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Questions Answered by Brian Boeheim
1 Answer | Asked in Divorce for Oklahoma on
Q: Can spouse (that been separated) add me on credit card without my authorization after been removed?

In May when I called this credit card company they said I was not on account they could not talk to me and would be off my credit and now 4 months later I'm on the magically on the account. Been spareted since Oct. 2016. Filed for divorce in Feb. 2016.

Brian Boeheim
Brian Boeheim
answered on Sep 23, 2020

If you filed for divorce in 2016, my first question is why hasn't that been finalized? Nothing should take that long unless you have been trying to reconcile. Next, with the divorce petition you both should have signed an ATI (automatic temporary injunction), which in simple terms freezes... View More

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My wife has given me permission to sleep with other people. Is this still an affair to the courts in Oklahoma?

We are living at different homes and she explicitly said I could sleep with other people, which is saved in a text message. Is it possible for her to attempt saying I cheated on her despite having her permission?

Brian Boeheim
Brian Boeheim
answered on Sep 23, 2020

I agree with Pete, and would add that there is a criminal statute for infidelity, but it is not enforced anywhere in the State of Oklahoma that I have ever heard.

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2 Answers | Asked in Divorce for Oklahoma on
Q: I need to know if it is legal to sell property that is part of marital assets during a divorce proceeding in Oklahoma
Brian Boeheim
Brian Boeheim
answered on Sep 23, 2020

I would agree with Charles. I have a case like this right now where the house has been sold and the profit is being held by one of the attorneys in an escrow account to be distributed after mediation.

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1 Answer | Asked in Child Support for Oklahoma on
Q: Does OK factor in the number of children in the order or is the payment amount solely based on income of both parties.

My son turned 18 in Jan, and graduated HS in May. I am still receiving the full amount that I've been receiving. I also have a 16 yr old. I was given 2 different responses from 2 different employees at CS enforcement. The NCP was told he could potentially pay more for 1 child than he pays for... View More

Brian Boeheim
Brian Boeheim
answered on Sep 17, 2020

My interpretation of the case law is as follows:

The child support order is not for two individual children, but instead is for support of all children. Therefore, just because one of the children reaches the age of majority (18 years of age and graduated from high school) it does not...
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1 Answer | Asked in Criminal Law and Child Custody for Oklahoma on
Q: Can my 13 year old son refuse weekend visits to his fathers house if he has testified about abuse from his dad?

My son testified that his dad recently held his head under faucet of water as a disciplinary method.

Brian Boeheim
Brian Boeheim
answered on Sep 17, 2020

When you say testified, do you mean in court under oath? If that is the case, then I would question why the father still has unsupervised visitation? If you came to me with that claim, I would probably start by calling his attorney and try to get an agreement to adjust the visitation temporarily... View More

1 Answer | Asked in Child Support for Oklahoma on
Q: I was getting to $230month for my child support then it went down to $50 and now I get $15 a month for my child support

I was not informed by any courts or the co-parent of any changes to my payments I'm supposed to receive nor do I know how much am I supposed to be getting all together

Brian Boeheim
Brian Boeheim
answered on Sep 6, 2020

You need to get a good attorney to look into this. Child Support should not change unless it is ordered by the court.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: As a victim in a domestic violence case, can I be punished for refusing to appear or testify in court?

I do not want to testify or help aide in the conviction of my intimate partner in an ongoing domestic violence case. If I’m subpoenaed and I refuse to show up to court and testify what legal action and punishment could I face?

Brian Boeheim
Brian Boeheim
answered on Sep 6, 2020

If you are subpoena'ed you should show up at court. The subpoena literally is a court order for you to show up. Now whether you have to testify is another thing altogether. There is a statute in Oklahoma that prevents the DA's office from prosecuting a victim. So, they cannot... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can my mother press charges on someone who used her car ran from police and broke her TRANSMISSION.

My mother got her car from impound and the transmission casing is busted up.

Now she has no car and no more cash the person is in jail on warrants but she broke my mom's car.

Can she file charges against her for breaking the car?

Brian Boeheim
Brian Boeheim
answered on Sep 3, 2020

Have your mother call the DA's office int he county where her car was stolen and the suspect is in jail. Tell them how much it would cost to fix, or what the vehicle was worth before the transmission was destroyed. The DA's office should include in their charges restitution, which they... View More

2 Answers | Asked in Divorce for Oklahoma on
Q: In Oklahoma do we have to go through marital counseling before the divorce is finalized
Brian Boeheim
Brian Boeheim
answered on Aug 23, 2020

For a divorce without children there is no counseling required. if you have children then there are two classes that you must take. Currently, due to COVID they are on-line and not in person.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a case be dismissed if they change the dates on a Discovery?
Brian Boeheim
Brian Boeheim
answered on Aug 20, 2020

A case may be dismissed for many reasons. If your attorney filed or orally argued a motion to suppress the evidence under Brady or Kyles, or if the change makes it such that the witnesses will be easily impeached at preliminary hearing or trial, then the DA may choose to dismiss instead of facing... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I am in Oklahoma and used my elderly mother's debit card unauthorized.

I charged several times on it for my own needs. Can I repay her the amount I charged before legal case happens?

