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Tulsa Family Lawyer and Mediator

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Year: 2016

Posted on September 13, 2016

New DHS Child Support Calculator

DHS/Child Support Services is pleased to announce that the online child support guidelines calculator is now available on our website. This calculator will allow you to calculate child support pursuant to the Oklahoma Child Support Guidelines. In addition to calculating the guidelines, this calculator now will allow you to print a computation form to attach to your orders and decrees using the “Print” function of your web browser.
The guidelines can be found on CSS’s Attorneys & Judges page on the “CS Guidelines” tab, or by clicking here: http://www.okdhs.org/services/ocss/pages/computation.aspx

Posted on August 10, 2016

What’s the Right Age for a Child to Get a Smartphone?

NOT long ago, many parents wondered at what age they should give their child full access to the car keys. Nowadays, parents face a trickier question: At what age should a child own a smartphone?

The smartphone, after all, is the key to unfettered access to the internet and the many benefits and dangers that come with it. But unlike driving a car, which is legal in some states starting at the age of 16, there is no legal guideline for a parent to determine when a child may be ready for a smartphone.

The topic is being increasingly debated as children get smartphones at an ever younger age. On average, children are getting their first smartphones around age 10, according to the research firm Influence Central, down from age 12 in 2012. For some children, smartphone ownership starts even sooner — including second graders as young as 7, according to internet safety experts.

“I think that age is going to trend even younger, because parents are getting tired of handing their smartphones to their kids,” said Stacy DeBroff, chief executive of Influence Central.

The downward age creep is meeting resistance. James P. Steyer, chief executive of Common Sense Media, a nonprofit organization that reviews content and products for families, has a strict rule for his family: His children get a smartphone only when they start high school — after they have learned restraint and the value of face-to-face communication.

But Mr. Steyer added that other parents might decide that their children are ready sooner. “No two kids are the same, and there’s no magic number,” he said. “A kid’s age is not as important as his or her own responsibility or maturity level.”

So how do you determine the right time? To come up with some guidelines, I interviewed internet safety experts and combed through studies on smartphone use among children. I also asked for parents’ advice on regulating smartphone use and keeping children safe.

The takeaway will not please smartphone makers: The longer you wait to give your children a smartphone, the better. Some experts said 12 was the ideal age, while others said 14. All agreed later was safer because smartphones can be addictive distractions that detract from schoolwork while exposing children to issues like online bullies, child predators or sexting.

“The longer you keep Pandora’s box shut, the better off you are,” said Jesse Weinberger, an internet safety speaker based in Ohio who gives presentations to parents, schools and law enforcement officials. “There’s no connection to the dark side without the device.”

The Research

Let’s start with some of the data. Ms. Weinberger, who wrote the smartphone and internet safety book “The Boogeyman Exists: And He’s in Your Child’s Back Pocket,” said she had surveyed 70,000 children in the last 18 months and found that, on average, sexting began in the fifth grade, pornography consumption began when children turned 8, and pornography addiction began around age 11.

In a separate study published this year, Common Sense Media polled 1,240 parents and children and found 50 percent of the children admitted that they were addicted to their smartphones. It also found that 66 percent of parents felt their children used mobile devices too much, and 52 percent of children agreed. About 36 percent of parents said they argued with their children daily about device use.

There is also biology to consider. The prefrontal cortex, a part of the brain that controls impulse, finishes developing in the mid-20s. In other words, parents should not be surprised if younger children with smartphones lack impulse control.

Pros and Cons

Smartphones undoubtedly bring benefits. With the devices, children gain access to powerful apps, including education tools for studying, chat apps for connecting with friends and the wealth of information on the web.

But they also are one step closer to distracting games, sexting apps and social media apps where online bullies are on the prowl. Even older children are not immune: Last year, at least 100 students at a Colorado high school were embroiled in a scandal that involved trading naked pictures of themselves on their mobile devices.

