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Questions Answered by Pete David Louden
2 Answers | Asked in Child Support for Oklahoma on
Q: My husband is getting child support garnished from 2 checks even though 1 check covers court ordered amount and backpay

He pays 183$ every 2 weeks 50$ for backpay they are taking full amount from each job so hes paying double hes called child support and is still being charged after they said they would stop one garnishment is he entitled to the money they took that was over the amount ordered by a court?

Pete David Louden
Pete David Louden answered on Jan 17, 2020

I see this same thing happen all the time. The solution is hire an attorney to get this resolved for you so that support no longer comes out of both checks.

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1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: Hello. I am wondering if we the petitioner can request a public notice to be placed regarding a court date.

The respondent does have an attorney but we didn't want to get to the court hearing day of and the respondents attorney ask for another continuance because she can't locate her client. We have guardianship of our two nieces for 21 months and filed for adoption in September. Court date for adoption... Read more »

Pete David Louden
Pete David Louden answered on Jan 16, 2020

You would have to give the attorney notice of the hearing. It is very easy to mess up an adoption, so much so that most attorneys will not even attempt an adoption case. You really should have an attorney that really knows adoptions to help you and they will be able to deal with notice issues.

1 Answer | Asked in Child Support for Oklahoma on
Q: If my rights to my child was termanated by court do i have to pay child support if not how do i take care of it

I was living on the streets never even knew they took my rights and never even knew i had child support until i filedfor taxes and they took my return if my rights were taken then i dont think i have to pay but while i was in prison and the last year i been out the payments have been pileing up how... Read more »

Pete David Louden
Pete David Louden answered on Jan 13, 2020

If your rights were terminated child support only stops if the child is adopted. Any past due support would still be owed. You should contact an attorney to help you get to the bottom of this so you know where you stand. I wish you the best of luck with this matter.

1 Answer | Asked in Family Law for Oklahoma on
Q: Does a unmarried father have rights to the child with out going to court
Pete David Louden
Pete David Louden answered on Jan 10, 2020

No. By statute the mother is considered the custodial parent of a child born to parents that were never married. The good news is the father can establish his rights by filing an action in the district court.

1 Answer | Asked in Family Law for Oklahoma on
Q: At which age of the child can you no longer question paternity or file for mistaken paternity in the state of Texas?
Pete David Louden
Pete David Louden answered on Jan 9, 2020

Your question was posted in the Oklahoma section. For questions on Texas law you should post your question in the Texas section.

1 Answer | Asked in Divorce for Oklahoma on
Q: Do 10 previous common law marriage years, count/add to, 5 legally married years, in a divorce in Oklahoma?
Pete David Louden
Pete David Louden answered on Jan 9, 2020

Not sure I understand your question.

Ten years of marriage would be ten years of marriage.

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: Do I need a lawyer to legally adopt my 18 year old in Oklahoma or is that something we can do ourselves?

My 18 year old daughter would like for me to legally adopt her. Is there a way we could do it without getting a lawyer involved?

Pete David Louden
Pete David Louden answered on Dec 31, 2019

Adoptions are so complex that most lawyers will not even attempt to do an adoption. An adult adoption will be easier than a child but I think it would be worth your time to meet with an expert to learn the process and your options.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: I'm trying get a new lawyer my lawyer wont help me my children are neglected abused physically an mentally.

I need help filing emergency custody trying to find a form.

Pete David Louden
Pete David Louden answered on Dec 30, 2019

You should schedule an appointment with your attorney to discuss your concerns.

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1 Answer | Asked in Child Custody for Oklahoma on
Q: custody

we weren't married but have been split for a year my daughter is 2 and I thought after two she's considered mine legally i have a lawyer my ex has postponed our court date 3 times now ... but she was told from her lawyer to let me see her before the 18th but she won't answer her texts now.. and her... Read more »

Pete David Louden
Pete David Louden answered on Dec 12, 2019

If you have a lawyer, your lawyer knows more about your case than strangers on the internet. You should direct your questions to your attorney.

1 Answer | Asked in Family Law for Oklahoma on
Q: Does Oklahoma family court recognize Parental Alienation?
Pete David Louden
Pete David Louden answered on Sep 25, 2019

Yes, but only if it can be proven.

1 Answer | Asked in Divorce for Oklahoma on
Q: My soon to be ex wife keeps telling me a date for our divorce hearing, but I have not received any legal documents

Do I have to appear ?

Pete David Louden
Pete David Louden answered on Sep 3, 2019

You should always appear for all court hearings with an attorney representing you.

