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Questions Answered by Joanne Reisman
1 Answer | Asked in Family Law for Oregon on
Q: I live in Oregon 3 children 5,8,11 have an agreement to pay cs, ex is going on ssdi does that affect me pos. Or neg?

Just curious if this affects me such as I still have to pay or can get it modified to less? I am a low income pay earner at present

Joanne Reisman
Joanne Reisman answered on Feb 26, 2020

Once your ex qualifies for SSDI the children under age 18 will also be entitled to get social security checks I believe. So the child support needs to be recalculated using your ex's SSDI, your income, and somehow the SS payments to the children also need to be factored in. I would have to look... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Social Security for Oregon on
Q: Can a house that is in a Supplemental Needs Trust be transferred to a private party?
Joanne Reisman
Joanne Reisman answered on Feb 26, 2020

Supplemental Needs Trusts are very tricky and if mismanaged can cause the beneficiary to be deemed to have assets that are counted against their eligibility for Medicaid which is usually the purpose of setting up the trust. To insure that you get good advice you need to take the trust to an... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: What forms do we need to file with the courts to become executure of the estate
Joanne Reisman
Joanne Reisman answered on Feb 22, 2020

Assuming this is an Oregon Case, there are no do-it-yourself forms for probate. You really need to speak to a lawyer. Also a probate may not be necessary.

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1 Answer | Asked in Child Custody and Divorce for Oregon on
Q: My wife left me and my son a few months into our marriage but she won’t sign the divorce papers how can I get divorced

I also have our son (3) and have been taking care of him full time and want custody but I’m not on the birth certificate due to emergencies in the hospital, our son was flighted and my wife couldn’t go so I went with him and missed signing it how can I get full custody. She’s been gone and... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 21, 2020

I think there is a presumption that you are the legal father since you were married to the mother. You can probably file for a divorce and include allegations to establish your paternity as well. It's a bit tricky and the on line forms probably aren't set up to do this, so get an Attorney to... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I'm turning 17 in the next couple of months and I am getting emotionally abused, I have a job, am I able to move out?

I have depression also and my parents just harp on me and I have gotten to the point that I cannot handle it anymore because I am starting to get bad grades, and I no longer can see friends because of it. It has been happening for 5 years now and I cannot handle it anymore

Joanne Reisman
Joanne Reisman answered on Feb 21, 2020

I think every 17 year old feels a mixture of hormones and depression that makes life challenging at that age. You are still legally a minor with no rights to contract so you can't rent an apartment among other things. Getting good or bad grades is something you can control so I would focus on... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: Need to file a motion to modify parenting time (specifically to overnights) and lower child support in Washington Co OR

There is a Judgment entered that I never agreed to or signed granting only visitation 3 days per week for 1.5 hours each time. My visitations were suppose to progress to more parenting time gradually; however, bio mom makes excuses as to why I can’t visit at certain times. My work schedule varies... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 20, 2020

It sounds like you are still following the parenting plan for a new born. At one year of age you should be able to take your child for overnight visits. You will need to pin down a consistent day on which you get your overnight visit however as it is just too hard for the other parent to... Read more »

2 Answers | Asked in Bankruptcy and Consumer Law for Oregon on
Q: My attorney won't return my calls. I've already paid her for bankruptcy services.

What can I do and please tell me how to find FREE legal services in Portland Oregon? I'm asking for FREE services as my attorney took the money I had for filing my bankruptcy.

Joanne Reisman
Joanne Reisman answered on Feb 14, 2020

I'm a bit confused. Your location says Los Angeles so are you sure you need an Oregon Attorney? Also did your Attorney file or not file your bankruptcy? Are you correctly stating that you paid the full fee your Attorney required prior to filing your bankruptcy or is the situation that you paid... Read more »

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1 Answer | Asked in Family Law for Oregon on
Q: Im 16 and i want to move out with my girlfriend because me and my mom are not in good terms, what should I do?

Me and my mom haven’t been in good terms and I have a child already and I just want to move out of the house to live with my girlfriend but I don’t know if it is legal

Joanne Reisman
Joanne Reisman answered on Feb 10, 2020

You are a minor so you have no legal rights yet. You can't sign a contract or at least no contract you sign will be legally binding until you are 18. Your mother is legally responsible for you until you turn 18. So no, you don't have adult rights to decide where you want to live and to be... Read more »

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: My son's father has sole custody. He uses drugs everyday. How do I get the court to order a hair follicle test?

I can't afford an attorney, but can afford to pay for the hair follicle testing of drugs. I would also like to pay for my own hair follicle test to be used in court.

