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2 Answers | Asked in Family Law and Real Estate Law for Oregon on
Q: In OR unmarried couples that live as married have rights dividing assests and real property like married people
Joanne Reisman
Joanne Reisman answered on Oct 15, 2019

An unmarried couple breaking up and file a dissolution of a domestic partnership. There is a major difference in this type of proceeding from a divorce. Oregon Law renders a presumption that married people share everything equally. There is no such presumption for an unmarried couple. Rather it... Read more »

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oregon on
Q: Can the amount of child support be changed without notifying the parent who receives it?

I have received the same amount of child support for seven years now. My sons father has not changed jobs and is earning the same wage as before. However, the last 5 months I have received 1/4 of the court ordered amount. I found out that his girlfriend recently filed for child support of their... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 9, 2019

Hopefully your support is being collected for you by Oregon's Support Enforcement. You need to call them and find out why the amount forwarded to you has gone down. Some reasons it can go down could be he didn't pay the full amount or he lost or changed jobs and the maximum they can garnish is... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: Where to file small estate claim?

My father was killed during the scope of his work out of state. My mother has been told that she must open a small estate case in Idaho and not in Oregon where they live. Is this correct?

Joanne Reisman
Joanne Reisman answered on Oct 9, 2019

If your father lived in Oregon at the time of his death and there is property in Oregon that needs to be transferred to heirs or devisees, then Oregon is the right place to file either a small estate's affidavit of a probate. But neither process is required by the law and you mother really needs... Read more »

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1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: If the father isn't on the birth certificate, do I already have sole custody? Do I need to file for it? How do I file?

I know who the father is but he won't comply with child support and I need to apply for custody of both of our kids. He is only on 1 birth certificate. I need to know how I do that. I have custody forms but it asks for paternity. We were never married.

Joanne Reisman
Joanne Reisman answered on Oct 9, 2019

Go to the child support division of your local district Attorney's office and apply for assistance with child support. They will take care of both child support and proving paternity. Once paternity is established you can use the court forms to apply for custody. Just be aware that the court can... Read more »

3 Answers | Asked in Divorce for Oregon on
Q: My husband took all our money out of our joint bank account and put in a bank account with just his name on it?

.

Joanne Reisman
Joanne Reisman answered on Oct 9, 2019

I would use your next paycheck to pay for a consultation with an experienced family law lawyer and discuss what is likely to happen in a divorce. Whose name property is in won't stop the court from dividing assets. You are entitled to 1/2 of the net value of all marital property acquired during... Read more »

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1 Answer | Asked in Car Accidents for Oregon on
Q: I had an accident. Nobody was hurt. My car and his car were slightly damaged to my bumper and to his wheel.

No witness, no proof to prove someone's fault. We said, "we are OK, no one hurt, just small damage". However to repair his car (I don't need to repair my car) he said he was going to call his insurance company that day later or tomorrow, and so did I. After one day leaving the scene, I reported... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 8, 2019

Your statement is really vague. You can at least tell your insurance adjuster what you know (ie the street you were on, the direction you were driving, what lane you were in, when you first notice the other car, etc) and let the two adjusters figure it out. They will consider stuff like whether... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: I have sole custody in Oregon and let my son move to CA with his dad. Does his dad now have physical custody?
Joanne Reisman
Joanne Reisman answered on Oct 8, 2019

The original custody order still applies until the court orders a change. However the fact that your son moved to live with his father to California may persuade the court to change custody to the father. It also may depend on how long your son has lived with his father. You really haven't said... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: If I take my daughter to Alaska from to visit her dad take her
Joanne Reisman
Joanne Reisman answered on Sep 29, 2019

I don't understand what you are asking. Please re-post with more clarity.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Oregon on
Q: my brother killed himself with his girlfriends gun, she left it out. Her ex killed himself too. she didnt call the cops

is there anything we can do to make sure there is not a third person this will happen to

Joanne Reisman
Joanne Reisman answered on Sep 28, 2019

This isn't a legal question. However using common sense would go a long way to prevent such tragedies. You and the surviving members of your family should either get rid of any guns you have in your homes or be a responsible gun owner and get a secure gun safe and store you guns there. If... Read more »

3 Answers | Asked in Criminal Law, Contracts and Business Law for Oregon on
Q: Is this a civil or criminal issue?

I was working with a guy on his business. I created a website for him and I was working on a crowdfunding campaign for him. I guess I didn't complete the project fast enough for him and now he is saying he is gonna press charges on me for fraud and theft and contacted a lawyer. Is this a civil... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 25, 2019

What you are describing sure sounds like a civil issue. The police pretty much avoid getting involved in civil disputes. It sounds like just a threat to see if you will get scared and do whatever he is asking you to do. If you are concerned you might want to contact your own lawyer to discuss... Read more »

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3 Answers | Asked in Estate Planning, Tax Law and Probate for Oregon on
Q: Hi, my name is wing I need help for my next steps

Hi, my husband just passed away and without will because he got a stroke is die very fast. Last Oct 2018, his daughter introduce a lawyer for him so we designed to made a trust. On the first meeting my husband said l can using all the rent income for ten years until our daughter Graduates but the... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 24, 2019

You can't get specific legal advice here on Justia. This forum is just for very general question so Attorney's can help people know where to start looking for legal help. I am afraid your problem is not something that a general suggestion will resolve. You need to pick a lawyer you want to work... Read more »

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1 Answer | Asked in Family Law for Oregon on
Q: I was married for 28 yrs and have been divorced 12 yrs. My ex was court ordered to pay spousal support of $1,000.

