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Tulsa County Expungement Attorneys

Tulsa County Expungement

On November 1, 2014, Oklahoma is again amending its expungement laws.  They now provide extra relief for what types of crimes can receive expungement from an individual’s criminal record.  Under Oklahoma criminal law several types of Tulsa County expungement exist.  The two most common or deferred action expungements, sometimes called a section 991 expungement; and a complete expungement, also called a section 18 expungement.  It is important to note that not all expungements are equal nor provide the same relief.

Deferred Expungement Tulsa County:

Deferred action is when the court will withhold a finding a guilt upon a part.  This is as long as they enter a guilty plea and agree to pay fines and costs, as well as go through probation for a determined length of time.  Section 991 expungement occurs after an individual completes their probation associated with a deferred action associated with a guilty plea.  If a individual successfully completes their probation, then the charge shows as dismissed on background checks.  Certain documentation strikes from the record, but arrest records will still be available upon a background search.

Oklahoma Section 18 Expungement:

A section 18 expungement is a complete clearing of the criminal record, including sealing the arrest record. In order to have a criminal matter complete expunged from your record, the following must apply:

  1. You received an acquittal on the charge; or
  2. The conviction reverses with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reverses the conviction and the district attorney subsequently dismisses the charge; or
  3. Factual innocence re-establishes by the use of deoxyribonucleic acid (DNA) evidence after the conviction; or
  4. You receive a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which you receive the sentence; or
  5. You are under arrest and no charges of any type, including charges for an offense different than that for your original arrest, file and the statute of limitations expires or the prosecuting agency declines to file charges; or
  6. You were under eighteen (18) years of age at the time of the commission of the offense and you receive a full pardon for the offense; or
  7. You were charged with one or more misdemeanor or felony crimes, all charges have been dismissed, you were never been convicted of a felony, no misdemeanor or felony charges are pending against you, and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled (this doesn’t apply to charges that have been dismissed following the completion of a deferred judgment or delayed sentence); or
  8. You were charged with a misdemeanor, the charge has been dismissed following the successful completion of a deferred sentence, you have never been convicted of a misdemeanor or felony, no misdemeanor or felony charges are pending against you, and at least one (1) year has passed since the charge was dismissed; or
  9. You were charged with a nonviolent felony offense, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence, you have never been convicted of a misdemeanor or felony, no misdemeanor or felony charges are pending against the person, and at least ten (10) years have passed since the charge was dismissed; or
  10. You receive a misdemeanor conviction, you have no felony convictions, no felony or misdemeanor charges are pending against you, and at least ten (10) years elapse since the end of the last misdemeanor sentence; or
  11. You were convicted of a nonviolent felony offense, you have received a full pardon for the offense, you have not been convicted of any other felony, you have not been convicted of a separate misdemeanor in the last fifteen (15) years, no felony or misdemeanor charges are pending against you, and at least ten (10) years have passed since the felony conviction; or
  12. You receive charges or arrest or are the subject of an arrest warrant for a crime of another person who used your name or other identification without the your consent or authorization.

As you can see there are several situations that allow for the complete expungement of a criminal record.  The most important change in this years amendment is that now the felony conviction can also receive expungement.  Prior to this change, if an individual had more than one criminal conviction an expungement would be unavailable.

While it may seem that expungement process is simple, that is far from true.  Several notice requirements must occur. First, a hearing needs scheduling.  Further, if part of the request for relief involves a pardon, the pardon itself must be complete prior to asking for a Tulsa County expungement.

Contact an Expungement Attorney in Tulsa, Oklahoma

If you have questions regarding an Oklahoma criminal record expungement or a pardon we can help. Contact our Criminal lawyers and talk with a Tulsa County expungement attorney.

Tulsa Divorce and Bankruptcy Attorney

Getting a divorce and filing for bankruptcy are two very important life decisions.  They can beTulsa Divorce and Bankruptcy Attorney confusing without the assistance of a Tulsa divorce and bankruptcy attorney. If you are contemplating bankruptcy and you have a pending divorce, or if you have an active bankruptcy proceeding and are contemplating divorce, you need to be aware of all consequences that may result if you file for bankruptcy or divorce. The consequences may significantly differ depending on whether you and your spouse choose to file for bankruptcy prior to finalizing a divorce, or divorcing first and filing for bankruptcy as single individuals following divorce.