Joanne Reisman
Joanne Reisman answered on Feb 8, 2020

I can't think of any easy way to do this. I would focus on objective evidence of how the father's behavior is negatively impacting your son. You are going to need a lawyer to help you with this most likely. But look for things like school records showing that your son isn't doing well or that... Read more »

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1 Answer | Asked in Family Law for Oregon on
Q: I need urgent advice on the laws in Oregon regarding child custody

Six months ago my divorce was finalized. I got sole legal custody of my 16 year old, who now lives with me full time. If the child suddenly changed their mind and wanted to live with the other parent, and moved all their stuff out of their home, and into the other parents home without permission,... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 7, 2020

You are in a tough situation. As between you and the other parent, the other parent has to defer to you being awarded legal custody. But be careful what you wish for because if the other parent refuses to allow your 17 year old daughter to move in then there is nothing stopping your 17 year old... Read more »

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: I am a low income mom looking for a divorce lawyer that will help me for free. Thank you
Joanne Reisman
Joanne Reisman answered on Feb 5, 2020

Unfortunately the availability of free or low income legal services in Oregon are scarce. You can call Legal Aid (LASO) but they only take a certain type of cases so they are very limited. https://oregonlawhelp.org//resource/oregon-legal-aid-offices

The Oregon State Bar offers Lawyer...
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1 Answer | Asked in Divorce for Oregon on
Q: Can my ex wife go after me for money even though we’ve been divorced for 3 years?
Joanne Reisman
Joanne Reisman answered on Feb 3, 2020

It depends. Once a divorce is final as to property it can't be re-litigated. Spousal support has to be awarded in the original divorce or it can't be requested later. If spousal support is in the initial divorce, then a proceeding can be filed to amend or extend it so long as it is still in... Read more »

3 Answers | Asked in Bankruptcy for Oregon on
Q: I am thinking about filing for a bankruptcy, but have co-signed for a relative on a vehicle.

What problems will this cause my relative if I file.

Joanne Reisman
Joanne Reisman answered on Feb 3, 2020

It shouldn't cause a problem unless the purchase papers have some type of clause that triggers something when the co-signor files bankruptcy. You and the purchaser should review the purchase documents that you co-signed. I would be surprised if there was anything but since I can't assume there... Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Oregon on
Q: Our house is for sale and under contract. The buyer placed an ad to rent out our house. Is this legal?

The buyer, without our knowledge, approval or consent placed an ad to rent our house. The ad was an almost exact copy of the listing description. They included two pictures of our property in the ad. They even had people scheduled to tour the house 2 weeks before the closing date!!! The only... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 3, 2020

They would be entitled to rent the house once the sale closes. But it sounds like they acted prematurely. I wouldn't jump to conclusions without knowing the facts. Have your real estate agent contact their real estate agent and get this sorted out, ie no rental advertisements until the sale... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Oregon on
Q: I live in a house that is owned by my dad. My husband and I pay my dad the mortgage he took a loan for to help us get in

if he dies and his estate settles the mortgage of the loan, and I take less of the inheritance to pay back the loan, does my sister get to claim half of the equity of the house we live in? we have paid interset and monthly in this house she has not paid a dime. Also, he is thinking of just selling... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 3, 2020

You need to go see a lawyer. You can have all sorts of problems when you are buying a house but the house is held in someone else's name as is the mortgage. It sounds like you need a contract for the sale of the house from your dad to you to memorialize what is really going on, ie your dad helped... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: Is a tenant considered in the first year of tenancy after the end of a 12 month lease in Oregon?

Tenant has lived in house 2 years 1 month.

Has had two 12 month leases that ended at this residence last one ended in December 2019

Tenant now has a month-to-month tenancy

I want to sell the home and need to know if I can give the tenant 30 days notice for the first year... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 2, 2020

This is a landlord tenant law question. Try re-posting under Landlord Tenant as the category.

1 Answer | Asked in Family Law for Oregon on
Q: I have sole custody, can her dad sign any consent forms?

I found out he opened a bank acct, and put my daughter on it (if your under 18 a parent has to be attached to the minors acct) without my knowledge, so he could transfer her money without me knowing. Seems great contributing more to the child right? But he bought her clothes, then I also gave her... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 2, 2020

In theory, Dad can do what he wants with his money including giving your joint daughter money, absent some court order that says otherwise. It sounds like the real problem is how this might be a bad parenting idea, ie giving money to a minor if the minor is not mature enough to handle the money,... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Is my motion granted?

Hood river Oregon. I filed a motion for prejudgment temporary order in a custody case.

A few days ago the lady at the courthouse gave me a packet of papers to serve to my wife and on the front page is an order to show cause and on it it says the motion is granted with the Box check... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 2, 2020

I suspect the motion that was granted was your motion for an order to show cause. In other words, you made a motion to ask the court to set a hearing date and the motion was granted and a hearing date is not set. That's all you have accomplished so far. The hearing date is the opportunity for... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: If a claiming successor (only sister of deceased brother) has two children, then the estate is divided equally in Oregon
Joanne Reisman
Joanne Reisman answered on Jan 27, 2020

Your question doesn't make sense. Filing a small estate's affidavit as a claiming successor doesn't mean the person is an heir. You have to follow the devises per the decedent's will and if there wasn't a Will you have to follow Oregon's intestacy laws. You also have to pay the decedent's debts... Read more »

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1 Answer | Asked in Family Law for Oregon on
Q: I want to do a DNA test with my 2 kids biological fathers sister without him knowing how do I do this

Domestic violence

Joanne Reisman
Joanne Reisman answered on Jan 26, 2020

Why would you want to test the Aunt's DNA?

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