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Barteaux Reappointed As Cherokee Nation District Judge

The Honorable T. Luke Barteaux has been reappointed.

Barteaux, who made Fry & Elder history on May 15, 2017 when he became the firm’s first attorney to be sworn in as judge, was reappointed as a Cherokee Nation District Judge on February 12, 2018 by the Cherokee Nation Tribal Council. His new term will continue until February of 2022.

Cherokee Nation District Judge

“I feel deeply honored to be reappointed,” Barteaux said. “This is a position that is very important to me and one which comes with a lot of responsibility. To be able to continue to serve the Cherokee Nation in this capacity really is quite an honor and one that I hold very dearly.”

Cherokee Nation Tribal Council Speaker Joe Byrd stated in a release that the court has full confidence in Barteaux and that he will only continue to flourish in the position.

“I believe Judge Luke Barteaux has represented the Cherokee Nation well since he took an oath last year to serve the tribe’s court system. Over the next four years as he becomes accustomed to his position, I expect he’ll continue to bring a level of sophistication to our courts.”

Barteaux’s wife Sarah held the Bible when he was initially sworn in as judge in 2017. This time around, it was Barteaux’s mother Lisa who held the Bible as Cherokee Nation Supreme Court Chief Justice John Garrett administered the oath to the Cherokee Nation District Judge.

“They’re the two most important women in my life,” Barteaux said. “I feel very fortunate to be able to include them in the oath of office ceremony.”

Oklahoma law firm

With Fry & Elder since 2011, Barteaux has distinguished himself as an elite Oklahoma family law attorney whose practice areas include divorce/dissolution of marriage, family law litigation, child custody and visitation, modifications, child support, alimony, guardianships, adoptions, collaborative divorce, legal separation, juvenile law, and mediation.

He has been named to Super Lawyers® Rising Stars every year since 2015 and served as the Oklahoma Bar Association Family Law Section Chair in 2016.

“Luke has done a phenomenal job throughout his career as a trial lawyer,” Fry & Elder partner M. Shane Henry said. “He is highly regarded and has taken on a number of leadership positions with the Oklahoma Bar Association. It is an honor to work alongside of him.

Contact Fry & Elder Tulsa or Fry & Elder Oklahoma City today to set up a personal consultation with Barteaux.

Oklahoma Alimony Support No Longer a Tax Deduction in 2019

Changes to Oklahoma alimony support are on the horizon.

Oklahoma alimony support

Under the recently passed Tax Cuts and Jobs Act signed into law by President Donald Trump, alimony (also known at spousal support) will no longer be deductible by the payor and count as income by the recipient. The provisions will not affect divorce decrees and separation agreements entered before Dec. 31, 2018, but those signed after would be impacted.

The Oklahoma alimony support lawyers of Fry & Elder are well aware that ending the 76-year old deduction could drastically impact many divorce settlement negotiations and agreements and are taking a proactive approach in preparing for the imminent changes set to come to Oklahoma alimony support.

“The change in tax treatment will have obvious effects on settlement agreements, as the tax deduction is often an important consideration when crafting a settlement agreement that includes support alimony,” local attorney Amy Page said in an email directed to Fry & Elder attorneys. “We are aware of these effects and are and will continue to be prepared to educate our clients about them as well.”

Oklahoma Alimony Support Defined

Alimony in Oklahoma and most other states is financial support paid by one spouse to another after divorce. Oklahoma alimony terms can be agreed upon by the parties involved or a judge can decide. Spousal support payments typically come in monthly installments but also can be paid in one large lump sum.

Unlike child support, there is no set formula to determine spousal support in Oklahoma. There also is no set time frame on how long a spouse can expect to pay or receive alimony. When determining the amount of spousal support to be paid, the following components often apply:

  • The length of the marriage
  • The health and age of each spouse
  • The mode of living to which each spouse has become accustomed during the marriage
  • Evidence of a spouse’s own income-producing capacity and the time necessary to make the transition for self-support
  • Demonstrated need during the post-matrimonial economic readjustment period
  • The parties’ station in life
  • The earning ability and education of each spouse
  • The parties’ physical condition and financial means

The Potential Impact of the Tax Provisions to Oklahoma Alimony Support

As Fry & Elder’s teams of attorneys alluded to, changes to the tax treatment of spousal support could be far reaching, particularly at the negotiation table where the ability to use alimony deduction was often a powerful bargaining chip.

With only one year remaining for alimony to be claimed as a deduction, it has been reported that some family law attorneys are advising couples considering divorce to file this year – before the deduction is eliminated.

Politico quoted former American Bar Association Family Law Section Chair Mary Vidas as saying: “Now’s not the time to wait. If you’re going to get a divorce, get it now.”

The reasoning behind Vidas’ recommendation may stem from the fact that with alimony being wiped out as a deduction, more disputes could emerge between the two parties and what they deem as a fair number for spousal support.

“The deduction substantially reduces the cost of alimony payments – for people in the highest income-tax bracket, it means every dollar they spend to support a former spouse really costs them a little more than 60 cents.”

