IN RE THE MARRIAGE OF WALTERS
2025 OK CIV APP 3
| Okla. Civ. App. | 2024Background
- Mary Kathryn (Mary Kate) Walters and Ryan Walters married in 2006 and divorced in 2019; they have two young children.
- At trial, Mary Kate sought sole custody, permission to relocate with the children to Shreveport, LA, support alimony, child support, and attorney fees.
- The trial court found that Ryan committed domestic abuse during the marriage and granted most of Mary Kate’s requests, including sole custody and permission to relocate.
- The district court awarded Mary Kate a portion of her requested attorney fees, citing the mandatory fee-shifting provision for domestic abuse victims.
- Both parties appealed: Ryan challenged the abuse finding and related awards, while Mary Kate argued the fee award was insufficient under the statute.
- The Oklahoma Court of Civil Appeals affirmed most of the trial court’s decision, but vacated parts relating to life insurance security for support and the calculation of attorney fees, remanding for further proceedings consistent with the law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Domestic Abuse Finding | Ryan: Abuse finding was erroneous | Mary Kate: Abuse proven with testimony | Finding upheld; evidence supported domestic abuse |
| Attorney Fees (Amount & Basis) | Ryan: No basis for fees; not the intent of statute | Mary Kate: All post-petition fees mandatory under statute | Abuse finding triggered mandatory fees; remanded to calculate a substantial, reasonable amount |
| Sole Custody & Relocation | Ryan: No basis for sole custody or relocation | Mary Kate: Demonstrated inability to co-parent; relocation in good faith | Sole custody and relocation affirmed; record supported findings |
| Life Insurance Security | Ryan: Security should cover only unpaid, accrued amounts if he dies | Mary Kate: Order as written is sufficient | Provision vacated; security may only cover amounts due and unpaid at death |
Key Cases Cited
- King v. King, 2005 OK 4, 107 P.3d 570 (explains equitable balancing for attorney fees in dissolution cases)
- Abrego v. Abrego, 1991 OK 48, 812 P.2d 806 (limits support/alimony insurance security to unpaid, accrued amounts)
- Younge v. Younge, 2002 OK 12, 41 P.3d 966 (sets standards for support alimony security in divorce decrees)
- Ray v. Ray, 2006 OK 30, 136 P.3d 634 (burden of showing need for support alimony)
- Foshee v. Foshee, 2010 OK 85, 247 P.3d 1162 (joint custody inappropriate where parents cannot cooperate)