Wirth Law Group represented a local artist who made allegations towards a Tulsa Mayoral candidate. Multiple television stations showed up to explain what happened. The woman is asking police to investigate this matter.
Wirth Law Attorney Represents Artist in #MeToo Allegations Against Tulsa Mayoral Candidate Read Post »
The Oklahoma Parenting Coordinator Act does specify in it a general default on who pays the parenting coordinator, and that is a split by the child support guidelines. So, essentially, the cost is split pro-rata based on the party’s income, just like child support is determined. So if one party makes 75% of their total combined income, the other party makes 25, then that party that makes 75% is going to be paying for 75% of the parenting coordinator fee.
Who Pays for a Parenting Coordinator in an Oklahoma Family Law Case? Read Post »
If both parties are in agreement for the appointment, then the court can go along with that. However, if one party is in disagreement, there’s certain standards that have to be met. Either party can make the request for the court appointed parenting coordinator, or the judge can sua sponte. Meaning on the court’s own motion, make the request for a parenting coordinator.
What is a Parenting Coordinator in Oklahoma? Read Post »
The Parenting Coordinator Act that allows the appointment of a parenting coordinator in certain custody and family law cases. It’s generally a good idea to get one appointed if you can, because what are the main complaints that people say about the family law courts in Oklahoma and elsewhere? Takes too long and it’s too expensive. Well, for many issues, having a parenting coordinator involved can help get around those issues because it can be a cheaper way to get resolution on small issues and it’s definitely a faster way to get resolution on small issues.
The Most Underutilized Tool to Save Time & Money in Your Oklahoma Custody Case Read Post »
If you have any felonies on your record or if you have any pending cases, this is not going to be applicable to you. You want to look for a different video. So, there’s multiple grounds to get a misdemeanor expunged. Expungement law in Oklahoma is relatively simple. Most of it is all included within one statute.
Do You Qualify for Misdemeanor Expungement in Oklahoma? Find Out Here! Read Post »
If you’ve got multiple convictions that are related to the same conduct at the same time, those may under the law count as one conviction. Talk to an attorney about that if you fall under those circumstances. If those cases we’re talking about are based on a deferred sentence, deferred sentence is not a conviction unless it’s accelerated to a conviction. If it’s a dismissed charge, you get charges filed against but they’re dismissed, not a conviction, doesn’t count here.
Is Your Oklahoma Felony Conviction Eligible for Expungement? Read Post »
‘m Tulsa attorney James Wirth, and I’m about to explain the 991(c) expungement. That’s the deferred sentence expungement. When you go to court and a plea deal is worked out, there’s many different types of sentences that can occur. One is a deferred sentence. What happens when you enter into a deferred sentence is that although you plead guilty or no contest, the judge withholds a finding of guilt. Then passes the case to have sentencing at a later date. During that period of time in between, which is up to a maximum of seven years, you’re on probation. The court can pass that based on whatever the plea agreement is for one year, two years, 18 months, however long that is.
Deferred Sentence Expungement in Oklahoma (991c). Are you Eligible? Read Post »
A couple of years ago in Oklahoma, we had state question 780, and that, when it passed and became law, re-classified many crimes that were previously felonies as misdemeanors. But we still had a lot of people out there that were previously convicted of those crimes that have felony convictions. So it came later; House Bill 1269 allowed some relief to some of those people. So first off, let’s talk about 780 and what it did. So one of the biggest things it did is that it changed possession of CDs, that’s a controlled and dangerous substance, essentially illegal narcotics, it changed all of those that were felonies to misdemeanors.