In the end, such cons may outweigh the pros, Ms. Weinberger said. If you hold off giving smartphones to children, many still have access to technology tools through devices like computers and tablets, she added. The main difference with a smartphone is that it is with a child everywhere, including outside of parental supervision.

Teaching Responsibility

Ultimately, parents will determine when their child truly needs a smartphone. When that time comes, there are approaches for testing the waters before handing one to the child.

One popular option is to start the child off with dumbed-down mobile devices, like feature phones that can only send text messages or place phone calls, and to assess whether they can use those devices responsibly.

Lynn Muscat, a parent in San Francisco, said she had considered buying a “dumb phone” for her 10-year-old son to keep in touch while he was at summer camp. She ended up buying the LG GizmoGadget, a Verizon smartwatch that has calling and texting capabilities and a locked-down list of contacts so that her son could interact only with people she had approved.

Ms. Muscat said she did not consider buying her child a smartphone partly because she felt the device would make him a target for muggers. She also was not appreciative of how smartphones had affected other children around him.

“It drives me nuts when I see his friends on it all the time — it seems very antisocial,” Ms. Muscat said. She said she planned to use the smartwatch to teach the responsibilities of using a mobile device safely before her son eventually earns the privilege of carrying a smartphone.

When you decide that it’s time to bestow a smartphone on your child, there are ways to set limits. To help parents enforce rules consistently, Ms. Weinberger has published a family contract listing the rules of smartphone use, which includes promises never to take nude selfies and never to try to meet strangers from the internet in real life. Parents state what the consequences are for breaking the rules, and the child must sign the contract before receiving a smartphone.

Mr. Steyer of Common Sense Media said he set other limits, like no smartphones at the dinner table and no phones in the classroom. If his children break the rules, he takes their phones away.

Parental Controls

There are some phone settings that can help keep children safe when they do get smartphones.

For iPhones, Apple offers a switchboard full of features that parents can enable or disable, including the ability to restrict the Safari browser from gaining access to adult content and the ability to prevent apps from using cellular data. The iPhone’s parental controls live inside the Settings app in a menu labeled Restrictions.

Android phones lack similar built-in parental control settings, though there are many apps in the Google Play app store that let parents add restrictions. Ms. Weinberger highlighted the app Qustodio, which lets parents monitor their children’s text messages, disable apps at certain times of day or even shut off a smartphone remotely. While that can be an aggressive approach to restricting a child’s smartphone, Ms. Weinberger said her job as a parent was not to make her children like her.

“My only job as a parent is to prepare you for the day you leave,” she said. “If that’s the case, I have to keep you safe, and you’re not going to like some of the things I say — and that’s O.K.”

Posted on April 8, 2016July 15, 2016

PreNuptial Agreements

Rachel Grate's avatar image By Rachel Grate January 20, 2016

Prenups: They’re not just for celebrities anymore. In fact, more of your engaged friends may be getting them than they admit. Prenuptial agreements are more popular than ever, and millennials appear to be driving the trend: In a 2013 survey by the American Academy of Matrimonial Lawyers, 63% of divorce attorneys say they’ve seen an uptick in prenups.

“Historically, most people that were getting prenups were people with substantial wealth or family money, or people who were getting married for the second time and wanted to make sure their assets were protected for the kids,” Regina DeMeo, a Washington, D.C., divorce attorney, told Mic.

“Definitely since the Great Recession around 2009 there has been a spike in prenups overall, but the big surprise is the gain in use among the millennials, who often are marrying for the first time and may not have much.”

But despite their growing popularity, there’s still a stigma around prenups. Many people think prenups aren’t romantic, or they’re exclusively used by wealthy people trying to protect their assets against shallow gold diggers. Unfortunately, that fear of judgment discourages couples who’ve signed prenups from speaking up about what they are and how they actually work.

In the spirit of clearing the air, Mic spoke with three prenup experts to find out the truth about prenups — because you can’t decide it’s right for you without understanding what it actually is first.

What is a prenup, and how do you get one?