I have never received a penny! He lost his business because of gambling and drinking and so lost his income. So I never went after him for support. He now is on S.S. and I need to have it garnished. We were married in Multnomah co. Or. I live in Prineville, Or

Joanne Reisman
Joanne Reisman answered on Sep 23, 2019

If he has any assets like a house it might be easier to foreclose your judgment lien on his house or other assets he has. Social Security is generally exempt from garnishment but there may be an exception for spousal support. I'm not sure. I know there is an exception for child support. If he... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: My dad died a few years ago and his estate went to his new wife. Now she is dead. My sister is executor and she is dead.

Im next in line house is in calif. What do i do?

Thank you

Joanne Reisman
Joanne Reisman answered on Sep 23, 2019

Not sure what you mean by you are next in line. If this is in California you need to be communicating with a probate lawyer in California.

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1 Answer | Asked in Personal Injury for Oregon on
Q: If a neihbor on our HOA property rides a bike with no helmet and gets injured can the HOA and/or we be sued?

My house is part of a condo HOA and sometimes the kids from the neighboring apartments come over to play with my kids. They will often ride their bikes around the parking lot. But my wife and I are concerned because they do not have helmets. So if they are riding their bikes on the HOA property... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 17, 2019

Premises liability is very complicated. The best thing you can to is to make sure you have good home owner's insurance and high policy limits. Oregon law requires children to wear helmets but it is really up to the parents to enforce this. You are not liable for what children do or the parents... Read more »

2 Answers | Asked in Contracts for Oregon on
Q: a Statutory Bargain and Sale Agreement includes this sentence: "Members of the XXXX families and their heirs shall be

entitled to use the recreation facilities.."

Is this legal under Oregon Law to extend those rights forever ?

Joanne Reisman
Joanne Reisman answered on Sep 16, 2019

No responsible lawyer would give legal advice in this manor. A lawyer needs to read the entire document and learn what the background story is that gave rise to the document in the first place. Take the deed to a lawyer along with any other relevant documents and get proper legal advice.

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oregon on
Q: Dtatus Quo Order not being follows by wife. Nothing I can do?!

She left 08-01-19 and took out son to her parents over 60 miles away. A week later I submitted the paperwork I needed to and included a motion for Status Quo. That was signed as an order 08-12-19. Her lawyer was given copy in court (had court for Ex Parte which was dismissed) and was told by the... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 15, 2019

Your lawyer should set a date for a hearing to determine temporary custody and temporary parenting time. But it is likely that your wife will also ask for temporary child and spousal support. This isn't just about her moving to her parents house. It is about transitioning from married to... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: If a previous property owner planted hedges on a neighbor's property, as a new owner am I responsible for removing them?

I am set to close on a house, and was shown a letter wherein the neighbor is threatening me with legal action if I don't remove hedges that were planted on her property 10+ years ago. I do not even own the property yet, so don't see how I would ever be responsible for encroaching hedges on her... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 11, 2019

If you haven't closed on the property show the letter to the seller and let them deal with it.

2 Answers | Asked in Probate for Oregon on
Q: My aunt was the personal representative and the court removed her as the person pr. Is she entitled to the full pr fee?

After she was removed as p.r. the court appointed a lawyer. The lawyer decided to take the alternative fee which is his hourly rate. My question is my au t after being removed entitled to the full p.r of 21k. She already recieved through the court 6k for her work.

Joanne Reisman
Joanne Reisman answered on Sep 10, 2019

This isn't something that can be answered by reading your post on Justia. The PR fees is normally requested as part of an accounting and the court has to approve it. It isn't automatic. Anyone entitled to notice of the accounting can file an objection and state their reasons for their objection.... Read more »

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1 Answer | Asked in Family Law and Child Support for Oregon on
Q: The Division of Child Support say's I owe over $16.000 dollars in back child support. How can I find out if that is true

And how can I find proof of the payments to my ex. and how can i correct this and stop it from garnishing my wages if i believe it not to be true.

Joanne Reisman
Joanne Reisman answered on Sep 9, 2019

Retrace the payments you made then request a printout of the payments processed by the division of child support and compare the two. If you paid by check then go back to your bank and get bank records. If your payments were from wage withholding then go back to your employer and request your... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Oregon on
Q: Ex is currently leasing marital home from me. Can I force her to just sell the house?

Initialy had the home sold, she would not agree to sale. She wanted two years to rebuild her credit and buy me out. She signed a lease, she has been late on paying the mortgage the last two months. I would like to just sell the home and finally go our separate ways on this. Can I force her to... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 9, 2019

The answer really depends on what your divorce judgment said with respect to the house. If you weren't married then maybe you need to resolve this with a dissolution of a domestic partnership proceeding.

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