If the custody order was entered in an Oregon court, you should immediately file a motion to enforce parenting time. The court will hold an expedited hearing on your motion. Sanctions for wrongful withholding of parenting time range from make up parenting time for the parenting time missed to... View More

Depending on the exact language of the deed to the property, your sister may not be the sole owner of the entire property when your mother passes. If the deed does not expressly provide that the surviving owner becomes the sole owner of the property upon the first owner's death, then your... View More

The past due child support that accrues before the child reaches age 18 is still owed to the custodial parent. If the state is enforcing the support award, the payor is typically required to pay an additional 20% of the current support award to apply toward the past due support. If all children... View More

Spousal support, once ordered, can be modified or terminated later based upon a substantial unanticipated change in economic circumstance. If your support was later modified or terminated, you may be able to get the original support award reinstated in Oregon, if the reason for the termination of... View More

If you are already residing on the property, then the trustee must commence an FED action to evict you from the property. That should give you the time you need to evaluate your rights.

The answer depends on the wording of the child support order but generally, child support in Oregon continues past age 18 and up to age 21 if the child is over age 18, attending school on at least a half-time basis, is passing, and is working toward a degree. The obligation to pay child support... View More

You should first review the rental agreement you have with your landlord to determine your rights. The landlord may be required to make accommodations for you if the smoke is adversely affecting your health, as documented by a health care professional. You may also have a nuisance claim against... View More

If there is already a court order for custody, then you should file a motion to modify custody. If there is no court order for custody, then you should file a new action to obtain custody of your child. You should also object to the guardianship proceeding. You don't automatically get full... View More

Assuming all other options, including direct negotiation, mediation, PRs' rejection of a written offer, etc., then you may file an action with the court asking the court to provide instructions on how to proceed.

The executor or personal representative of an estate has a fiduciary duty to administer the estate according to the terms of the will, or if there is no will, according to the laws of intestate succession. These duties include inventorying the estate, taking possession of estate property,... View More

If you went through the small estate process, you are the claiming successor, not the personal representative of the deceased person's estate. There are some title companies and banks that will not honor an affidavit of claiming successor. I suggest you provide the title company a copy of... View More

You will need a court order appointing you as personal representative of your father's estate. Once you get that court order, the clerk will issue letters testamentary. That is a document signed by the court that states you are authorized to act on behalf of your father's estate.

You have the right to take both children and leave him to get a divorce. He also has the equal right to take his bio child and file for divorce. To obtain legal custody of his non bio child, he will have to overcome a presumption that you are acting in the child's best interests. That will... View More

If you purchase the car in your own name after separation, that car will likely be considered your separate property and you will retain it. It is possible but not likely that your wife could be awarded the car. For example, if your wife's mother takes her car back and your wife has to... View More

If you've made reasonable efforts to personally serve him to no avail, you may ask the court for an order authorizing service by publication. If he doesn't respond within 30 days, then you may obtain a default custody judgment. Once you have the custody judgment, you can obtain a writ... View More

You are not liable for your husband's judgment if he incurred the debt before the marriage. If he incurred the debt after the marriage date and the debt is for a family purpose, such as for his medical expenses, you could be responsible for the debt. But the creditor would have to pursue a... View More

Yes. You don't need to name a Personal Representative (executor) in your will. If you don't name one, the court will still have to appoint one to administer the probate of your estate, and the one appointed will have to post a bond to serve as Personal Representative. The cost of the... View More

You could file a motion with the court to modify the custody order that awarded legal custody of your child to her father. If there is no legal custody order, then you can file a new case with the court seeking legal custody of your daughter. Before pursuing these options, you should try to... View More

If your ex spouse is fraudulently transferring assets to his current spouse in order to avoid his support obligation, you can sue both of them based upon the fraudulent transfers. Proving the fraudulent transfer may be difficult. That is your best option if you want to pursue a claim against the... View More

If you and your spouse own the home together, the surviving spouse will receive the home. If you have a will and are not married, your named beneficiary will get your house when you die if you alone own the home. You should consult with an attorney for specific advice regarding your circumstances.