Think of a prenup as an insurance policy on your marriage that you get to write yourself. At its core, it’s a financial agreement between two parties. (Prenups can’t discuss custody of any future children, for example.)

“A prenup can be as simple as, ‘my stuff before we were married is still my stuff, and your stuff before we were married is still your stuff,” Sandy Arons, a certified divorce finance analyst, toldMic. “Not only that, but it can say, ‘if our marriage only lasts two years you get nothing. But if we remain married five years, you get more.'”

It’s important to take into account that a prenup isn’t foolproof. While all states recognize prenups in theory, in practice each state has different requirements for a prenup to hold up in court, which is why it’s important to follow the proper procedure if you are going to get one.

The first step is having an open financial discussion with your partner and deciding what you want your finances to look like before meeting with an attorney. Once that delightful conversation is over, you and your partner both need independent lawyers so there’s no conflict of interest.

“The laws do differ from state to state, but generally we all want to make sure there is 1. full disclosure of the finances; 2. ample time to review and negotiate; and 3. the opportunity to discuss with your own attorney,” DeMeo said. That means you can’t sign a prenup minutes before walking down the aisle.

Recently, some couples have gotten more complicated with their prenups, with celebrities like Jessica Biel and Justin Timberlake reportedly including “lifestyle clauses” in their contracts that specify how the marriage will work. (Some lifestyle clauses even include requirements as to how many times per week the couple will have sex.) But those clauses rarely hold up in court.

The most common reasons people get prenups, and how to know if it’s right for you “The reason why people sign prenups is because they want to determine how financial issues are going to be resolved in the event they get divorced, instead of having the court determine the issues according to the law,” Robert Wallack, a celebrity divorce attorney, told Mic. “So we call it an ‘opt-out agreement,’ meaning that they’re choosing to opt out of having the court decide according to the laws of whichever state they’re in.”

There are lots of reasons why a couple may want to “opt out.” Now that the double-income household is more standard, old alimony rules feel old-fashioned for many couples. If one partner has a family business, for instance, or an independent retirement account or an inheritance, they may want to make sure that’s off the table as well.

A prenup can also change how assets are divided. A couple may be OK with splitting things 50/50, but if one partner is going to stay at home with kids, they might want more retirement savings while the other partner gets the more expensive car.

There are some new reasons driving millennials to get prenups as well: lack of funds, and potential future funds. Lack of funds are often caused by student loan debt — and people are understandably cautious about getting tied to thousands of dollars in debt. The other motivation is to insure your potential earnings are protected in the future.

“In the last six years, there’s been a real trend upwards for these millennials to get a prenup even if they don’t have money,” DeMeo said. “The potential of having something makes them want a prenup to protect what they could make during the marriage. People who are writers, they may have never once published a book, but if they do one day they don’t want to share their royalties in the case of a divorce.” That’s why DeMeo recommends prenups for any aspiring professional, though not all professionals agree.

Why talking about a prenup could actually be good for your relationship While the question of whether you should get a prenup largely depends on the couple, there’s one wrong answer: Not getting one because you don’t want to go through the awkwardness of talking about it with your partner.

“Research has shown that people would rather talk about their most intimate secrets than talk about money,” Arons said. “More people get divorced over fights about money than any other reason.”

Most experts told Mic the biggest mistake a couple can make is not talking about financial issues before a prenup is even considered. Don’t consider the conversation an interview, just bring it up during a walk in the park. Find out how your partner’s family handled money growing up, and how you would handle your own money as a couple.

“If the conversation is done properly, you’ve already been talking about financial issues for six months, so the prenup is not like hitting you in the face with a frying pan,” Arons said.

“Maybe the prenup discussion leads to the conclusion that they don’t want the prenup, but at least they’ve had the discussion,” DeMeo said. “When someone says, ‘My fiance’s going to freak out,’ that’s always a red flag.”

The bottom line is that although prenups get a bad rap, there’s evidence to suggest that for some couples, they might be a step in the right direction toward a happily ever after. In fact, some experts have suggested that getting a prenup might increase the likelihood that your marriage will be successful.

