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Questions Answered by Hans Otto Lehr
1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: In OK (Tulsa County), can I have all open Family Court cases, consolidated into one case, under one judge?

DHS is involved because I receive aid from the state to offset daycare costs

Hans Otto Lehr
Hans Otto Lehr answered on Sep 23, 2019

There are some actions you can consolidate if the parties to the action are the same, the claims arise substantially out of the same events/circumstances, and the statutes allow for it. You should get a lawyer to aid you in this process. Contact a licensed family law attorney in Oklahoma for help.

1 Answer | Asked in Child Support and Civil Litigation for Oklahoma on
Q: I owe $20,000 in child support but if I won 50K in civil court against them for a separate matter, who owe who?

I owe roughly 20,000 in back child support but recently something has happened to where I could take her to civil court but she already owes in small claims court and has nothing to take and no job to garnish. So If I got a judgement of 50K or more would I still owe her that child support.

Hans Otto Lehr
Hans Otto Lehr answered on Sep 23, 2019

Yes, you would still owe child support. The two (2) judgments/awards have nothing to do with each other. You'll need to still pay the $20,000, and then collect separately your $50,000. You should get a lawyer to aid you in this process. Contact a licensed attorney in Oklahoma for help.

1 Answer | Asked in Child Support for Oklahoma on
Q: Me and my spouse are separated but still married.

The amount of time we each watch our child is even. There is no court order for any of us to pay child support. Are any of us legally obligated to pay child support?

Hans Otto Lehr
Hans Otto Lehr answered on Sep 23, 2019

Absent a Court Order, or Order from Oklahoma DHS-CSS, there is no legal obligation for anyone to pay anyone else child support. However, if a divorce is imminent, in some cases, there may be Ordered child support back to the date of separation.

1 Answer | Asked in Divorce for Oklahoma on
Q: How do I type up an answer to an Oklahoma divorce petition?

I don't have a lawyer I'm waiting on legal aid to review my case and I only have a week left to answer I'm out of time.i need to know how to type my own answer and file it.

Hans Otto Lehr
Hans Otto Lehr answered on Sep 23, 2019

That is not really something that I can answer for you with this limited information. An attorney needs to review the Petition, and craft an Answer accordingly. If legal aid cannot assist you, you should get a lawyer to aid you in this process. Contact a licensed family law attorney in Oklahoma... Read more »

1 Answer | Asked in Child Support and Divorce for Oklahoma on
Q: Does the husband need to start paying child support before the wife even files for divorce? Will there be back support?

Wife commits adultery and moves out. She lives off student loans finishing College May of 2020 when she will start working for 70k a year. Has not filed for divorce yet. Only a verbal agreement with husband on custody and child support. She made him start paying child support immediately to her the... Read more »

Hans Otto Lehr
Hans Otto Lehr answered on Sep 23, 2019

If you want to insure that you'll receive child support, you need to make sure that you get a divorce petition on file as soon as possible. You should get a lawyer to aid you in this process. Contact a licensed family law attorney in Oklahoma for help.

1 Answer | Asked in Domestic Violence and Child Custody for Oklahoma on
Q: With no evidence of abuse and claiming to sit down in front of lawyers to redo a court order, can this article be used?

Plaintiff wants to sit down and talk to lawyers instead of going back to court but using this article to prevent pick up from defendant. Can it be legally used even with no evidence of abuse?

Hans Otto Lehr
Hans Otto Lehr answered on Sep 19, 2019

I'm not sure what article you're referring to or what Court Order is being "re-done" based upon the information you provided. It is hard to answer your question specifically with this info. However, I would always suggest that you never agree to anything, or sign anything without have a lawyer... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: My 16 year old grandson wants to move in with his grandparents. His dad has temp custody. Can he leave if he wants

His dad lied in court about things that were not going on with there mom. Both kids want to go home. Can the boy leave, he is 16

Hans Otto Lehr
Hans Otto Lehr answered on Sep 19, 2019

As the child's legal custodian, the father is charged with his/their well-being. As such, he can decide (mostly) where the child stays and when the child stays there. Unless someone can show to the Court that the child is in danger, or where the child is staying is not in the child's best... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: How do I legally approximate a marriage?

My partner and I do not want to get married, but do want to ensure that we are each other's beneficiary, etc. We already have joint bank accounts, and plan to file Powers of Attorney. However I'm wondering if there are other rights and privileges spouses have which could be simulated through legal... Read more »

Hans Otto Lehr
Hans Otto Lehr answered on Sep 19, 2019

There are other rights and benefits that a spouse receives upon the death of the other, i.e. possession of real property, life insurance, retirement plans. There are also, potentially, health care decisions that could be made by a spouse. There are mechanisms that can be put in place to insure... Read more »

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Oklahoma on
Q: Can I file kidnapping charges on my ex wife, if she takes my kids away somewhere, so that I cant have them on my days?
Hans Otto Lehr
Hans Otto Lehr answered on Sep 19, 2019

If your wife takes the kids away and denies you your visitation, and you have a Court Order in place that memorializes your visitation schedule, you can apply to the Court to have her held in contempt of that Court Order. If she is found guilty of contempt, the Judge may impose fines that could... Read more »

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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: My husband is harboring our belongings after we discussed getting a divorce.