2 Answers | Asked in Family Law and Adoption for Oklahoma on
Q: I'm in a adoption case for my son. The judge ordered that my son can be eligible for adoption without my consent.

Now my court appointed lawyer withdrew. And told me I need to file a " entry of appearance". How do I do this, and where do I fie it. And what is it for.? I'm so lost and need help before I loose my parental rights to my son. It was a default judgement I was late for court.

Pete David Louden
Pete David Louden answered on Sep 3, 2019

It is not possible to teach you everything that you need to know to handle the case over the internet. You really need to hire an attorney right now and see if they can help you set aside the default. Act quickly!!!

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1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: My S/O is not allowed to see his daughter unless it meets the criteria of her mother. How can he get a custody arrangem

My S/O is listed on his daughter birth cert and signed an Acknoqldegment of paternity when she was born. he pays child support religiously, has her on his insurance and when he asks if he can see his daughter, her mother always says no, she has plans or makes conditions. We cannot afford a lawyer,... Read more »

Pete David Louden
Pete David Louden answered on Aug 8, 2019

You really need a lawyer. You might try legal aid or the OU legal clinic and see if they can help you.

1 Answer | Asked in Divorce for Oklahoma on
Q: What will I need to get divorced in oklahoma?

My wife and I have been separated for 9 years. During that time she has had 3 children with 3 different guys. Since Oklahoma law is the fathers name on the birth certificate if you are married is the husband's name, I'm on all 3 of them. I've done 2 denial of paternity already. I'm really confused... Read more »

Pete David Louden
Pete David Louden answered on Jul 27, 2019

If there were children born during the marriage that are not your children, bottom line is you need an attorney. It must be done correctly.

DO NOT attempt to handle this matter without an attorney or you may find yourself on the hook for all of these children.

1 Answer | Asked in Child Custody for Oklahoma on
Q: i need help with getting full custody

Hi. My husbands daughter is 14. About two years ago, we went to court the first time to get full custody. We ended up settling in an agreement with her mother and getting joint custody. But now my stepdaughter is refusing to come home to our house, I think her mom may be brain washing her, she has... Read more »

Pete David Louden
Pete David Louden answered on Jul 26, 2019

You have the option of seeking a modification of the custody order if you believe the other parent is not acting in the best interest of the child.

2 Answers | Asked in Criminal Law and Child Custody for Oklahoma on
Q: I have full custody of my daughter which was ordered by the courts but her mother has taken her eight straight days.

She has made no attempt to return her and has cut off all communication

Pete David Louden
Pete David Louden answered on Jul 22, 2019

You need to take action to enforce your custody order ASAP!!

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1 Answer | Asked in Child Support for Oklahoma on
Q: If my sons mother remarried, am I still obligated to pay child support? I’ve read that I’m not but I would like answers.
Pete David Louden
Pete David Louden answered on Jul 22, 2019

Yes. Her marital status would have no impact on child support.

1 Answer | Asked in Child Support for Oklahoma on
Q: I am trying to find out if it is legal to base child support payments on overtime hours when overtime isn't always avail

My husband pays 400 a month for one kid. He has 5 kids with me that are all his I don't work,child care would be too much. They determined his payments by how much he makes on his check stubs. You can clearly see he doesn't always get overtime and in the winter he sometimes doesn't even get 40... Read more »

Pete David Louden
Pete David Louden answered on Jul 17, 2019

The statutes state that support is based on all income which would include overtime.

He needs an attorney to help him with this. He may be able to credit for other biological kids that live in his home. Talk to an attorney before the new support order is filed!

1 Answer | Asked in Child Support for Oklahoma on
Q: Do I have to pay child support if I haven't seen my kid in 5 years cause the mom purposely kept her away from me.

Her second kids father told me that was his daughter now and threaten to beat me up so I just left them alone. Now put of the blue she is requesting child support even though she is engaged to this guy. I don't have any evidence of the other guys message or anything it was from 5 years ago

Pete David Louden
Pete David Louden answered on Jul 16, 2019

Visitation has nothing to do with child support. Support is still owed whether or not there has been visitation. You should consult with an attorney and see if a modification of support might help you. I wish you the best of luck.

1 Answer | Asked in Divorce for Oklahoma on
Q: During a divorce in Oklahoma when one party commits a felony act against the other, is that grounds for no fault?
Pete David Louden
Pete David Louden answered on Jul 15, 2019

Any divorce can be a no fault divorce granted on the grounds of incompatibility.

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