“Creating a prenup can initiate conversations with your fiancé that will set the stage for open communication about finances through all your years together,” Jeff Landers, a matrimonial finance expert, wrote in Forbes. “Considering how often money is cited as a cause of marital strife, this puts you way ahead of the game!”

In short, talking to your partner about getting a prenup isn’t a red flag so much as it’s about having an open and honest dialogue with your partner about money — and considering you’ve already make the decision to spend the rest of your life with this person, having that conversation shouldn’t be such a difficult step to take.

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Rachel Grate

I’m an avid reader, an enthusiastic eater, a slow but determined runner, and a proud feminist. And a smiler. I’m a big fan of smiles. @RachelSGrate austenfeminist.wordpress.com
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Source: http://mic.com/articles/132479/here-s-everything-you-ever-wanted-to-know-about-prenups-but-were-afraid-to-ask#.jqXYq6g2L
Posted on February 18, 2016

The ‘Quiet Power’ Of Introverts

How Parents And Teachers Can Nurture The ‘Quiet Power’ Of Introverts

Updated February 18, 201611:28 AM ETPublished February 18, 20166:40 AM ET
Elissa Nadworny - 2015 Square
ELISSA NADWORNY
Student hiding under a desk
LA Johnson/NPR

When Susan Cain wrote Quiet: The Power of Introverts in a World That Can’t Stop Talking in 2012, it was a big success. The book made the cover of Time magazine, spent weeks on the New York Times best-sellers list and was the subject of one of the most-watched TED Talks, with more than 13 million views.

From that grew The Quiet Revolution, a company Cain co-founded that continues to produce and share content about, and for, introverts. The site offers an online training course for parents and stories submitted by readers about being introverted. There’s even a podcast.

Kids, Cain says, “are at the heart and center of it.”

“Introverts often are really amazing, talented, gifted, loving children, and they feel like there’s something wrong with them,” she says. “And our mission is to make it so that the next generation of kids does not grow up feeling that way.”

Quiet Power
Quiet Power

The Secret Strengths of Introverts

by Susan Cain, Gregory Mone, Erica Moroz and Grant Snider

Hardcover, 288 pages

purchase

In her latest book, Quiet Power: The Secret Strengths of Introverts, she’s taking her message about introverts to teenagers. Though the book is written for young adults, it’s also a tool for teachers and parents.

I talked with Cain about her mission of supporting introverts, and asked her advice on how to teach them.

So what does it mean to be an introverted child?

It’s really not different for a child than for an adult. It’s a person who feels at their best and at their most alive when they’re in quieter, more mellow environments. And it stems from a neurobiological difference between introverts and extroverts. Literally, different nervous systems. Introverts have nervous systems that simply react more to everything that’s going on around them, and that means they feel more in their sweet spot when there’s less stuff happening. And extroverts have nervous systems that react less, which means that they don’t get to their sweet spot until there’s more stuff happening. And so this is why you see these different behavioral preferences. An introverted kid would rather draw quietly or would rather play their favorite sport with one or two other kids. A more extroverted child would rather be part of a big gang and a big noisy birthday party, and not only not be fazed by it but seem to really relish all that stimulation.

And it’s different from being shy?

It is different. Shyness is much more about the fear of being judged. It’s a kind of self-consciousness and not wanting people to look at you and feeling easily embarrassed or easily shamed. These are all the feelings that a shy child would have. And in practice, many introverted children are also shy, but many are not, and you can also have children that are quite extroverted but who are shy, and as soon as they overcome their shyness, you see them being in the middle of the big gang. So it’s really important when you’re working with children to understand what is actually happening inside them so that you make sure that you’re responding to the right thing.

So let’s talk about schools. Where do they come in?

You know, lots of schools are really hungry for information on how they can do a better job of working with these kids.

