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Oregon Divorce Questions & Answers
1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Oregon on
Q: can I get sole custody of my daughter , my future ex-wife is under criminal investigation

she also moved to another state

T. Augustus Claus
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answered on Mar 1, 2024

In Oregon, obtaining sole custody of your daughter amidst your future ex-wife being under criminal investigation and her relocation to another state involves demonstrating to the court that such an arrangement would be in the best interest of your child. The court considers various factors in... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Oregon on
Q: How can my mother structure my brother's SNT to avoid funds becoming "marital assets" in the event of his divorce?

My mother plans to create a Special Needs Trust for my brother to manage any inheritance that he receives from her. This inheritance could exceed $500k. My brother is married, on disability, and a very poor money manager. My mother’s primary goals are to ensure that my brother has a safety net... View More

Jason E. Neufeld
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Jason E. Neufeld
answered on Feb 1, 2024

Your mother can create a Third Party Special Needs Trust (it can be embedded in her Living Trust or stand-alone). Mom can/should name anyone OTHER than your brother to serve as the trustee for this SNT with him as beneficiary. As an example: you could be trustee for your brother (in charge of... View More

1 Answer | Asked in Banking, Divorce and Family Law for Oregon on
Q: In Oregon can I move my paychecks out of our joint account prior to divorce being filed?

I have been separated from my spouse since May 2023. Both our paychecks go into a joint account along with shared bills. Am I allowed to move my paychecks to another account before the finalization of the divorce?

Steven Leskin
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answered on Dec 1, 2023

The best way to handle this situation is to discuss with your spouse how you will handle the joint account going forward. Your spouse will want to move his/her payroll deposits as well to an individual account. You should discuss the timing, and how much you will each contribute to the joint... View More

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: How much are legal fees to file a QDRO in Bend, OR for an uncontested divorce? Divorce was filed online by Petioner.

It is our understanding that no penalty is assessed when a QDRO is filed as part of a divorce settlement. The receiver of funds would have to pay taxes on that money, correct?

Steven Leskin
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answered on Dec 1, 2023

Quite honestly, your question shows such a mis understanding of the way a divorce is handles, I would urge you to speak with a local attorney - particularly where a present retirement account needs to be divided years in the future.

Generally, attorneys hire other attorneys to prepare...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Social Security for Oregon on
Q: I have my 14 yea RT old twins , one has down syndrome. Which parentd household should get his SSI?

Joint custody .live with dad 70 percent of time but mom gets the SSI and is representative payee. Zero dollars go to my household for his needs. No child support awarded.

James L. Arrasmith
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answered on Aug 6, 2023

If you believe that the current arrangement is not in the best interest of your child, you may file a request with the Social Security Administration to become the representative payee or seek a modification through the appropriate legal channels.

Sincerely,

James L. Arrasmith...
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1 Answer | Asked in Divorce for Oregon on
Q: How long does temporary insanity usually last for a divorce settlement
T. Augustus Claus
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answered on Jul 28, 2023

In Oregon, temporary insanity is not typically a factor considered in divorce settlements. Divorce settlements are determined based on various factors such as property division, child custody, and spousal support, among others.

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: How long does temporary insanity usually last

In a divorce settlement

T. Augustus Claus
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answered on Jul 28, 2023

"Temporary insanity" is not typically a formal legal term used in divorce settlements. In divorce cases, issues related to mental health and emotional well-being might be addressed through various legal mechanisms, such as determining custody, visitation rights, or spousal support.

1 Answer | Asked in Divorce and Collections for Oregon on
Q: My husband's ex wife from 15 years ago had a medical bill while they were married they are coming after him to pay

In their divorce it said that she would have to pay her own medical bills and he would have to pay his but now after all this time the creditors are coming after him it's been so long and he didn't know she didn't pay and now the bill went from 6,000 to 16,000 what can we do this doesn't seem fair

Gregory L Abbott
Gregory L Abbott
answered on Jan 25, 2023

It all depends upon the exact details. IF the creditor sued your husband and won in court, they would have gotten a Judgement against him. All Oregon Judgments are valid for 10 years and can be renewed once for an additional 10 years. So it is possible it is a collectable debt. If, however, they... View More

