lots of different mechanisms to try to enforce child support, different things are good for different circumstances. In this case, we’re talking about somebody who has a professional license, so maybe they’re a doctor and RN or otherwise work in a licensed medical profession.
Enforcing Child Support in Oklahoma Through Loss of Driver’s License

By Staff, May 28th, 2020
If somebody has an order in place for child support, and they’re not paying it, and they have an arrearage that is equal to up to 90 days of back due child support, then you could request that their driver’s license be suspended, and the court can grant that request and they will lose their driving privileges.
How to Enforce Child Support in Oklahoma through a Passport Hold

By Staff, May 27th, 2020
If you’ve got a child support obligation that is owed to you and it is past due, there’s numerous different avenues to try to collect it. You could try to garnish wages, levy bank accounts. You can put a hold on state issued driver’s licenses. You can do a contempt citation. You can try to intercept taxes.
How to Get a Modification Through your Ex’s Tax Return and Paystubs Every Year

By Staff, May 26th, 2020
If their income has gone up a lot, it may maybe worthwhile to do so. If your income has gone down, you’re going to know it, but you’re not going to know if theirs goes up unless you do this on a regular basis. So, if you need help doing that, or have a child support question, or want to file for a modification, talk to an attorney, you can talk to somebody at my office by going to makelaweasy.com.
Who Gets the Dog?

By Staff, May 25th, 2020
Now, the dog is not treated like a child and family courts. So, there is no best interest of the dog analysis in Oklahoma. The dog is considered a piece of property. So, first and foremost, in the context of marriage, if you bought the dog before you came into the marriage, the dog’s going to be yours. On the flip side, if she bought the dog before the marriage, it’s hers. It’s more complicated if the dog was purchased during the marriage.
One Thing to Check on Your Phone when Starting a Family Law Case

By Staff, May 25th, 2020
First thing when you’re starting your family law case, pull up your phone, see what you have your ex in your phone as, and change that name to something appropriate and descriptive. And that way, when you’re printing off screenshots of all those text messages, it’s going to be something that I can present to a court and that I’m not going to be embarrassed to provide and not going to be something that undermines your case and makes you look petty.
What Can Grandparent Do about Domestic Violence? Domestic Violence Pt 5

By Staff, May 22nd, 2020
Let’s say your daughter is married and has two or three children, and over the course of several years it becomes apparent that your daughter is being abused by her spouse.Unfortunately a scenario that many grandparents across the State of Oklahoma find themselves in and it’s hard to know what to do. Obviously the first thing that you want to do is you try to reach out to your daughter. You try to provide them with resources and help. It might be a mistake to provide marriage counseling as the first option and it’s a mistake I’ve seen a lot of people make. When someone is being abused physically and mentally by a partner, marriage counseling towards reconciliation is not where you need to go.
Entering a Plea: Step 10 in an Oklahoma Misdemeanor Case

By Staff, May 22nd, 2020
This stage could happen any time during the process. Anytime if an agreement is worked out with the state for a plea deal that can be entered on the next court docket, or you could even sometimes make a special setting where you added on to get that plea deal entered.
The Great Escape Leaving Domestic Violence: Domestic Violence Pt 4

By Staff, May 21st, 2020
In family law in State of the Oklahoma, evidence of domestic abuse creates a presumption that it’s not in the best interest of the child for the abusive parent to be the primary caretaker, and that it’s in fact in the best interest for the abused victim to be the primary caretaker of the child. So that gives you a built-in advantage litigating custody.
Sentencing: Step #9 in an Oklahoma Misdemeanor Case

By Staff, May 21st, 2020
Often, if you were found guilty, often on a misdemeanor, you might have credit for time served, you might not get any jail time at all, and it might just be resolved at that time, or maybe the judge does order a little bit of jail time or something. Maximum on a misdemeanor is up to a year in jail, depending on what the offense is. Sometimes the judges will sentence you immediately after the trial. Other times, they’ll set it off for sentencing on another date.
Trial: Step #8 in an Oklahoma Misdemeanor Criminal Case

By Staff, May 20th, 2020
Sometimes it’s a bench trial. Sometimes it’s a jury trial. If you’re talking about a misdemeanor as a jury trial, we’re looking at six jurors. And you’ve got a right to a jury trial so you can demand that. But courts have also found that the state has a right to a jury trial. Sometimes the defendant would waive it and the state would want a jury trial and you ended up at a jury trial. But either way, it’s going to be one or the other, and essentially that means that you’re going to be putting on witnesses, exhibits, get the testimony in there. And then somebody is going to be making a determination on one, whether there’s guilt, meaning whether each of the elements of the offense has been proven beyond a reasonable doubt, and two, what the sentence should be within the range of punishment.
Its All My Fault – How Violence Impacts Children: Domestic Violence Pt 3

By Staff, May 20th, 2020
Children encounter domestic violence visually. Normally these children, they see the the effects of domestic violence. Either they see the actual incident occur itself or they see the aftermath such as bruising on one of the partners, and the children internalize this. It creates an atmosphere of violence in the house.
Pre-Trial: Stage 7 in an Oklahoma Misdemeanor Case

By Staff, May 19th, 2020
Generally, the pretrial is all about the preparations that need to be made before you go before a judge for a bench trial or a jury for a jury trial. So it’s the judge ensuring that we’ve got everything set and everything’s ready to go, so we don’t run into issues at that time. If you are the defense or even the state, it’s about getting ruling on certain evidentiary hearings. It’s about determining whether we have a complete list of witnesses ready to go. It’s about pretrial motions, like motions in limine, which is making rulings on admissibility.
Why Doesn’t She Just Leave: Domestic Violence Pt 2

By Staff, May 19th, 2020
“Why doesn’t she just leave him,” is such an unfair one is that it very much over simplifies the process of leaving your abuser, because that abuser has erected a series of supports that helps he or she to control their victim. Because as we’ve discussed in the previous installment, violence is a means into the end. The end that the abuser is seeking is control. Maybe it’s because of their own insecurities, but they want control over their partner’s everyday life to the extent that no one else has a say in that person’s life and the victim is forced to rely entirely on the abuser. And that’s part of why it is so difficult to escape these situations.