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Questions Answered by Vincent J. Bernabei
1 Answer | Asked in Family Law for Oregon on
Q: How to request a new spousal support hearing after the ex husband committed perjury (she has legal proof)

His lies reduced her spousal support ( which in reality was the amount the previous Judge decided ( she is older and her ex stole a lot money from her again, with proof since a forensic accountant was hired and so it was revealed in Court ) but she got, I understand, a really weird Judge who first... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 4, 2017

You can provide support and encouragement and perhaps even financial assistance, but it is up to the woman to pursue her case and enforce her support award. She, not you, should contact a family law attorney in her area to determine her best course of action.

2 Answers | Asked in Family Law for Oregon on
Q: How can I get custody of my niece and nephew?

I have been taking care of my niece and nephew for the past 7 years. My sister had signed a POA at the time I took them and last year signed guardianship paperwork but I didn't take it to the court because the bio father started texting my mother. During the 7 years they were with me my... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 3, 2017

You could file a petition for custody and support of the children, or intervene in any court proceeding involving the children that has already been initiated. Oregon law provides that any person, including but not limited to a related relative by blood or marriage, who has established emotional... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Constitutional Law for Washington on
Q: Can I sue Walmart?

Last summer I was arrested for a crime that occurred at a Walmart store.I told them I didn't do it but the clerk positively identified me. I was arrested and did a week in one jail where I was beaten up and my two front teeth knotted out I also had blood in my urine. Then I was finally bailed... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 3, 2017

You may have a valid claim against Walmart for false arrest and related claims. You should contact an attorney in your area to determine whether your claim is worth pursuing. It is truly unfortunate that you had to go through such an ordeal because of faulty eyewitness evidence. Studies... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Oregon on
Q: How long do i have to stay with my dad after i turn 18?

So i will turn 18 this summer and my dad will have custody of me and i don't like being there how long do i have to stay with him after i turn 18 do i have to stay all summer or after i turn 18 can i leave.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 29, 2017

Once you reach age 18, you are considered an adult. Neither of your parents has custody of you. You can live wherever you want once you reach age 18. You should carefully consider your options before making your decision, and share your concerns with your father and others. This is a situation... View More

2 Answers | Asked in Family Law and Domestic Violence for Oregon on
Q: Petitioner wants to revisit FAPA-RO, for Em. $ Assit. HOW DO I. Judge said not what RO was for/Not going to allow

25yrs him $600,000. me $0, NO MONEY! not on accounts and I mean ZERO $ church is paying to keep me off street. HE IS A DEADBEAT! NO LAWYER has time they all want $$ upfront. no legal aid, no help so your answer needs to be tangible not with disregard. I HAVE FOLLOWED THE PAMPHLET PATH from home to... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 27, 2017

The judge has ruled. You can accept it or you can appeal it, which could take several months to years to resolve. If you need financial assistance from the other party, you should consider filing an action for divorce or legal separation if you are married to the respondent and seek a temporary... View More

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2 Answers | Asked in Family Law for Oregon on
Q: Can a non biological father get visitation rights to see their son?

I am a divorced father of a 4 year old and 7 year old sons. I am the biological father of my 4 year old and have joint custody of him. How ever I am not the biological father of my 7 year old. They have the same mother. I got together with my ex-wife when she was pregnant with the 7 year old. We... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 19, 2017

Joanne is once again correct. Also note that if in the divorce judgment, the court determined that you are the legal father of the 7 year old, then you are entitled to parenting time with him even though you are not the bio father.

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2 Answers | Asked in Family Law for Oregon on
Q: Can the aunt of a toddler motion for temporary custody under immediate danger statutes

Father motioned against mother and it was granted, it was recently vacated but mother is in residential treatment for meth use. It turns out the father is also using and selling meth out of the house with the child. The childs aunt has been the childs daycare provider since child was 3 months old... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 18, 2017

Any person who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child may seek custody or visitation rights with respect to the child. You should contact an attorney to determine the best approach for asserting your rights to custody of... View More

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1 Answer | Asked in Divorce for Oregon on
Q: what is the difference between a money award and spousal support in Oregon?

I was told the money award is not taxable unlike spousal support, it this correct?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 15, 2017

That is not correct. A money award is an award of money. It could be support or an equalizing (or equitable) property award. A property award is generally not subject to taxation, but a spousal support award is subject to taxation (and deductible by the payor) if certain requirements are met.

3 Answers | Asked in Probate for Oregon on
Q: dad left a will to his house to Mom and I. owe 50g's how do we keep from losing it? make payments on his debt?

My uncle is the executor and says we have to sell the house to pay off his debt. Is there some way to make payments? The house only has a $50,000 balance. My uncle is trying to sell everything to pay his debt and leave us with none of his personal things that have sentimental value. His truck was... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 15, 2017

Your uncle as personal representative of your father's estate has the responsibility to pay all creditors if assets are available. Still, there may be options available other than selling the home and personal belongings. If the only debt is the $50,000 owing on the home, then you and your... View More

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2 Answers | Asked in Domestic Violence and Family Law for Oregon on
Q: If my husband is disable trought VA and social security and we been marry since 2004 , and I suffer domestic violence

And suffer domestic violence for most of the time in been marry and don't work and suffer for pstd, and depression, what rights I have I can have spousal support o alimony, we buy a house just 1 year and 1/2 ago

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 14, 2017

There is no easy answer to your question. You should consult with an attorney to get specific advice relating to your unique circumstances. Generally, the court considers the following factors in determining the amount and duration of spousal support in Oregon.