Filing for Oklahoma Bankruptcy First:

If you and your spouse choose to file for bankruptcy before filing for divorce, you will be able to eliminate your debt in a more economical way. For example, the filing fees for a joint and individual bankruptcy filing are the same, so filing jointly with your spouse before divorce will prevent each of you from having to pay the same fee on your own if you file for bankruptcy after your divorce.

Further, filing for bankruptcy prior to divorce will allow both spouses to handle their debt collectively.  If spouses wish to resolve their bankruptcy matter as quickly as possible so that they can then finalize their divorce, Chapter 7 bankruptcy may be the better option if they qualify, as Chapter 7 bankruptcy is completed much sooner than Chapter 13 bankruptcy. As such, spouses choosing to file for bankruptcy first may have to wait four or more years before their bankruptcy proceeding completes and all debt discharges if they do not qualify for Chapter 7 bankruptcy.

Filing for Divorce First:

Spouses wishing to resolve their marital disputes prior to Oklahoma divorce may find that it is in both spouses’ best interests to handle their debt-related issues individually after finalizing their divorce. By filing for divorce first, spouses will know the actual amount of debt they face.  They will also know what assets each of them has after dividing their property. It may turn out that some property can sell to satisfy debt without the need to file for bankruptcy. Otherwise, each spouse will have a better understanding of his or her own debt when filing bankruptcy following divorce.

If two spouses feel separation is more important than filing debt jointly, filing for divorce first is better. There are both benefits and drawbacks to approaching bankruptcy and divorce from opposite ends. Regardless of whether spouses file for bankruptcy or divorce first, the potential overlap could create a complex and stressful situation.

Working With a Divorce and Bankruptcy Attorney:

Whether you choose to file for bankruptcy first or divorce first, you must consider how your attorney’s role change. If you choose to jointly file for bankruptcy prior to divorce, then one attorney may represent both of you. However, if you divorce first, and then file for bankruptcy, or file for divorce before your bankruptcy proceeding is complete, there may be a conflict of interest.  Thus, one attorney will not be able to represent both of you.

If you are contemplating both divorce and bankruptcy, it is a good idea to seek the advice of an attorney. An attorney dealing with divorce and bankruptcy matters has an understanding of both processes and their effects on each other. Given that conflict generally occurs between two divorcing spouses, each spouse should meet with his or her own attorney.  This ensures protection of  both spouses’ rights and interests.

Contact a Tulsa Divorce and Bankruptcy Attorney Today

If you are facing a divorce and may need to file a bankruptcy call our attorneys today. Sometimes filing them both is the better solution depending on your particular case. Call our Tulsa divorce and bankruptcy attorney today for a free consultation.

Tulsa DUI Accident Lawyers

Any time an Oklahoma DUI accident occurs and you suffer injuries, you undergo an independent medical examination (IME).  When an individual isTulsa DUI Accident Lawyers  allegedly causes an accident, that individual’s automobile insurance company has a physician evaluate the injured person.

It is unfortunate that many IMEs conducted by a physician of the insurance company’s choice are not favorable evaluations.  The physicians tend to make it difficult to find the insured individual at fault.  This is one of the most negative aspects of dealing with an automobile accident that can be quite frustrating for anyone injured as a result of another’s negligent conduct, especially when it comes to drunk drivers.  When no dispute exists as to whether or not a drunk driver causes an automobile accident resulting in injures, an IME can make it seem as though there are other reasons why the person has suffered injuries, including preexisting conditions that could account for the person’s current pain and other symptoms.

How to Approach the IME:

If you receive injuries in an Oklahoma DUI accident, seek the advice of our Tulsa DUI Accident Lawyers right away.  Once you have done so and you are available to undergo the IME at the request of the drunk driver’s automobile insurance company, you will need to take all steps necessary to protect your rights and interests.