My husband and I were recently moving into a new household. We ended up deciding to get a divorce in 6 months, and im currently staying at a hotel until im able to fly back to the state i used to live. My husband is threatening to trash or sell our belongings that are held in storage, and... Read more »

Hans Otto Lehr
Hans Otto Lehr answered on Sep 5, 2019

At this point in time, your best play is to get a divorce on file ASAP. If you do that, you can ask the Judge to make specific Orders regarding your property and insure he doesn't hide, destroy, or otherwise get rid of your property. I'd recommend you contact a family law attorney licensed in... Read more »

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Is it possible, without seeing a judge to live with my mom (who doesnt have custody) rather than my alcoholic dad.
Hans Otto Lehr
Hans Otto Lehr answered on Aug 6, 2019

It is possible if your Dad agrees to let you live with your Mom. However, if you Dad has custody and does not agree, your Mom is going to have seek a change of custody and that will require Court intervention. If your Mom is serious about doing that, she will need to seek the advise of a family... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: My 12 y/o step daughter type 1 diabetic. She stated numerous times her mother does not check her work. What can we do?

Her blood sugar bottoms out a lot, the sky rockets to the 3-400' s. We her dad and I have her on school breaks we keep it under control with diet. She was diagnosed in September 2015 and still don't have a lot of knowledge about it. She has told us that the her mother told her not to listen to the... Read more »

Hans Otto Lehr
Hans Otto Lehr answered on Aug 6, 2019

You may have a case for a custody modification. It sounds like the best interest of the child is going to be in your care and custody if her Mom is truly not making any efforts to control her diabetes. Also, any Judge would likely agree that it is dangerous to not listen to medical... Read more »

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: My child’s father lives in NYC and I live here. We agreed $650 a month since birth but now that I filed its $290?

This can’t be right. What can I do?

Hans Otto Lehr
Hans Otto Lehr answered on Aug 2, 2019

There are many reasons why the child support amount can change. There may have been a change in income for one or both of you, the obligor may have additional child support obligations out there and/or the obligor may be receiving some other credit which reduces his or her amount owed. There is... Read more »

1 Answer | Asked in Divorce and Child Support for Oklahoma on
Q: My ex and I are still married and have not been together for 3 years he is just at resident here in the US...

I put child support on him 4 months ago and have not gotten anything... I also need help with a divorce.I am a single mom and i don't have the money to get one....

Hans Otto Lehr
Hans Otto Lehr answered on Jul 31, 2019

You may be able to handle your child support action on your own through DHS' Child Support Services office. Most folks go through their process for child support enforcement without the assistance of an attorney.

However, I would always recommend the assistance of an attorney when...
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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: Custody case and appointed guardian case need a lawyer and I think I am not getting treated right and unfair in Cherokee

Its alot of different stuff even the judge is being unfair and I feel like my lawyer I paid is not doing anything these people got my kids and I have done everything my kids are not good there can someone please get ahold of me I really need help

Hans Otto Lehr
Hans Otto Lehr answered on Jul 31, 2019

I would encourage you to speak with your lawyer directly first. See if you and your lawyer can come to some understanding regarding expectations, whether those expectations are reasonable, and what it will take to meet or exceed those expectations. It is not always a good idea to change horses... Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Domestic Violence for Oklahoma on
Q: Hello my name is Ashlie , I am in need of an attorney, how do I file harassment by other parent in my case

I am I a custody case with absentee father. He wants joint custody now he was going to be forced to pay child support. He never had asked for her snf or bought anything. He currently I'd threatening me, calling g all state agencies trying to hinder me in any way he can. What can I do?

Hans Otto Lehr
Hans Otto Lehr answered on Jul 31, 2019

What you need to do depends on the type and level of harassment and threats. They may rise to the level of needing an Order of Protection against him. If nothing else, the evidence of harassment and threats may be used in your custody case against him; it doesn't sound like joint custody is going... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: How to terminate a domestic relationship in Oklahoma
Hans Otto Lehr
Hans Otto Lehr answered on Jul 31, 2019

The answer to your questions depends on the type of domestic relationship, marriage, common-law marriage, etc. All types of domestic relationships can be terminated one way or the other, but the methods needed can vary depending on the factors involved. Contact an attorney licensed to practice... Read more »

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How do I subpoena someone to trial? I am representing myself.
Hans Otto Lehr
Hans Otto Lehr answered on Jul 22, 2019

Head to the Court Clerk's office in whatever County your trial is in and ask the clerk at the "Family" desk (assuming they have one in your County) for a subpoena. They should have a form that you can fill out by hand.

1 Answer | Asked in Family Law for Oklahoma on
Q: I got a letter from CSS looking for my sons father. I have never applied for CS why did I get this?

He has gotten soonercare for three years. Each year I check no on starting a child support case when applying. I got a letter in the mail trying to locate the father of my child from child support services. I’m unsure as to why I would get something like this? I will call them of course but it is... Read more »

Hans Otto Lehr
Hans Otto Lehr answered on Jul 15, 2019

CSS can, and frequently does, initiate child support cases on there own, even when neither parent requests the commencement of an action. Since child support is technically something the child is entitled to, and not you, CSS will enforce collection on the child's behalf with or without your... Read more »

4 Answers | Asked in Criminal Law, Family Law, Traffic Tickets and Child Support for Oklahoma on
Q: What can I do if I can't need an attorney but I lost my job/home I have criminal,family,traffic cases

I am homeless and jobless after a bad divorce and many alcohol and drug addiction problems. I need to find an attorney to help with the mountain of legal problems I have but have no way to pay for a good attorney and I don't know what to do because the longer I put these problems off the worse they... Read more »

Hans Otto Lehr
Hans Otto Lehr answered on Jul 15, 2019

You may want to check into Legal Aid. They can occasionally help people in your situation.

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