(I) The duration of the...
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1 Answer | Asked in Personal Injury for Washington on
Q: A piece of medical equipment fell of the wall in a hospital I was in and hit me

on the head while I was waiting for a test - is the hospital liable?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 8, 2017

The hospital may be liable for your injuries if hospital personnel knew or should have known of the hazardous condition, or created the hazardous condition. You should consult with an attorney to determine the validity of your specific claim.

1 Answer | Asked in Family Law and Child Custody for Washington on
Q: Can my son's ex-wife get custody of his daughter, even thought she is not her mother,if something happens to him?

If so, how can he guaranty that his mother gets her and not the ex-step mother? They have been divorced for over three years and the step mother has no rights to her for visits or anything else.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 5, 2017

If your son's ex-wife has had no contact with the child for more than three years, it is highly unlikely that the court would award her custody of the child. If your son dies, the child's mother, as the surviving biological parent, would have a preference in obtaining legal custody. If... View More

2 Answers | Asked in Family Law for Oregon on
Q: How is a spousal support modified if there are a change in circumstances?

When it comes to spousal support. If there is a substantial change in circumstances, is the judge supposed to look at what is fair and just with what is now, what was then, or only at the actual support that was originally ordered to see if and or what it would take to meet the original order /... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 5, 2017

Modification of a spousal support award is proper only if the original purpose of the award has been met, or if subsequent changes have substantially affected one party's ability to pay or the other party's need for support. The ultimate inquiry, however, in setting the appropriate amount... View More

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1 Answer | Asked in Family Law for Oregon on
Q: Dad allowed by courts school info. Now school is not sharing the same info as they share with the other parents. Legal

I am not receiving any info sent home about beginning of new year that all other parents receive. Was told I would find out who child's teacher is after open house and this year I had my son when the open house was. I have asked for Welcome back letters, medical eval done such as eye,... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 1, 2017

This is a common problem. First, prepare about 10-12 stamped, self-addressed envelopes and give them to the home room teacher or counselor, and kindly ask them to send copies of any announcements, notices, letters to you. Include a $5 coffee shop gift card for better service. Also, most schools... View More

2 Answers | Asked in Family Law for Oregon on
Q: I have custody of my son. I am trying to get child support from my ex-wife. i got a dui in January and am on diversion.

no one was with me in the car when i got the dui. my ex says she is going to use that against me. will that effect anything?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Aug 31, 2017

As usual, Joanne's answer is correct. Since your email indicates you already have custody pursuant to a court order and you are now trying to obtain child support, the DUII will have no impact on the child support issue. If your former spouse files a motion to modify custody or parenting... View More

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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: If parents cant agree on school district for kids, what do we do?

Both parents lived in same school district. 1 parent has moved and said they would not take kids out of district but once heard we are moving now wants to remove them from district. Other parent wants to move closer but keeping kids in same school district.

What are our rights? What do we... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Aug 30, 2017

The answer depends on whether there is an existing custody order issued by a court that has jurisdiction over the parents and the children. If there is no existing custody order, both parents have equal rights to enroll the children in school, so you may want to file a court action to establish... View More

2 Answers | Asked in Probate for Oregon on
Q: if someone dies without a will, can his mom sell his stuff without notifying his daughter?

I live in a mobile home park in a trailer owned by my fiance. He died with no will. Does his family have the right to sell his stuff without notifying his daughter

Vincent J. Bernabei
Vincent J. Bernabei
answered on Aug 24, 2017

The family members of the deceased person (called the decedent) has no legal authority to sell the trailer or any other property. Only the personal representative of the deceased person's estate (or a claiming successor if the estate qualifies as a small estate under Oregon law) has the... View More

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2 Answers | Asked in Family Law for Oregon on
Q: I have 50/50 custody but slightly more time then my ex. I live in a different city. Can I change my children's schools?

Our parenting plan stipulates that I have them exactly half of the week and he has them the other half. However, since we started sharing custody, I have had them one extra night a week even though the plan doesnt reflect that. My sons, 6 and 8, currently go to school in a different city which... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Aug 14, 2017

It is unlikely that you would be in contempt of court if you register your children for school in the city in which you reside. You should review your existing judgment to make sure there is nothing in there that restricts you from doing that. That said, it may not be the best decision to change... View More

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2 Answers | Asked in Family Law for Oregon on
Q: My daughter is a full time student who just turned 18. I would like to pay her directly. How do I accomplish this?

She lives 75% with her mother, my ex. I'm interested in knowing how to do this, and how much I will pay her directly and how much I will continue to pay my ex for her support. I don't really expect to have the total funding from my side change, but perhaps it will.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Aug 14, 2017

If your case is already handled by the state of Oregon, your daughter will receive a proportionate share of the support you pay if she submits the necessary paperwork to prove she is a child attending school. For example, if you pay support for two children and your judgment does not state that... View More

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2 Answers | Asked in Family Law for Oregon on
Q: Money judgement ordered in custody case in 2014, too late to file for contempt. How do I get my money judgement

I have a money judgement that was ordered during a custody case for medical expenses. The judgement was to be paid within 30 days after entry and has a interest of 9% per year. The order was filled in 2014, and the other party has not paid anything. I went down to the Multnomah County courthouse... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 28, 2017

A child support judgment is valid and enforceable for 25 years, so you could let it ride and collect 9% interest for a while. If it is not a child support judgment, then it is valid and enforceable for 10 years but can be renewed for another 10 years if done before 10 years elapses from entry of... View More

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