When going to the IME, our Tulsa County Personal Injury Lawyers will tell you that you should bring a friend or family member with you, as this person can be a witness to the physician’s independent evaluation.  If the physician’s evaluation differs from the victim and the witness, this suggests the physician didn’t provide an accurate evaluation.  Because the physician generally receives quite a substantial amount of money by the drunk driver’s insurance company, the physician has an interest in providing an evaluation favorable to the insurance company.  Having a witness can be a successful tool to ensuring the physician is really keeping the evaluation impartial.

In addition to having witness(es) join you at your IME, take your notes and ensure the physician records all symptoms.  For example, you could take a list of all of your symptoms and a copy of any and all medical records you have related to the injuries you suffered at the expense of a drunk driver’s negligent conduct.  If you have medical records documenting injuries clearly connected to the drunk driver’s actions in causing an automobile accident, anything the physician states during the IME unfavorable to your potential personal injury case against the drunk driver appears unrealistic.  Especially, when the physician’s opinion materially differs from other physicians’ opinions of your injuries, and what caused them.

Our  Tulsa DUI Accident Lawyers can prepare you for the IME.  We can also ensure you receive evaluations by physicians who have no incentive to favor the insurance company.  You do not deserve suffering because of a drunk driver’s decision to cause an Oklahoma drunk driving accident.  Further, do not continue suffering because a physician indicates your injuries are not serious or because of the drunk driver.  As such, it is imperative that you have a strong advocate by your side.  This ensures you receive the compensation you deserve. Our Tulsa DUI Accident Lawyers provide you with an alternative IME doctor to evaluate your Oklahoma DUI accident injury.

Contact our Tulsa DUI Accident Lawyers:

If received injuries as the result of a drunk driving accident our DUI accident our lawyers can help. Call Tulsa County Lawyers Group injury attorneys for a free personal injury consultation today. The call is free and you pay nothing unless we win your case.

Swimming Pool Personal Injury Lawyers in Tulsa

Swimming pool accidents can result in serious injury or fatality. According to the Center for Disease Control and Prevention, everyday,Swimming Pool Personal Injury Lawyers| about ten people die from unintentional drowning.  Moreover, drowning ranks fifth among the leading cause of unintentional injury or death in the United States.

It should come as no surprise that thousands of swimming pool personal injury lawsuits occur on a yearly basis. If you receive a swimming pool injury or fatality, contact us about filing a personal injury claim against the tortfeasor.

Swimming Pool Injury Liability:

You should hire an injury lawyer in Tulsa that has experience handling swimming pool personal injury lawsuits and will fight for you to get the best settlement possible. You will have to prove the following elements occurred in order to win your swimming pool personal injury lawsuit:

  1. The owner or possessor of the property owed a duty of care to ensure that their swimming pool and the immediate surrounding vicinity was free of dangerous conditions to guests on the premises;
  2. The owner or possessor of the property breached the standard duty of care of ensuring that the swimming pool and the immediate surrounding vicinity was free of the dangerous condition that caused the injury or fatality;
  3. They (owner or possessor) should have known about the dangerous condition because a reasonable person managing the property would have discovered, removed, or repaired the dangerous condition that caused the swimming pool injury or fatality; and
  4. The owner or possessor of the property breach of duty caused the pool injury or fatality to occur.

Depending on where the injury or fatality occurred, there may be several defendants to hold liable. To win, you must identify who the owner or possessor of property is to determine liability.

If the injury or fatality occurred on residential property, you will have to prove that the property owner or the possessor of the property had control over the dangerous condition.  Also  that such owner or possessor of property could have repaired the dangerous condition but failed to do so.  Finally, also that the owner or possessor of property failed to take reasonable measures to repair the dangerous condition that caused the injury.

If the injury occurs on government property, you must determine whether the property is a local, state, or federal property. This will help narrow down who to sue for damages. For example, if your child receives injuries while swimming at a local city public pool, you would file your cause of action against your local city government.

Contact our swimming pool personal injury attorneys to find out which government entity is possibly liable for your swimming pool injuries.

Swimming Pool Injury Damages:

You must request an award of damages as a result of the negligent tortfeasor’s actions. You may be able to recover compensatory and punitive damages as a result of your swimming pool injury. Four types of compensatory damages exist: medical expenses, loss of earnings (present and future), pain and suffering, and emotional distress.  Punitive damages intend to punish and deter the negligent party from exercising reckless, negligent, or malicious activity. The amount of punitive damages you receive will be determined by the amount of compensatory damages awarded.