Added Pittsburgh family law attorney Brian Vertz:

“The repeal reduces the bargaining power of vulnerable spouses, mostly women, in achieving financial stability after a divorce.”

Though alimony was historically awarded to the wife, this is not the case anymore. Gender is now irrelevant when determining Oklahoma alimony support, meaning either the husband or wife can receive alimony.

Why Experience the Fry & Elder Difference?

Robert G “Hap” Fry Jr.’s divorce philosophy to “always seek mediation and resolution first, but when a compromise can’t be made to shoot all the bullets you have and throw the empty gun at them” has long been a hallmark of the firm. That said, Fry & Elder has remained proactive in staying up to date with Oklahoma family law practices, including spousal support.

The firm has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014 and Is comprised of an experienced team of family law attorneys which include:

Should you have any additional questions in regards to Oklahoma alimony support or any other family law matter, we encourage you to contact Fry & Elder Tulsa today to set up a personal consultation with a proven family law attorney.

Accomplished Tulsa Divorce Attorney Fry Embraces 50th Year

Robert G “Hap” Fry Jr. found himself in an awkward situation last summer in Ireland. Turns out, driving on the opposite side of the road requires a bit of getting used to – not that the acclaimed Tulsa divorce attorney had difficulty adjusting to the other side of the road.

No, Fry did just fine. He successfully navigated his way along the picturesque country’s Eastern coast and through the Ring of Kerry. Successful navigation, though, has been a hallmark of Fry’s legal career since its inception in 1968.

Tulsa divorce attorney Robert G "Hap" Fry Jr.

Accomplished Tulsa Divorce Attorney Fry Still Going Strong at 50

The elite Tulsa divorce and child custody attorney recently celebrated a birthday on Dec. 19 to signify the beginning of his 50th year practicing law.

When it comes to Oklahoma family law, there is not much Fry has not achieved. He is one of only 19 attorneys in the state to be a Fellow of the prestigious American Academy of Matrimonial Lawyers, is an eight-time Best Lawyers® selection and is an 11-time Super Lawyers honoree.

Fry also was named the Best Lawyers® Lawyer of the Year for Family Law in Oklahoma 2016 and this past summer – shortly before his drive along the Irish coastline – joined the likes of John Wayne, Brad Pitt and David Letterman as a Significant Sig Award winner.

While there might not be much left for him to achieve professionally, Fry embarks on his 50th year still going strong and anticipating another busy and very productive year.

“I feel great,” Fry said. “I understand that I might not have the same energy I had 20 years ago, but I feel very good and I am a whole lot wiser at this stage of my career. I don’t think many people enter their respective profession thinking they will work in it for 50 years, and I didn’t either. I realize I am extremely fortunate to be in this position. Practicing law is something I continue to find very rewarding and challenging each day.

“Our firm has grown so much these past couple of years which has been a lot of fun to be a part of and observe. We’ve really got an incredible staff together that’s just been a joy to work with and has kept me feeling young and energetic. I am very blessed and there is much to look forward to here at Fry & Elder.”

Tulsa divorce attorney Robert G "Hap" Fry Jr. and Badger

Fry & Elder, Fry Jr. Continue to Grow

As the accomplished Tulsa divorce attorney alluded to, Fry & Elder has experienced immense growth in the past two years. The renowned Oklahoma law firm’s accomplished team of attorneys has increased from 5 to its current roster of 12 since 2015. The firm also offers immigration law, criminal defense and personal injury law services to compliment its highly-regarded family law services.

Fry & Elder has been named to the prestigious U.S. News & World Report’s Best Law Firms List every year since 2014, and the firm’s lineup of trial lawyers includes the following:

Though the firm has grown exponentially the past few years, Fry & Elder’s trial lawyers continue to seek out Fry for wisdom and perspective.

“He’s a legend,” said Fry & Elder partner M. Shane Henry, who joined Fry in Best Lawyers this year. “To have the longevity that he has had is remarkable, but even more remarkable is the fact that he has operated at such a high level throughout his career. It really is incredible. Our attorneys and myself have learned and continue to learn so much from him.”

Premier Tulsa Divorce Lawyer Reflects on Changes in Family Law

As a high-level practicing Tulsa divorce lawyer for 50 years, there is not much Fry has not seen or encountered in the realm of family law. He was proactive in embracing and advancing the changes in child support guidelines in the 1980s, presenting CLE seminars on the changes to the Tulsa County Bar Association.

“The guidelines were needed,” Fry said. “Child support comes before car payments, mortgages and other expenses.”

Fry also championed the efforts of fathers being granted child custody when the “norm” was for the mother to typically gain custody of the child.

Through it all, Fry has been a trailblazer of sorts in Oklahoma family law, but he has always been guided by two constants which he learned while clerking for Judge Robert D. Simms in 1966 and 1967 and he conveyed in a 2016 article by the Tulsa Business & Legal News. The first is to “always be prepared.”

The second:

“I deal with other lawyers every day and tell them what I am going to do,” Fry said. “I deal in trust and letters follow on the more complicated cases. Your word is your bond.”

