The answer probably depends on the commencement date for child support as set forth in the General Judgment of Dissolution of Marriage. There may be other relevant provisions in your judgment. If you do not have a copy of your general judgment, you should get one from the court or from your... View More

Your mother either loaned you money or gave you a gift for the down payment, but it can't be both. Since the home was purchased while you were married, there is a presumption that your and your husband's contributions toward the acquisition of the home were equal. To overcome that... View More

If you are proceeding with a small estate affidavit, the claiming successor of the small estate can have the cars removed from the rental property, assuming you have the keys, and either complete and submit to DMV an affidavit of heirship for each car or sell the cars and give the buyer a certified... View More

The fastest ways to obtain a court order for custody of the children and get away from your spouse is to file for divorce or legal separation and seek emergency temporary custody based upon an imminent threat of harm to the children or seek a Family Abuse Restraining Order by showing you were a... View More

You may either file a petition for guardianship of a minor or a petition for custody in the county in which you reside, assuming the child has resided in Oregon for at least the past six months. Alternatively, if your brother will sign a delegation of parental authority, you may be able to avoid... View More

You should give the car title with your signature on it, your grandmother's death certificate, and the DMV affidavit of heirship to the company you want to donate the car to. The affidavit of heirship should be signed by the beneficiary of your grandmother's estate. You can get the DMV... View More

If you have not already done so, you should file a motion for order to show cause for temporary orders, including exclusive occupancy of the residence. This motion should have been filed at the time the divorce action was filed, along with a request for temporary child/spousal support. The status... View More

Depending on which county your case is filed in, mediation may be limited to custody and parenting time issues. In Clackamas County, the mediators will address financial issues as well, but not in Washington, Multnomah, and Marion counties. As an alternative, you can retain a private mediator who... View More

Yes. Depending on the health issue, it would be considered either an aggravation of a pre-existing condition or a lighting up of a previously infirm condition. The difference depends on whether the person experienced any symptoms and obtained any treatment for the condition before the accident.

If your ex still resides in FL, then FL still has exclusive continuing jurisdiction to decide custody and parenting time rights. You would have to ask the FL court to decide whether to transfer the case to OR. If your ex does not reside in FL anymore, then OR has jurisdiction to decide custody... View More

You should comply with the court order until the court modifies it or both parents agree in writing to modify it. If you do not believe the current custody and parenting time arrangement is in your child's best interests, and you and the mother cannot agree on a mutually acceptable schedule,... View More

You should file a custody/parenting time case and ask the court to enter an immediate temporary protective order of restraint. That order will state that neither parent should disrupt the child's usual contacts with the other parent and that the child's residence should not be changed.... View More

The answer to your question depends on the terms of the deceased's will. As the deceased's fiancee, you have no legal right to remain in the home if it was in his name alone. You may have a claim based upon your domestic partnership if you can establish there was an agreement between... View More

You are correct. In a dissolution of marriage proceeding, the court will probably equally split the net equity in the home. Net equity is determined by subtracting the amount of the encumbrance from the fair market value of the property. If the mortgage is actually in the process of being... View More

The answer depends on the specific language in your divorce judgment. You should contact an attorney right away to review your options, including whether you can make a claim against his estate for the value of the life insurance obligation. If he is remarried and owns all property jointly with... View More

Your mother, not you, should contact the Oregon State Bar Lawyer Referral Service, and she will be referred to an attorney who may be able to assist her. It sounds like she will be receiving some assets in the divorce, so perhaps an attorney is willing to represent her with the understanding that... View More

You may need to have a conservator appointed by the court for your father if he is unable to handle his own financial affairs. If he has the capacity to make his own decisions, he could appoint an attorney in fact under a power of attorney to assist in handling his financial affairs. Depending on... View More

First, you should try to informally increase your parenting time by agreement. If he won't agree to increase your parenting time, then you might propose that your daughter see a therapist to help her with her extreme reactions. Because you have joint legal custody, most therapists will... View More

She will construe anything you tell her as your attempt to control her. This is a difficult but common scenario. You have to communicate with each other, but it should be limited to the children and their schedules, school, activities, etc. I suggest you ask her how you could improve your... View More

There is obviously more to this than you've indicated so far. Guardianships for minors terminate when the minor is emancipated. The guardianship could be transferred to another state before the minor is emancipated. If the child has resided in Idaho since 2014, you will probably have to... View More