Brian Boeheim
Brian Boeheim
answered on Aug 16, 2020

The right thing to do is to repay her. This will not guarantee that you won't be charged, but she would have to testify that she did not give you permission to use her credit. I would think it is unlikely she would want to testify against you, if you made things right. Depending on the... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: How do you obtain the discovery packet without a attorney

My fiancé is wanting me to find out how to obtain a copy of his discovery packet he has no attorney Would this be something that I could do for him and if so what steps do I take and who do I contact if not then who would he need to contact

Brian Boeheim
Brian Boeheim
answered on Aug 13, 2020

If he has been designated but he court as acting pro se, then all he needs to do is request it from he DA's office. There may be a nominal charge. If he is in custody, then he should have had a Public Defender appointed to defend him on his charges, and the Public Defender should provide him... View More

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2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: If someone us currently fighting a possession of marijuana with intent and child neglect charge what do they do

This person is Cherokee indian abd was arrested on cherokee land but not by tribal police....he also has his medical marijuana license

Brian Boeheim
Brian Boeheim
answered on Aug 5, 2020

I agree with David. You need to focus first on the criminal charge. That charge can take away your liberty and your children all at once. I assume the child neglect probably stems from the Possession of MJ with intent to distribute. You need to hire someone who understands the how to defend... View More

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: How can an individual be charged with 3 counts of the same crime?

Three individuals got arrested together. All three received the same charge of 3 counts of 2nd degree burglary.

Brian Boeheim
Brian Boeheim
answered on Aug 5, 2020

The question is whether the individuals entered three different dwellings or the same dwelling on three separate occasions. As Tracy said, you need to hire a good criminal defense attorney who will get your discovery (the evidence they have against you) and fight to make sure you are being charged... View More

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2 Answers | Asked in Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: I have a few felonies I discharged from years ago in Tulsa. Being Creek Indian can I get those thrown out now?

The Mcgirt case already caused the State to recall a felony warrant they had on me. Since they lacked jurisdiction on the other felonies I had that I discharged over 15yrs ago does that mean I can hire a lawyer to file the paperwork to get those felonies taken off my record and essentially not be a... View More

Brian Boeheim
Brian Boeheim
answered on Aug 5, 2020

The real key is how long ago the alleged crime occurred. The Statute of Limitation for most State charges is 3 years and the Statute of Limitations on most Federal cases is 5 years. If you are outside those windows, then by all means you should have an attorney look into filing a McGirt/Murphy... View More

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1 Answer | Asked in Child Custody, Criminal Law and Family Law for Oklahoma on
Q: How likely would someone in OK with a pending resisting/public intox charge be taken off monitored child visitations?

My ex and I entered into a temporary visitation agreement. He has is currently supposed to be monitored by his mother to see the kids, but is asking to have the monitored visits lifted. He and his live in girlfriend both were recently arrested for public intox and he was arrested for resisting... View More

Brian Boeheim
Brian Boeheim
answered on Aug 2, 2020

The public intoxication charge is the real issue. It shows that he is not capable of controlling his addiction. Having him kept on monitored visitation seems reasonable. I would even suggest supervised visitation might be in order. I think an example of greater self control would be needed... View More

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My wife and I split up after i caught her cheating. If I take her to Court to help pay our kids bills could i lose kid?

After I caught my wife cheating we felt it best she move, we split custody 50/50 haven't gotten a "proper" divorce decree, she did not want to take that route. I have always paid 100% of the child care and my daughters insurance on top 100% of our mortgage and home ins. (etc),... View More

Brian Boeheim
Brian Boeheim
answered on Jul 31, 2020

It is a complex question with a complex answer. It appears as if you have financially supported everyone for a period of time. It also appears that you wife no longer needs you complete financial support. Need is a primary issue when looking at spousal support. Regarding the child support; it... View More

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1 Answer | Asked in Child Support for Oklahoma on
Q: I have sole custody, can my ex decide he & his mom are going to watch the kids while I work to save on childcare costs?

My ex husband has informed me that he cannot afford to pay his portion for after school care so he or his mom will be picking up the kids from school and watching them. In our decree he only has visitation 2 days a week after school and he has to pay 60% of childcare costs. He said because there... View More

Brian Boeheim
Brian Boeheim
answered on Jul 31, 2020

This is a simple and complex answer at the same time. The court order is what must be enforced. If you are the sole legal custodian, then what you say goes. Plus it looks like it is written right in the order, so it really can't be unilaterally changed by him. On the other hand, if he... View More

1 Answer | Asked in Animal / Dog Law, Civil Rights and Criminal Law for Oklahoma on
Q: Can the police make you give your dog back to your ex-girlfriend because she claims you stole it
Brian Boeheim
Brian Boeheim
answered on Jul 29, 2020

A dog is still considered personal property. A sales receipt or registration with your name on it would go a long was to you being able to show an officer you have possessory interest.

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I live in Oklahoma, can i file a motion to dismiss for lack of jurisdiction in a criminal case? If so how is it done?

A plead of not guilty at arraignment. Second court case is today. I'm representing myself.

Brian Boeheim
Brian Boeheim
answered on Jul 27, 2020

If you are referring to being an Indian from one of the federally recognized tribes, and the crime occurred on Indian Territory; then you need to file a motion that is very specific to those issues. I would not do this yourself. It should not be expensive, but hire wisely.

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