Contact Fry & Elder Tulsa or Fry & Elder Oklahoma City today to set up a personal consultation with Fry or one of the firm’s many other accomplished Tulsa divorce attorneys.

United Kingdom’s Divorce Day Reinforces Seasonal Divorce Claim

“Divorce Day” is upon us.

Well, not exactly but Divorce Day is a legitimate calendar day in the United Kingdom where the first working Monday in January following the holiday is designated as Divorce Day.

Divorce Day

The reasoning?

According to an article published in the U.S. News & World Report: The “London-based divorce support service Amicable reports that more than 40,500 people in the U.K. are expected to search ‘divorce’ online in January – a rate that is nearly 25 percent higher than the usual traffic generated by the term.”

Amicable founder Kate Daly did qualify that report by stating that the sensation really is “more of a ‘divorce month’ than a divorce day, as people find private time at different points in their post-holiday schedules.”

The data backs up Daly’s claim. Divorce rates increased 5.8 percent between 2015 and 2016 in England and Wales according to the Office for National Statistics.

The United States Can Relate to Divorce Day

While there is no set and defined “Divorce Day” in the U.S., there has long been a prevailing belief by many that seasonal divorce spikes do indeed occur.

This myth was validated to a degree by researchers at the University of Washington, who unveiled a 2016 study at the American Sociological Association’s annual meeting which revealed that seasonal divorce spikes exist in the months of March and August – “the periods following the winter and summer holidays.”

The study produced by sociology professor Julie Brines and then doctoral candidate Brian Serafini is believed to be the “first quantitative evidence of a seasonal, biannual pattern of filings for divorce.” It took place from 2001 through 2015 and documented every divorce filing in Washington state during those 15 years.

Why Divorce Rates Spike During Certain Times

There likely are many contributing factors that contribute to an increase in divorce filings during certain time frames. As Brines and Serafini concluded in their research: “troubled couples may see the holidays as a time to mend relationships and start anew: We’ll have a happy Christmas together as a family or take the kids for a nice camping trip, the thinking goes, and things will be better.” However, when things fail to improve, the foundation has been laid for action to take place which often comes in the form of a divorce or separation.

Fry & Elder partner and experienced divorce attorney M. Shane Henry believes action can take place during any time of the year, but said he is not surprised that evidence indicates that seasonal divorce is in fact a legitimate phenomenon.

“The holidays are often a stressful time for many couples,” Henry said. “That time period can often serve as the catalyst for someone to take action and remove themselves from an unsatisfying or toxic relationship.”

Experience the Fry & Elder Difference

While Fry & Elder and its team of attorneys hopes everyone enjoyed the holiday season, if you or someone close to you has decided to take action and remove themselves from an unsavory relationship, we encourage you to set up a consultation with a proven and experienced divorce attorney.

Fry & Elder has been named to the acclaimed U.S. News & World Report’s Best Law Firms List each of the past five years and includes the following lineup of attorneys:

Contact Fry & Elder Tulsa or Fry & Elder Oklahoma City today to set up a personal consultation with an accomplished Tulsa divorce attorney.

Why A Qualified Domestic Relations Order Is Important In A Divorce

If you are contemplating or are on the brink of going through a divorce, and you want to ensure that you will receive your Erisa-qualified retirement assets, you would be wise to have a Qualified Domestic Relations Order prepared by an experienced and knowledgeable team of Tulsa family law attorneys.

Qualified Domestic Relations Order

Below are a few answers to some of the more commonly asked question about Quality Domestic Relations Orders or QDROs from the Tulsa family law firm of Fry & Elder.

What is a Qualified Domestic Relations Order and why the need for one?

The fact of the matter is going through a divorce is difficult enough without the added pressure of dividing retirement funds. If a premarital agreement was not written up then generally any assets that have been acquired by either party during a marriage are considered marital. Things like contributions to a retirement plan by the employee or employer are included.

QDROs are important documents because they are required for things for 401(k)s, pensions, 403(b)s and some other retirement plans that you might have set up with your company.

Why consult with an experienced family law attorney to draft out a Qualified Domestic Relations Order?

Like a lot of things associated with divorce and specifically the financial aspects of divorce, QDROs are more complex than you might initially think.

While there are some outlets that include model language on how a QDRO should be written up, an experienced family law attorney will help minimize the risks of any potential errors. This is all the more important through the review and approval process before you hand it over to the court to be signed as an order and ultimately get it incorporated into the Final Judgement of Dissolution of Marriage.

Experience the Fry & Elder Difference

Since 1932, the name Fry & Elder has been synonymous with Oklahoma legal excellence.

The firm has been named to highly-regarded U.S. News & World Report’s Best Law Firms List each of the past five years and its attorneys include the following:

As you can see, the division of retirement assets during a divorce can be tricky and time consuming, making it all the more important to utilize the services of a well versed Tulsa family law attorney, particularly to make sure that everything is properly divided through the implementation of a well thought out Qualified Domestic Relations Order.

Contact Fry & Elder today to get started on your Qualified Domestic Relations Order.

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