State Question 780 & House Bill 1269 Expungements in Oklahoma. Who Qualifies? Read Post »
If you’re charged with a felony, you go to trial and ultimately you’re found not guilty, at that point, that triggers the statute. You’re eligible to get it expunged, you can file a section 18 complete expungement, that expunges both the arrest record and the court case. Under Oklahoma law, once you have a section 18 expungement by the law, those events never occurred. So the next situation we’re talking about, is if it’s overturned on appeal. So if you’re convicted at trial on a felony, and then it goes up on appeal and then it’s reversed, and the conviction goes away at that point based on it being reversed and overturned, then you’re eligible under the statute to get a complete expungement. Next opportunity for that, if you’ve got a felony charges that were dismissed is under subsection three, and that deals with no … Well, I should say this is a little bit different. Charges are not filed under these circumstances. So this is if you’re arrested.
Expungement of Dismissed Felony Charges in Oklahoma. Who Qualifies? Read Post »
The first thing you need to know, something that a lot of people don’t know is that when you successfully complete your probation on a deferred sentence and go back before the court, and the court finds you successfully completed, and the court allows you to withdraw your plea of guilty and the court dismisses the case and expunges it, that that expungement actually only expunges the court case, does not expunge your arrest record.
How to Get Complete Expungement after a Deferred Sentence in Oklahoma? Read Post »
Oklahoma does have a special type of parole for those that are having health conditions. And essentially it is eligible to people who are deemed no threat or no longer a threat to public safety or are dying or near dying. But the process to get such a parole is pretty convoluted and there are some exclusions. So the first exclusion is statutory.
What is Medical Parole (Compassionate Release) in Oklahoma? Read Post »
To qualify for being considered for advanced age release, you must have served at least 10 years of your sentence and be at least 60 years old, or served, if you haven’t served 10 years of sentence, served at least one third the length of your sentence. Under those two requirements, if you meet that and your offense is not certain violent offenses or sex offenses, then you could be eligible for advanced age release. When you want to request that, you can file a motion, it’s automatically put on the next available pardon and parole board hearing.
Advanced Age Parole: Who Qualifies Under Oklahoma Law? Read Post »
This is governed by two different laws. We’ve got federal law at play and we’ve got state law at play. Federal law at a 42 USC 652, deals with a system and creates a system to help states enforce child support obligations by allowing them to put a hold or revoke somebody’s passport to prevent their international travel or to prevent them from fleeing.
How to Deal with a Passport Hold from Past Due Child Support in Oklahoma Read Post »
In Oklahoma, there’s a lot of different ways to enforce child support. You can do a contempt, you can take a driver’s license, you could put a hold on a passport, you can take some garnish a bank account, you can take money from a tax return, a lot of different things you can do. But one of the best ways, if you’ve got a parent or other person that owes you child support that is working where their payroll and goes through, whether it’s in Oklahoma or whether it’s working in another state, that’s the best way to enforce child support at least initially.
How to Enforce Oklahoma Child Support Through Garnishment Read Post »
There’s a lot of different ways that you can collect child support in Oklahoma and some are better in different circumstances. So if you’ve got somebody that’s working at a job and going through payroll, first thing you probably want to do is get an income assignment, garnish that.
Enforcing Child Support Through Contempt of Court in Oklahoma Read Post »
If there’s an arrearage of at least $150 and TANF is involved, or at least $500 in arrearages on child support, and it’s a SoonerCare case, then DHS can make the request to the federal government to withhold somebody’s tax return and send it to you.
Can You Enforce Oklahoma Child Support Through Tax Refund Intercept? Read Post »
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.
License Revoked for Non-Payment of Child Support? Here's What to Do. Read Post »
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 Professional License Read Post »
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.
Enforcing Child Support in Oklahoma Through Loss of Driver's License Read Post »
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 Enforce Child Support in Oklahoma through a Passport Hold Read Post »
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.
How to Get a Modification Through your Ex's Tax Return and Paystubs Every Year Read Post »
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.
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.
One Thing to Check on Your Phone when Starting a Family Law Case Read Post »
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.
What Can Grandparent Do about Domestic Violence? Domestic Violence Pt 5 Read Post »
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.
Entering a Plea: Step 10 in an Oklahoma Misdemeanor Case Read Post »