Swimming Pool Injury Lawyers in Tulsa:

Please contact our swimming pool personal injury attorney in Tulsa Oklahoma.  We offer a consultation regarding your injury or a fatality a loved one has suffered. We have exceptional skills negotiating settlements on behalf of our clients. Most importantly, we don’t receive payment unless you do.

Tulsa Protective Order Expungement

A protective order’s purpose is to stop continuing threats of harassment, stalking and abuse of an individual.  When it comes toProtective Order Expungement Attorney family and other domestic law cases, a protective order is easy to obtain.  The individual requesting the order just needs to demonstrate a few things.  These include:  a domestic relationship exists between the parties and that the requesting party has demonstrated to the judge that harassment, stalking or abuse has happened and will continue to happen.

Protective Order Abuse in Tulsa County:

Unfortunately the ease of granting protection orders results in abuse of the process.  Often times a protection order grants after the filing of a family law matter involving child custody.  While a protective order grant temporarily suspends visitation and child custody, the Oklahoma law specifically states a protective order “shall not in any manner affect title to real property, purport to grant to the parties a divorce or otherwise purport to determine the issues between the parties as to child custody, visitation or visitation schedules, child support or division of property or any other like… except child visitation orders may be temporarily suspended or modified to protect from threats of abuse or physical violence by the defendant or a threat to violate a custody order”.

Protective Orders in Divorce and Custody Cases:

What this means, is that if there is a pending divorce or paternity matter, or if the parties intend to file such actions, then the protection order continues on a temporary basis until it can consolidate with the underlying case (the divorce or paternity action), so that the protection order and a temporary order regarding custody and visitation can occur at the same time.  Additionally, the party filing will likely be instructed that if they wish to continue withholding custody and visitation, that they will need to file an emergency custody order, which has much more difficult requirements to meet.

Parties eventually agree to dismiss the protection order or a judge decides no emergency or evidence requires a protection order.  However, just because the protection order receives dismissal does not mean that it is off an individual’s records.  A dismissed protection order will show up on internet court docket records and will show up on background checks.  This can be devastating for future employment.

Protective Order Expungement Rules:

Luckily, Oklahoma law provides that protection orders may expunge from an individual’s record.  Pursuant to Oklahoma protective order expungement law, in order to for a protection order to receive expungement, one of four conditions must first occur:

1. An ex parte order was issued to the plaintiff but later terminated due to dismissal of the petition before the full hearing, or denial of the petition upon full hearing, or failure of the plaintiff to appear for full hearing, and at least ninety (90) days have passed since the date set for full hearing;

2. The plaintiff filed an application for a victim protective order and failed to appear for the full hearing and at least ninety (90) days have passed since the date last set by the court for the full hearing, including the last date set for any continuance, postponement or rescheduling of the hearing;

3. The plaintiff or defendant receive a vacate notice of the order and three (3) years pass since the order to vacate enters; or

4. The plaintiff or defendant is dies.

Further, the party requesting the protective order expungement must give proper notice to the other involved parties.  The appropriate county’s district attorney’s office must also receive notification.  From there a hearing sets and the requesting party must demonstrate that:

  1. The “victim” does not object to the protective order expungement
  2. The district attorney does not object to the protective order expungement; and
  3. That the harm to the privacy of the requesting party or dangers of unwarranted adverse consequences outweigh the public and safety interests of the parties to the protective order in retaining the records.

Call A Tulsa Expungement Attorney:

Our Tulsa Lawyers help you get protective order expungement or any other criminal record expungement necessary.  For more info:  Call Tulsa County Lawyers Group today for a free consultation in Tulsa Oklahoma.

Bankruptcy Options in Oklahoma

You have likely heard the phrase Chapter 7 bankruptcy, and may have heard of Chapter 13 as well. If you are like most people, however, you probably do not know of Chapter 20 bankruptcy Options in Oklahoma.Bankruptcy Options in Oklahoma Chapter 20 bankruptcy is not actually a bankruptcy chapter, like Chapter 7 and 13. Rather, Chapter 20 is a term used to refer to filing for Chapter 7 to discharge your unsecured debts, then filing for Chapter 13 in order to alleviate your secured debts.  This is similar to mortgage payments and non-dischargeable priority debts. Chapter 20 bankruptcy comes with considerable benefits, but also several drawbacks.

