Family Law Flashcards

In Oklahoma, what showing is generally required to modify a prior custody order that changed which parent has custody?

Answer: A permanent, substantial, and material change of circumstances adversely affecting the child, and that the change benefits the child

Under Oklahoma's Gibbons standard, the movant must show a permanent, substantial, and material change of conditions that adversely affects the child and that the change of custody would improve the child's welfare.

At what age does Oklahoma law create a rebuttable presumption that a child's custodial preference should be considered by the court?

Answer: Twelve years old

Oklahoma statute provides that a child twelve or older is presumed to be of sufficient age to form an intelligent preference, which the court must consider though it is not binding.

A father in Oklahoma stops paying court-ordered child support after losing his job but never seeks a modification. Six months later he petitions to reduce his arrearage retroactively. What result?

Answer: Denied, because Oklahoma child support installments become final judgments that cannot be retroactively modified

Each child support installment becomes a judgment when due in Oklahoma, so arrearages cannot be retroactively modified; relief operates only prospectively from the filing of a modification motion.

Under Oklahoma's child support guidelines, what is the primary basis for calculating the base support obligation?

Answer: The combined gross income of both parents applied to a statutory schedule

Oklahoma uses the income shares model, which combines both parents' gross incomes and applies a statutory schedule prorated between them.

In Oklahoma, until what point does a parent's child support obligation ordinarily continue for a child who is still in high school?

Answer: Until age 20 if the child is regularly attending high school

Oklahoma support continues until 18, or if the child is still regularly enrolled in and attending high school, until graduation or age 20, whichever occurs first.

A paternity action is filed in Oklahoma. Genetic testing shows a 99.5% probability that the respondent is the father. What is the legal effect?

Answer: A rebuttable presumption of paternity arises

Under Oklahoma's Uniform Parentage Act, genetic test results showing at least a 99% probability create a rebuttable presumption of paternity that can be overcome only by specified contrary evidence.

A man is married to a woman when she gives birth. Under Oklahoma's Uniform Parentage Act, what is his status?

Answer: He is a presumed father of the child

A man married to the mother at the time of the child's birth is a presumed father under the Oklahoma Uniform Parentage Act.