They’re asking good questions: What indeed are the right ways to think about class participation? And are we over-evaluating as an educational culture? We overvalue the person who raises their hand all the time. Why is that important? Do we overvalue in quantity, as opposed to quality, of participation? Are there ways to think about class participation differently? Like we [at Quiet Revolution] have been encouraging schools to think in terms of classroom engagement rather than participation. Take a more holistic way of looking at how a child is engaging with this material or with their classmates.

Illustration from "Quiet Power"
Grant Snider/Dial Books for Young Readers

One of the anecdotes I loved in the book was when the teacher had her students think for a minute before answering. What other kind of good ideas or tips can teachers use like that?

Another idea is the think/pair/share technique, which I think many teachers are familiar with already, but may not realize the power of it within a population of students. This is a technique where the teacher asks the students a question; asks them to think about the answer. They pair up with another student to talk about their reflections. And then, once they’re paired, once they’ve articulated it with that partner, then you ask each pair to share their thoughts with the room as a whole. And this does a lot of great things for introverted kids. No. 1, it gives them the time to process. No. 2, it allows them to get the experience of articulating their thoughts out loud. But in front of only one other student, they don’t have to do it in front of the whole class. And then, often, once they have had that warmup period with one other student, they’re then much more likely to want to share with the whole class.

So this is a technique that works, it works equally well for introverts and extroverts. It’s great for the extroverts, too, but it just happens to work well with the more reticent kids.

What do you think about using social media or technology in the classroom? Helpful for introverts? Harmful?

Helpful. Well, of course social media is such a big thing, so for introverts, there are pros and cons. But my first impulse is to say helpful, and there are teachers now who are starting to incorporate social media into their classrooms and report that the more reticent children are much more likely to participate when their means of expression is through their screens. They can type their answer into a screen, the other students then see what they have written or typed or whatever, and then “real life” dialogue begins based on the initial ideas that were contributed through the screen.

So in general I’m a big fan of social media. I think incorporating it creatively into the class can work. If we’re talking about it as an educational technique, then I am all for it.

This brings me to another school-related trauma: the public speech. Should teachers kind of push introverts along, out of their comfort zone?

Yeah, so I think that it’s important, of course. The key, if we’re talking about public speaking or really anything that kids are fearful of, is to think of anxiety levels on a scale of 1 to 10, and to make sure you’re pushing kids within a zone of 4 to 6.

If you have a kid who is really freaking out, they’re really in that 7-to-10 zone, it’s just too dangerous to push them at that point. They might succeed, they might, you know, do well and feel this is great. But there’s too big a risk of it backfiring and the experience going poorly and the fear being further codified in their brain.

So you’re much better off meeting a fear in small steps. The answer is not: ‘OK, you never have to do … ‘ The Answer is: “OK. You’re afraid of public speaking. Why don’t you prepare your speech and work on it first with your best friend?”

Give the speech to your friend. And then, when you’ve done that, maybe you can give it to another, smaller group. From there, you work up in stages, to finally giving the all out speech. You look for ways to make the experience less anxiety producing.

In the book, you mention that loving the topic can help kids get into their speech.

Making sure that the child is speaking about a subject that they’re truly passionate about and excited to speak about is important. Because again, this is … biochemical. If you tap into your body’s behavioral activation system by speaking about something you’re excited about, then that overcomes the body’s behavioral inhibition system. Which is the system in your body telling you, stop. Slow down. Get the heck off the stage. So it does require extra work on the part of the teacher and an extra degree of thought and care, which I recognize is not always easy, you know, for overburdened teachers. But it goes a long way.

What about group work? Is that good for introverts?

In my experience, it depends a lot on how the group is structured. How carefully it’s structured. Because I’ve seen group work where it works really well, you’ve got kids who work well together, everybody knows their role. That can be a really positive experience. And then I’ve seen big free-for-all groups where it’s Lord of The Flies and you’ve got the most dominant kids taking over. Everyone else is checked out. So it can really go both ways.

Source: http://www.npr.org/sections/ed/2016/02/18/465999756/how-parents-and-teachers-can-nurture-the-quiet-power-of-introverts

 

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