The following is an overview of Chapter 20 bankruptcy as one of the bankruptcy options in Oklahoma.

Bankruptcy Options in Oklahoma – Benefits of Chapter 20

Chapter 20 bankruptcy offers several benefits, including:

  1. Chapter 20 can you qualify for a Chapter 13 bankruptcy: To qualify for a Chapter 13 bankruptcy, you cannot exceed certain maximum secured and unsecured debt amounts. These are currently $360,475 for unsecure debt and $1,081,400 for secure debts. If you exceed these limits, you will not be eligible for a Chapter 13 bankruptcy. By filing for Chapter 7 first, you may lower your debt to the limits applicable for a Chapter 13 filing. This will allow you to pursue a Chapter 13 to restructure and eventually discharge your remaining secured or non-discharged debts.
  2. Chapter 20 can allow you to focus on secured and priority debts: In a Chapter 13 bankruptcy, you will propose a repayment plan to payback all or most of your debts. Completion of this plan will result in discharge of all included debts. Most people file Chapter 13 in order to catch up on missed mortgage payments or to pay off non-dischargeable debts. By filing for Chapter 7, then seeking a Chapter 13, you focus your repayment plan on secured and priority debts.  This allows you to reach total freedom from debt.

The Drawbacks of Chapter 20 as one of many Bankruptcy Options in Oklahoma

Despite its benefits, Chapter 20 bankruptcy also has several drawbacks, including:

  1. No discharge allowed in Chapter 13: After receiving a Chapter 7 discharge, you cannot receive a discharge under Chapter 13 unless the case it is at least four years later. Although minimal, it could impact those seeking to obtain a lien stripping, as described below.
  2. Lien stripping may not be allowed: Depending upon your particular court, as each varies on this issue, you may not be able to strip your second mortgage during a Chapter 13 action if you are not eligible for a discharge due to a previous Chapter 7.
  3. Potential bad faith objection: The court or trustee could raise a bad faith objection if they feel the only reason you file Chapter 7, then Chapter 13, is to avoid paying back creditors. You will have to offer a valid reason for pursing this option if the objection raises.

Contact Us about Bankruptcy Options in Oklahoma:

Bankruptcy options in Oklahoma can offer a means of escaping from oppressive debt and starting a fresh financial future, but is never something to be undertaken without thorough consultation with an attorney experienced in this area of law. If you file Chapter 7 or Chapter 13 bankruptcy, the Oklahoma Bankruptcy attorneys at Tulsa County Lawyers Group can help. Call today for a free consultation with a bankruptcy lawyer in Tulsa. Call our Today (918) 379-4864.

Chapter 13 Bankruptcy Attorney in Tulsa

Chapter 13 bankruptcy is a legal process by which you create a plan to pay off many (but not necessarily all) of your debts within five Chapter 13 Bankruptcy Attorney years. Chapter 13 bankruptcy is a reorganization of debt. Unlike other debt reduction plans set out by some otherwise unscrupulous debt reduction firms, a chapter 13 is monitored by the bankruptcy court. A chapter 13 also forces all the creditors to accept the courts plan for debt reduction. Depending on the chapter 13 plan, once the repayment period concludes any remaining debt left unpaid discharges and forgives forever. When considering a chapter 13 make sure you consult a chapter 13 bankruptcy attorney. This is so because many bankruptcy attorneys help people file chapter 7 but not so many are actual chapter 13 bankruptcy attorneys.

Who can file a Chapter 13 bankruptcy:

If you are ineligible to file a Chapter 7 bankruptcy because you are over the income threshold, or because you have filed a chapter 7 less than 8 years ago you will have to file a chapter 13. The most important requirement of filing a chapter 13 is that you have employment and can make the chapter 13 plan payments.

