OK Bar Family Law 3 — Questions and Answers
Question 1: In Oklahoma, what showing is generally required to modify a prior custody order that changed which parent has custody?
- A permanent, substantial, and material change of circumstances adversely affecting the child, and that the change benefits the child (Correct answer)
- Any change in either parent's work schedule
- The mere passage of two years since the last order
- The preference of a child of any age
Correct 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.
Question 2: At what age does Oklahoma law create a rebuttable presumption that a child's custodial preference should be considered by the court?
- Twelve years old (Correct answer)
- Ten years old
- Fourteen years old
- Sixteen years old
Correct 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.
Question 3: 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?
- Denied, because Oklahoma child support installments become final judgments that cannot be retroactively modified (Correct answer)
- Granted, because job loss automatically abates support
- Granted, because six months of arrears is de minimis
- Denied only if the mother objects in writing
Correct 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.
Question 4: Under Oklahoma's child support guidelines, what is the primary basis for calculating the base support obligation?
- The combined gross income of both parents applied to a statutory schedule (Correct answer)
- The custodial parent's expenses alone
- The noncustodial parent's net income alone
- A flat percentage of the obligor's take-home pay
Correct 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.
Question 5: In Oklahoma, until what point does a parent's child support obligation ordinarily continue for a child who is still in high school?
- Until age 20 if the child is regularly attending high school (Correct answer)
- Until age 18 in all cases
- Until age 21 regardless of enrollment
- Until college graduation
Correct 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.
Question 6: 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?
- A rebuttable presumption of paternity arises (Correct answer)
- Paternity is conclusively established with no rebuttal allowed
- The test is inadmissible without corroborating testimony
- The respondent must still formally acknowledge paternity for it to count
Correct 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.
Question 7: A man is married to a woman when she gives birth. Under Oklahoma's Uniform Parentage Act, what is his status?
- He is a presumed father of the child (Correct answer)
- He is an adjudicated father automatically
- He has no parental status until he signs an acknowledgment
- He is merely an alleged father
Correct 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.
OK Bar Family Law 3
In Oklahoma, what showing is generally required to modify a prior custody order that changed which parent has custody?