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1 Answer | Asked in Child Support, Divorce and Family Law for Oklahoma on
Q: Is the final monthly child support payment prorated to the last day of school or due in full for the month school ends

School is out mid-May. Graduation is late June. How should the final payment be handled?

Pete David Louden
Pete David Louden answered on Apr 28, 2020

You will need to review your support order. Most of the time the order will state the due date as the 1st day of the month. If child graduates in June then the June 1 payment would be made as usual.

3 Answers | Asked in Criminal Law for Oklahoma on
Q: Can two lawyers be hired for one case?

Charges are possession of controlled substance with intent to distribute. Client is worried additional charges may be applied as well.

Tracy Tiernan
Tracy Tiernan answered on Apr 25, 2020

Provided you have the resources to retain two different lawyers, but, of course, you can hire as many attorneys as you like. You would likely prefer that they work on separate cases (as there could be some difficulty sharing responsibility if Two different attorneys brought their different... Read more »

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1 Answer | Asked in Social Security for Oklahoma on
Q: Is it required for an individual to work the full five years just prior to retirement?

My mom, who lives in Oklahoma, is turning 62 this year and would like to retire a little while after her birthday. However, she is concerned because she heard somewhere that a person is required to have been employed for the entire five years immediately preceding their desired retirement date. Is... Read more »

Steve Perrigo
Steve Perrigo answered on Apr 25, 2020

That is not true. What might be confusing her is the general rule that an individual seeking Social Security Disability benefits needs to have worked 5 of the 10 years before their disability onset date. There is no such rule for SS Retirement benefits. You just have to have worked the equivalent... Read more »

1 Answer | Asked in Family Law, Civil Rights, Federal Crimes and Juvenile Law for Oklahoma on
Q: I’m 17 and pregnant, am I legally an adult? Can I legally move out or get in trouble with law for “running away”?
Pete David Louden
Pete David Louden answered on Apr 24, 2020

Are you legally and adult? No. You are an adult when you are 18.

1 Answer | Asked in Business Formation for Oklahoma on
Q: I'm trying to startup a small bar in rural Oklahoma but I'm not exactly sure what all I need to do...

All I have so far is the liquor license from the Oklahoma ABLE Commission. Where should I go from here?

Matt Fleischer
Matt Fleischer answered on Apr 23, 2020

I'd recommend hiring a business formation attorney, but if you are wanting to do it yourself, here's a pretty good overview of the steps involved, along with links to helpful resources:

https://howtostartanllc.com/oklahoma-llc

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Gov & Administrative Law for Oklahoma on
Q: In Oklahoma local police took a friend's dog said he had pay fees and unrelated traffic tickets before returning dog
Brian Boeheim
Brian Boeheim answered on Apr 22, 2020

Normally, law enforcement can take possession of a dog if hasn't been inoculated, spayed, or neutered, or if it is "at large", has bitten someone, or is deemed dangerous, and yes, at least under Tulsa Municipal Ordinances (Title 2, Section 109), there are reclaiming and impoundment fees, and a... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My car was impounded. The police have a hold , the tow yard States the car is there under title 47 sec 901. Can I get

Car is financed

David A. Cincotta
David A. Cincotta answered on Apr 20, 2020

The reason the car was impounded could impact the steps you take next. The police could have a hold on it for a variety of reasons (suspicion of it being stolen, need to process it as evidence, considering filing a forfeiture action against it, etc.). If the vehicle was impounded and you were... Read more »

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: My husband provided 2 DNA tests proving he was not the father & he voluntarily terminated his rights. Still owes to CSS.

My husband did a private DNA test in 2016 and he was not the father. The child was taken into DHS custody in 2018 and my husband was given a 2nd DNA test and it showed once again he wasn’t the father. He voluntarily terminated his rights but because of the acknowledgement of paternity paper he... Read more »

Brian Boeheim
Brian Boeheim answered on Apr 20, 2020

He needs to file a petition to remove himself from the acknowledgement of paternity. We ahem done several of these lately. In some way this is straightforward, but there are some serious pitfalls if you are not careful.

1 Answer | Asked in Traffic Tickets and Constitutional Law for Oklahoma on
Q: I was arrested in December they violated my 4th amendment by running my tag with out knowledge of me commitment a crime

Can I have a case against the police department

David A. Cincotta
David A. Cincotta answered on Apr 19, 2020

The question you present is not one that can simply be answered on a forum such as this. If you were arrested and no charges were filed, you could contact a civil rights attorney to review your case. If you were charged, you should hire (if you have not done so already) a criminal defense... Read more »

1 Answer | Asked in Child Custody, Child Support, Family Law and Tax Law for Oklahoma on
Q: Wife and I separated, she moved her and kids out to Cali before we established custody. We filed taxes married jointly

She had the money direct deposited into her account and is refusing to give me my half. She does have a PO against me but I am suppose to have supervised visits and talk to my twice a day and am not getting that.