Chapter 13 Process:

You chapter 13 bankruptcy attorney will start the process by gathering documents. Your chapter 13 bankruptcy attorney will need to see tax returns, pay stubs (if you are employed), titles to any vehicles you own, as well as bank statements, deeds to any real estate, and other documents depending on the specifics of your case. Your attorney will prepare a bankruptcy petition that includes all the relevant information for your case, including a listing of the things you own (called assets) and a list of all the people and companies you owe money to (your creditors). It will also contain information about your income and expenses, and tax information for the past two years. After preparation and your signing of the document, your attorney will file it with the court. A month later, you will attend a brief hearing.  This is a “341.”  Here your bankruptcy trustee will ask you a few questions. Your attorney will then prepare a “plan”. This plan describes how much money you will pay each month and how it distributes to your creditors. For the plan to work, it must pay off your secured creditors a percentage (usually at least 90%) within five years. Once the plan confirms, you make monthly payments to the Trustee. Your Trustee will then directly pay your creditors. Once the plan finishes, your remaining debts discharge.

Large Debt Amounts in Chapter 13:

Yes. So once the repayment plan confirms, the amount of debt is immaterial. The type of debt matters for how the plan is constructed (secured debt, such as mortgages or cars and priority debt like back taxes or child support must be included in the plan). Unsecured debt is not put in the plan.  Those debts discharge at the end, with the exception of student loans. Student loans are not ordinarily dischargeable in either Chapter 7 or Chapter 13.

Can I keep my Property:

Yes. Most people assume that their property forfeits in a bankruptcy proceeding, but this is not the case. Many kinds of property, including wages, household furnishings, clothing, cars, and guns are “exempt”, meaning the trustee cannot seize them. In terms of property that secures a loan (home for a mortgage, car for an auto loan, etc.), you have two options. You may either surrender the property, or you may keep it, as your plan will pay off the creditor. Your chapter 13 bankruptcy attorney will go over this with you.

Benefits of filing a Chapter Bankruptcy:

The largest benefit is peace of mind. After filing, your creditors will no longer be able to harass you about your debts. If you hava garnishments, the garnishment will cease. You will be secure in the knowledge that your secured debts are being paid every month through your plan payments and that at the end of the plan, you will have a fresh start. Also, if behind on your home the arrearage becomes part of the plan.  This allows you to keep your home.

Contact a Chapter 13 Bankruptcy Attorney:

If you are considering bankruptcy a call to a chaptyer 13 bankruptcy attorney at Tulsa County Lawyers Group is the answer. The call is free and you will get answers to your bankruptcy quastions within moments. Call our Tulsa Lawyers at 918-379-4864

Tulsa Alimony Lawyers

There are two types of alimony, support alimony and alimony in lieu of property.
The latter of the two is not modifiable by the court, not available for tax purposes, and is typically not dischargeable in bankruptcy.  However, support alimony receives different treatment.  Support alimony is the traditional form that parties think of in regards to alimony.  It can though be transitional or rehabilitative in its basis.  Transitional is when the court consider the length of time for the party to recoup after the divorce.  Rehabilitative alimony looks more into the various steps the party will have to take in order to return to school, seek additional training in career, or even start a new career path. If you need help call one of our Tulsa alimony lawyers for advantage you need.

Can Tulsa Alimony Lawyers Modify the Order:

Support alimony is modifiable, recognizable for tax purposes, and dischargeable in bankruptcy.  In determining the award amount, the court considers if there is a need and if it relates to the marriage.  Factors the court will assess will be the age of the party, ability to work, the status quo standard of living, station in life, length of marriage, time necessary for transition period, earning capacities, physical conditions, and the amount of the request.  The court will make the determination that is the most equitable in light of the situation.  If the party seeks to modify the support alimony that was awarded, the party may do so by proving there is a substantial and continuing change in the circumstances that warrants the modification.  Such modification if successfully proven will only have a prospective application unless the modification is from a temporary order.

Contact our Tulsa County Lawyers:

If you must pay  or if you are divorcing and are asking for alimony our attorneys can help. We have helped thousands of Oklahoman’s work through divorce, child custody and division of marital assets. Our Tulsa alimony Lawyers are in Oklahoma and offer a free consultation.

