0 chapters · 235 sections in this title.
43 O.S. § 118.2 Employer sponsored health care coverage
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A. When a parent is required by a court or administrative order to provide health coverage which is available through an employer doing business in this state, the employer is required: 1. To permit the parent to enroll under family coverage any child who is otherwise eligible fo…
43 O.S. § 118.3 Request for wage and tax information
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On or after April 15th of each year, the obligor or obligee may make a written request to the other party for the other party's previous tax year W-2 forms, 1099 form, or other wage and tax information. This request shall be served upon the other party in the same manner prescrib…
43 O.S. § 118.4 Assignment or transfer of child support benefits –
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Attorney fees. A. Child support or any claim thereto shall not be directly or indirectly assigned, except as provided in subsection B of this section and in subsection C of Section 237 of Title 56 of the Oklahoma Statutes. Any assignment of child support to the Department of Huma…
43 O.S. § 118A Definitions
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As used in Section 118 et seq. of this title: 1. "Adjusted Gross Income" (AGI) means the net determination of the income of a parent, calculated by modifying the gross income of the parent as follows: a. adding to the gross income of the parent any Social Security benefit paid to…
43 O.S. § 118B Computation of gross income - Imputed income - Self-
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employment income - Fringe benefits - Social Security Title II benefits. A. As used in Section 118 et seq. of this title: 1. "Gross income" includes earned and passive income from any source, except as excluded in this section; 2. "Earned income" is defined as income received fro…
43 O.S. § 118C Deductions from gross income for qualified other
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children. A. Deductions for other children of either parent who are qualified under this section may be considered by the court for the purpose of reducing the gross income of the parent. Adjustments are available for a child: 1. Who is the biological, legal, or adopted child of …
43 O.S. § 118D Computation of child support as percentage of parents'
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combined gross income - Prospective adjustment - Transportation expenses - Support order summary form. A. All child support shall be computed as a percentage of the combined gross income of both parents. The Child Support Guideline Schedule as provided in Section 119 of Title 43 …
43 O.S. § 118E Parenting time adjustment - Reduction in child support
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obligation. A. Parenting time adjustment. 1. The adjustment may be granted based upon a court order or agreement that the noncustodial parent is granted at least one hundred twenty-one (121) overnights of parenting time per twelve- month period with the children in the case under…
43 O.S. § 118F Medical support order for health care coverage
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A. The court shall enter a medical support order for health care coverage in any case in which an ongoing child support order is entered or modified. Medical support, for the purpose of this section, is defined as health care coverage, cash medical support, or a combination of bo…
43 O.S. § 118G Actual annualized child care expenses
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A. The district or administrative court shall determine the actual annualized child care expenses reasonably necessary to enable either or both parents to: 1. Be employed; 2. Seek employment; or 3. Attend school or training to enhance employment income. B. When a parent is partic…
43 O.S. § 118H Deviation from guidelines child support amount
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A. No deviation in the amount of the child support obligation shall be made which seriously impairs the ability of the obligee in the case under consideration to maintain minimally adequate housing, food, and clothing for the children being supported by the order or to provide ot…
43 O.S. § 118I Modification of child support orders
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A. 1. Child support orders may be modified upon a material change in circumstances which includes, but is not limited to, an increase or decrease in the needs of the child, an increase or decrease in the income of the parents, incarceration of a parent for a time period of more t…
43 O.S. § 119 Computation of child support obligations
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A. Child support shall be computed in accordance with the following Child Support Guideline Schedule: SCHEDULE OF BASIC CHILD SUPPORT OBLIGATIONS If Combined Gross Monthly Income is Total Support Amount equal to One Two Three Four Five Six Children or above Child Children Childre…
43 O.S. § 119.1 Legislative review of child support guidelines and
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schedule of basic child support obligations. A. The child support guidelines and schedule of basic child support obligations shall be reviewed at least once every four (4) years by the Judiciary Committees of the Senate and the House of Representatives to ensure that their applic…
43 O.S. § 120 Child support forms
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A. A child support computation form shall be signed by the judge and incorporated as a part of all orders which establish or modify a child support obligation. B. 1. When services are not being provided under the Department of Human Services State IV-D plan pursuant to Section 23…
43 O.S. § 120.1 Short title
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Sections 120.1 through 120.5 of this title shall be known and may be cited as the “Parenting Coordinator Act”. Added by Laws 2001, c. 407, § 8, eff. July 1, 2001. Amended by Laws 2003, c. 302, § 5, emerg. eff. May 28, 2003.