Brian Boeheim
Brian Boeheim answered on Apr 19, 2020

The first question is whether you and your wife are legally separated or just don't live together? If it is a legal separation, then you have some legs to stand on, but if it is not filed then you may have some trouble. Because you used the terms supervised visitation, that gives me the sense... Read more »

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Plus I don't question my brother is in a situation where his son's mom I took him over state lines to Missouri DHS took

My brother's son was taken over state lines to Missouri or DHS has taking my brother's son but the mother over state lines without my brother's knowing our permission DHS didn't contact him or anything. How dose he go about getting his son back?

Pete David Louden
Pete David Louden answered on Apr 17, 2020

Depends on factors such as if the parents are married or if there is an existing custody order. First step would be for him to have a private consultation with an attorney. Once an attorney has a complete picture of what is going on they will then be able to tell him what he needs to do.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: If someone has a daughter and grandchild that depends on them entirely, could she serve community service instead of tim
Tracy Tiernan
Tracy Tiernan answered on Apr 16, 2020

Of course. However, the fact that you are posing this question leads me to deduce that you have been offered some type of incarceration, be it jail time or prison.

And, as I suspect, if you have had legal counsel representing your interests along the way to arrive at your final plea offer...
Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: Is it legal to charge me a doc supervision fee and a da supervision fee in Oklahoma

Im on a suspended sentence in Oklahoma. 2 years supervision through department of corrections. So I pay 40$ a month to them but then the courts are also making me pay a da supervision fee under 991 fees. Doesn't sound legal to have to pay two enteties for the same thing according to what I just... Read more »

Brian Boeheim
Brian Boeheim answered on Apr 15, 2020

I am sorry to say that it is legal. Literally under the 991 statute. It is a way for the DA's office to recover costs related to your prosecution. I agree, it is overly burdensome, and we have actually argued during Rule 8 hearings that the fines and costs are excessive. Supreme Court Justice... Read more »

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1 Answer | Asked in Employment Law for Oklahoma on
Q: is there a is there a deadline to file a wrongful termination suit
Carrie Dyer
Carrie Dyer answered on Apr 15, 2020

Yes, there are statutes of limitations in place for state and federal laws that govern when you must file a lawsuit. The deadline will depend on the laws under which you are asserting that you've been wrongfully terminated. You should seek counsel from an employment attorney in your area as soon... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Purchased a home with boyfriend, have quick claim deed, never filed with county. How can I get him off it? He moved

Need to get ex boyfriend off quick claim deed. He lives in another state now and has nothing here. No mortgage, house is free and clear. Never filed with the county clerk here in Oklahoma. How can I get the property in just my name

Anthony M. Avery
Anthony M. Avery answered on Apr 14, 2020

You potentially have two easy solutions: get a quit-claim deed from the original grantor to you only and record it (best); or get the boyfriend to quit-claim his tenant in common interest to you only, then record both deeds in their chronological order. Otherwise you are left with adverse... Read more »

2 Answers | Asked in Probate for Oklahoma on
Q: When would the statute of limitations start for filing a probate claim begin ?
Matt Fleischer
Matt Fleischer answered on Apr 11, 2020

Assuming you are asking about filing a creditor claim against the estate, such claims are forever barred (in standard probate) unless presented to the personal representative or their attorney by the presentment date, which will be about two months after the notice is filed with the court clerk.... Read more »

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1 Answer | Asked in Criminal Law and Sexual Harassment for Oklahoma on
Q: How would I get a mug shot for an older case
David A. Cincotta
David A. Cincotta answered on Apr 10, 2020

Contact the entity that would have taken the mug shot and find out if they still have it. If the entity still has it, ask that entity how you go about requesting a copy. Oklahoma law enforcement entities (state and local) will provide it to you (if they still have it) pursuant to the Oklahoma... Read more »

2 Answers | Asked in Child Custody for Oklahoma on
Q: Im 17 I want to live with my biological father but I live with my stepdad can I leave without asking my stepfather
Pete David Louden
Pete David Louden answered on Apr 8, 2020

You would need to discuss this with your custodial parent / legal guardian.

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1 Answer | Asked in Employment Law and Workers' Compensation for Oklahoma on
Q: I was layed off work at no fault of my own on 3/12/2020.

My company provided vehicle was never returned/picked up by said company. I was also never paid a promised bonus of $4500. I have not been utilizing said vehicle in any way. It is parked at my house sitting since termination. I told my former manager I would gladly return the vehicle once I was... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 8, 2020

You should return the vehicle immediately, then contact an employment attorney in your area to discuss a claim for recovery of the unpaid bonus.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can I leave house and cars by transfer on death deeds to my 14 year old daughter w/o court involved. Do I need trustees

My husband and I own our home, no mortgage and own all autos w/ clear titles. We are self employed low income, but what we have, we own. I also have a son that is 24, but not responsible to handle such matters. What is the cheapest and simplest way to make sure that our daughter gets our... Read more »

Matt Fleischer
Matt Fleischer answered on Apr 8, 2020

Probably the cheapest and easiest way is to create a simple revocable living trust that names you and your husband as trustees and primary beneficiaries and then names a successor trustee that takes over and manages the property for your daughter until she reaches the age you want her to receive... Read more »

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