 

Adoption Attorneys in Tulsa

Tulsa County Adoption Attorneys

Limiting Oklahoma Adoption Expenses with Tax Credits and Deductions

The attorneys at the Tulsa County Lawyers Group know that adoption places a significant financial burden on families. Many ofTulsa Adoption Attorneys | Tulsa County Lawyers | our clients face adoption expenses well over $20,000, depending on a variety of circumstances, such as the birthmother’s circumstances, country fees, travel expenses, application fees, and medical expenses. Thankfully, tax credits and deductions can help offset the high costs of adoption. This article briefly covers some tax saving options for Oklahoma families that have adopted or are seeking to adopt. Of course, it is only intended as general information, as individual tax questions should be answered by professional legal and tax counsel based on your unique circumstances.

Federal Tax Credits For Adoption

The American Taxpayer Relief Act of 2012 permanently enacted a tax credit for “qualified adoption expenses” incurred to adopt a child under the age of 18, or an older individual physically or mentally incapable of caring for himself or herself. Qualified adoption expenses generally covered by the credit are items such as adoption fees, court costs, legal fees, travel expenses, lodging, and other similar expenses. Qualified adoption expenses do not include expenses to adopt the child of the taxpayer’s spouse. Since 2013, the non-refundable tax credit limit equals $12,970 per child. The credit is further subject to income limitations and dollar limitations based on modified adjusted gross income.

Note the 2013 tax credit is non-refundable. This means taxpayers receive a refund of federal income taxes, but only up to the amount of taxes otherwise due. A refundable credit is one that a person can receive regardless of their tax liability. The only years the credit was refundable were 2010 and 2011. Bills to amend the Internal Revenue Code to continue the refundable adoption tax credit are currently pending in the House and Senate.  But these bills will not impact the 2013 tax year unless retro-active changes occur.

Generally, the credit is allowable whether the adoption is domestic or foreign. However, the tax years for which you can file for the credit vary based on this distinction. When you can claim the credit also depends on whether the adoption has been finalized and when expenses are paid. Credit may be allowable even if the adoption is never finalized, except in foreign adoptions. Additionally, there are special exceptions for credits in the case of an adoption of a U.S.-born special needs child. For purposes of the adoption credit, foreign children do not classify as special needs.  Further, the definition of U.S. children with special needs is very narrow.

The IRS encourages taxpayers to e-file their Federal income tax returns.  Starting in 2013, adoption credit forms are available to e-file. The adoption form is Form 8839, Qualified Adoption Expenses. The taxpayer should save significant documentation in support of the credit.

Oklahoma State Tax Deductions

In addition to the federal tax credit, many states have tax credits or deductions for families adopting children from their state. Oklahoma statute (Title 68 O.S. Section 2358) provides for deductions not to exceed $20,000.00 per calendar year for “nonrecurring adoption expenses paid by a resident individual taxpayer.”

Free Consultation Family Lawyers in Tulsa County

If you are planning to adopt or need additional advice on adoption tax credits available in Oklahoma, contact the experienced family law attorneys at Tulsa County Lawyers Group for a free consultation. Our accomplished and compassionate attorneys and staff will provide you with all of the knowledge you need to determine if adoption is the right step for your family. Call us today to schedule a free consultation. You may fill out our convenient online form, or you may call us at (918) 379-4864. Our staff can assist you in both English and Spanish.

Tulsa County Lawyers

Dedication to Clients is our purpose at Tulsa County Lawyers Group.  When you need a Tulsa Lawyer you need dedication to your legal issue. That means you need a Law Firm that consistently looks to further your legal goals. This is done Tulsa County Lawyers | through dedication. Dedication begins with a strong understanding of the legal issues relating to your legal problem. Next, Dedication means always being available to our clients when they have legal questions.  As a general rule, when you call our office you actually speak to an attorney at our Law Firm. If for some reason we cant answer your call because we are in Court or with other Clients don’t worry. We are dedicated to returning your call and answering your legal question within minutes. At Tulsa County Lawyers Group we practice law in the following areas.

Divorce and Family Lawyers:

Our Tulsa County Lawyers practice a wide range of family law. This includes Wills Trusts and Estate  planning,  probate, Divorce and Child custody. Divorce is our most emotional family law practice area. Without a doubt, divorce or child custody law, involve some of the most turbulent legal issues. If you’re facing divorce, either with or without children you need a Tulsa County Divorce Lawyer that understands family law. A lawyer whose dedicated to guiding you through this emotionally charged legal area. Whether you face an agreed divorce and custody or a high conflict divorce and child custody our dedication to you is what we offer.