43 O.S. § 120.2 Definitions
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As used in the Parenting Coordinator Act: 1. “Parenting coordinator” means an impartial third party qualified pursuant to subsection A of Section 120.6 of this title appointed by the court to assist parties in resolving issues and deciding disputed issues pursuant to the provisio…
43 O.S. § 120.3 Appointment of parenting coordinator – Party agreement –
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Authority - Meetings - Parental rights - Removal. A. In any action for dissolution of marriage, legal separation, paternity, or guardianship where minor children are involved, the court may, upon its own motion, or by motion or agreement of the parties, appoint a parenting coordi…
43 O.S. § 120.4 Report of decision
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A. A report of the decisions and recommendations made by the parenting coordinator shall be filed with the court within twenty (20) days, with copies of the report provided to the parties or their counsel. There shall be no ex parte communication with the court. B. Any decisions …
43 O.S. § 120.5 Fees - Appointment
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A. 1. No parenting coordinator shall be appointed unless the court finds that the parties have the means to pay the fees of the parenting coordinator. 2. This state shall assume no financial responsibility for payment of fees to the parenting coordinator; except that, in cases of…
43 O.S. § 120.6 Qualifications
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A. Each judicial district shall adopt local rules governing the qualifications of a parenting coordinator; provided, however, the qualifications adopted shall not exceed the qualifications established in subsection B of this section. B. To be qualified as a parenting coordinator,…
43 O.S. § 120.7 Court expert - Procedures
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A. As used in this section, "court expert" means a parenting coordinator, guardian ad litem, custody evaluator or any other person appointed by the court in a custody or visitation proceeding involving children. B. Before the court appoints an individual as a court expert, the fo…
43 O.S. § 121 Restoration of maiden or former name - Alimony - Division
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of property. A. When a dissolution of marriage is granted, the decree shall restore: 1. To the wife her maiden or former name, if her name was changed as a result of the marriage and if she so desires; 2. To the husband his former name, if his name was changed as a result of the …
43 O.S. § 122 Effect of divorce
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A divorce granted at the instance of one party shall operate as a dissolution of the marriage contract as to both, and shall be a bar to any claim of either party in or to the property of the other, except in cases where actual fraud shall have been committed by or on behalf of t…
43 O.S. § 123 Remarriage and cohabitation - Appeal from judgment
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It shall be unlawful for either party to an action for divorce whose former husband or wife is living to marry in this state a person other than the divorced spouse within six (6) months from date of decree of divorce granted in this state, or to cohabit with such other person in…
43 O.S. § 124 Bigamy a felony
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Every person convicted of bigamy as such offense is defined in Section 123 of this title shall be guilty of a felony and shall be punished by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than three (3) years. R.L. 1910, § 4972. Renumber…
43 O.S. § 125 Validation of decrees annulling marriage or granting
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divorce. A judgment or decree, heretofore rendered by a court having jurisdiction of the parties, annulling a marriage and/or granting a divorce, on the grounds that one of the parties had been previously married and divorced and said divorce decree had not become final, is hereb…
43 O.S. § 126 Remarriage within six months as ground for annulment
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A marriage wherein one of the parties had not been divorced for six (6) months shall hereafter in this state be ground for annullment of marriage by either party. Laws 1937, p. 9, § 2. Renumbered from Title 12, § 1281b by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.
43 O.S. § 127 Time when judgments in divorce actions become final -
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Effect of appeal. Every decree of divorce shall recite the day and date when the judgment was rendered. If an appeal be taken from a judgment granting or denying a divorce, that part of the judgment does not become final and take effect until the appeal is determined. If an appea…
43 O.S. § 128 Avoidance of marriage of incompetents
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When either of the parties to a marriage shall be incapable, from want of age or understanding, of contracting such marriage, the same may be declared void by the district court, in an action brought by the incapable party or by the parent or guardian of such party; but the child…
43 O.S. § 129 Alimony without divorce
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The wife or husband may obtain alimony from the other without a divorce, in an action brought for that purpose in the district court, for any of the causes for which a divorce may be granted. Either may make the same defense to such action as he might to an action for divorce, an…
43 O.S. § 130 Evidence
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Upon the trial of an action for a divorce, or for alimony the court may admit proof of the admissions of the parties to be received in evidence, carefully excluding such as shall appear to have been obtained by connivance, fraud, coercion or other improper means. Proof of cohabit…
43 O.S. § 131 Residency in divorce cases
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A married person who meets the residence requirements prescribed by law for bringing a divorce action in this state may seek a divorce in this state, though the other spouse resides elsewhere. R.L.1910, § 4977. Amended by Laws 1975, c. 36, § 1. Renumbered from Title 12, § 1286 by…
43 O.S. § 132 Parties may testify