Agreed Divorce             Child Custody         Tulsa Guardianship  

High Conflict Divorce   Paternity Lawyers   How Long Does a Divorce Take

Bankruptcy Lawyers:

Sometimes our clients reach the point where they just can’t pay their monthly bills. There are several reasons this happens to people. Some reasons involve unemployment, a family sickness, or a host  of other financial hardships.  If you’ve reached this point in your life a bankruptcy may be a great option for you. Our Tulsa Bankruptcy attorneys can help you file either a chapter 7 bankruptcy or a chapter 13 Bankruptcy. Regardless the chapter of bankruptcy that you decide to file,  bankruptcy is more common than many think. Bankruptcy is not a bad word. Rather, Bankruptcy is a federal program that’s been around since the beginning of our Country. Bankruptcy intends to give you a fresh financial start and also a chance to begin rebuilding your credit. Have a Bankruptcy question? Don’t call a Bankruptcy referral company but rather, call a Tulsa County Bankruptcy Lawyer directly.

Chapter 7 Bankruptcy     Chapter 13 Bankruptcy    Bankruptcy Information

Criminal Lawyers:

Nothing is more troubling than the prospect of time in jail or a criminal record.Even if you dont go to jail a guilty plea will have huge consequences on your future.  A criminal record follows you for the remainder of you life impacting not just your freedom but your ability to get a job and support yourself. Our Tulsa Criminal Lawyers represent clients in both misdemeanor and felony charges. If you’ve been charged with a crime get in front of it by hiring an attorney from Tulsa County Lawyers Group.

Drug Charges                    Tulsa DUI  Attorney        Felony / Misdemeanors

Tulsa Expungements         Violent Crimes               Larceny Crimes     

Personal Injury Lawyers:

If you’ve suffered a personal injury you’re entitled to certain damages under Oklahoma Personal Injury Law. If you’ve beenTulsa County Lawyers injured and the reason for your injury is due the negligent conduct of another you should act now. Whether its a Car or Truck accident, Slip and Fall, Nursing Home Abuse or any other personal injury call our injury attorneys. You are entitled to medical care, pain and suffering, lost wages and more. A personal injury case requires your injury attorney to negotiate with the negligent persons insurance company. Remember this insurance company is not in the business of giving you more but rather they are in the business of giving you less. Our Tulsa lawyers have handled all kinds of personal injury cases. As a result, we have won hundred’s of thousands of dollars for our clients. Don’t go it alone, Call an aggressive Tulsa Personal Injury Lawyer

Car Accidents       Truck Accident Attorneys        Motorcycle Accidents

Slip and Fall          Nursing Home Abuse                Wrongful Death Lawyers

Workers Compensation Lawyers:

You can still file for Workers Compensation in Oklahoma.  Workers Compensation Lawyers help injured Oklahomans who’ve been injured at work get the medical treatment the employer owes them. If you receive injuries on the job, it entitles you to all reasonable and necessary medical treatment. Along with medical treatment you’re entitled to temporary disability payments and permanent partial or total disability payments. The workers comp laws in Oklahoma have changed. This change in the law requires a Workers Compensation Lawyer who understands the changes. If you received injuries on the job don’t wait to file your claim. The law places many restrictions on Oklahoma workers and without solid workers compensation representation you may place those rights in jeopardy.

Partial Disability        Temporary Disability            Work Injury Attorney  

Type Work Injuries     Work Comp Medical Care    New Laws

Immigration Lawyers:

Need an Immigration Lawyer in Tulsa? Our Tulsa County Lawyers immigration attorneys can help you. We help those individuals and families seeking a wide range of visas. The following types of immigrant visas represent our service:

K-1 fiance visas:

Family Visas:

Green Cards:

Employment Visa:

Asylum Visas:

Federal law governs immigration. Therefore, it involves a mass number of federal laws and administrative orders. Immigration law is contently changing and subject to the political tides. Over the past several years new laws have been past and many new laws are sure to follow. Our immigration attorneys will guide you through this ever changing legal practice area.