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In any action for divorce hereafter tried, the parties thereto, or either of them, shall be competent to testify in like manner, respecting any fact necessary or proper to be proven, as parties to other civil actions are allowed to testify. R.L.1910, § 4978.³Renumbered from Title…
43 O.S. § 133 Setting aside of divorce decrees upon petition of parties
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When a decree of divorce has been issued by a district or superior court, said court is hereby authorized to dissolve said decree at any future time, in or out of the term wherein the decree was granted, provided that both parties to the divorce action file a petition, signed by …
43 O.S. § 134 Alimony payments - Designation of support and property
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payments - Termination of support - Cohabitation by former spouse - Modification of support - Active military pay - Disposable retired or retainer military pay. A. In any dissolution of marriage decree which provides for periodic alimony payments, the court shall plainly state, a…
43 O.S. § 135 Lien for arrearage in child support payments
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A. An arrearage in payment of child support reduced to an order of the court or administrative order of the Department of Human Services or any past due payment or installment of child support that is a judgment and lien by operation of law may be a lien against the real and pers…
43 O.S. § 136 Mailing of alimony and support payments - Evidence of
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support payments - Income assignment fee. A. If a judicial order, judgment or decree directs that the payment of child support, alimony, temporary support or any similar type of payment be made through the office of the court clerk, then it shall be the duty of the court to trans…
43 O.S. § 137 Past due payments operate as judgments – Cessation of lien
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after period of years – Duration of arrearage payment. A. Any payment or installment of child support ordered pursuant to any order, judgment, or decree of the district court or administrative order of the Department of Human Services is, on and after the date it becomes past due…
43 O.S. § 138 Recording of costs in child support enforcement cases -
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Assessment against nonprevailing party. Costs incurred in a child support enforcement case in which a party is represented by an office operated by or for the benefit of the Oklahoma Department of Human Services shall be recorded by the court clerk. The reasonable costs may be as…
43 O.S. § 139 Legal right to child support
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The Legislature finds and declares that child support is a basic legal right of the state's parents and children, that mothers and fathers have a legal obligation to provide financial support for their children and that child support payments can have a substantial impact on chil…
43 O.S. § 139.1 Revocation, suspension, nonissuance, or nonrenewal of
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license or placement of obligor on probation as remedy for noncompliance with support order. A. As used in this section and Section 6-201.1 of Title 47 of the Oklahoma Statutes: 1. "Licensing board" means any bureau, department, division, board, agency or commission of this state…
43 O.S. § 14 Penalty for performing unlawful marriage
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Any minister of the Gospel, or other person authorized to solemnize the rites of matrimony within this state, who shall knowingly solemnize the rites of matrimony between persons prohibited by this chapter, from intermarrying shall be deemed guilty of a Class D1 felony offense, a…
43 O.S. § 140 Problem-solving court program - Participation by obligors
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of state child support plan. A. In cases in which child support services under the state child support plan as provided in Section 237 of Title 56 of the Oklahoma Statutes are being provided for the benefit of the child, the administrative or district court may order the obligor …
43 O.S. § 15 Miscellaneous offenses - Penalties
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Any judge of the district court, or clerk of the district court, knowingly issuing any marriage license, or concealing any record thereof, contrary to the provisions of this chapter, or any person knowingly performing or solemnizing the marriage ceremony contrary to any of the pr…
43 O.S. § 150 Deployed Parents Custody and Visitation Act
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Sections 3 through 13 of this act shall be known and may be cited as the “Deployed Parents Custody and Visitation Act”. Added by Laws 2011, c. 354, § 3, emerg. eff. May 26, 2011.
43 O.S. § 150.1 Definitions
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As used in the Deployed Parents Custody and Visitation Act: 1. "Civilian personnel" means direct-hire, permanent civilian employees of the Department of Defense; 2. "Close and substantial relationship" means a relationship in which a bond has been forged between the child and the…
43 O.S. § 150.10 Bad faith - Penalties
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If the court finds that a party to a proceeding under the Deployed Parents Custody and Visitation Act has acted in bad faith or otherwise deliberately failed to comply with the terms of the Deployed Parents Custody and Visitation Act or a court order issued under the Deployed Par…
43 O.S. § 150.2 Custodial responsibility – Jurisdiction - Residency
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A court of this state may enter an order regarding custodial responsibility pursuant to the Deployed Parents Custody and Visitation Act only where the court has jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Sections 551-101 through …
43 O.S. § 150.3 Deployed parent - Exercise of visiting rights by third
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party. A. In order to ensure an ongoing relationship with the child while deployed, pursuant to the Deployed Parents Custody and Visitation Act, upon application to the court by the deploying parent, the court shall designate a family member or another person with a close and sub…