1 Answer | Asked in Divorce and Probate for Oregon on
Q: Mother in-law died my wife's brother and sister wanted to sell the house me the husband paid the brother for his portion

Me and the wife stayed in the home made the payments from a joint account and I remodeled the house and also help make the payments and paid the sister off from her portion of the house am I initialed to any portion of the sale of the home

Theressa Hollis
Theressa Hollis
answered on Nov 21, 2022

You will need to review the specific facts of your situation with an attorney. The answer to your question will depend on what written agreements you have, how the home is titled, whether or not your mother-in-law left a Will or Trust, how much you can prove you have done to increase the current... View More

2 Answers | Asked in Divorce and Collections for Oregon on
Q: How to collect a money judgment where all property has been put in a trust

I have a judgment ( money from a divorce); my ex-husband has transferred all property into a irrevocable trust.

Gregory L Abbott
Gregory L Abbott
answered on Nov 15, 2022

Depending upon many factors, including when he transferred his assets and the terms of the Trust, you may be able to collect. Review everything in detail with a local collections attorney or possibly your divorce attorney if that is where the Judgment originated.

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1 Answer | Asked in Divorce for Oregon on
Q: Husbands Mother gave Iand our home is on to him and we never changed deed to both names. Will it be considered a gift?

We have lived on property in Manufactured home since 2007. We both own home. Home was on his mother’s property. Due to estate planning when property (land) was passed on to husband in 2019 it was in his name only. We never got around to changing deed to both our names. We have always... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 26, 2021

An inheritance is considered a gift. Gifts received by one spouse during the marriage are not subject to a presumption that the gift was acquired by the parties equally as long as the gift was held separately and not commingled into the joint financial affairs of the spouses. Although the... View More

1 Answer | Asked in Real Estate Law and Divorce for Oregon on
Q: Can my ex-wife move back into our house her name is on the mortgage but not the title and I recently got married again?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 4, 2021

Once you are divorced, the court's General Judgment of Dissolution of Marriage is the court order determines your and your former spouse's rights and responsibilities regarding ownership and occupancy of the home and payment of the mortgage. You will have to review your General Judgment... View More

1 Answer | Asked in Cannabis & Marijuana Law, Child Support and Divorce for Oregon on
Q: My fiancé’s ex wife is growing pot illegally and not reporting earnings to IRS in Oregon. We are paying child support…

He has 2 kids; one lives with us full time and the other stayed with his mother and just turned 18. He moved out and is still in HS living with friend in Portland. The mother grows pot illegally in southern Oregon and the younger son living with us doesn’t want to be there. She was unemployed... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 28, 2021

A court has authority to modify a child support order when there has been a substantial change in economic circumstances that was not anticipated at the time of the original judgment. To determine one's income, the court considers both actual and potential income. “Actual income” means... View More

1 Answer | Asked in Divorce for Oregon on
Q: Filing for divorce, in Oregon both residents. Im the wife am I entitled to alimony, settlements owed .monies?

Married since July 5th 2014 at least still married separated and separate households since October 2018

Husband was soul provider

At the time when we were getting married. We signed, and the wedding official signed document stating husband will pay wife monies out to the wife every... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 20, 2021

In Oregon, there is a legal presumption that the value of any asset, except inheritances or gifts, acquired during the marriage will be shared equally at the time of divorce. Typically in Oregon the court uses the value of assets at the time of divorce, not separation. There are some exceptions.... View More

1 Answer | Asked in Divorce for Oregon on
Q: If ex violates court order, should that be addressed before any further discovery?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Dec 8, 2020

Oregon courts permit "discovery" of “any matter, not privileged, that is relevant to the claim or defense” of any party. The document or infor­mation being sought need not be admissible in court as long as it “appears reasonably calculated to lead to the discovery of admissible... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Oregon on
Q: I want to have my kids more, but my wife refuses.

My wife and I are in getting divorced, neither has filed yet. The girls are with her the majority of the time as I work and she doesn't. I have them every other weekend and friday nights on the weekends I don't have them. I asked her if I could have them more and she refuses. She's... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 8, 2020

The presumed amount of child support in Oregon is based upon the following variables.

1. Each parent's gross income (before tax). If a parent is unemployed or underemployed, the court will determine that parent's potential income or earning capacity based upon that...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Oregon on
Q: Wife asked for a divorce and said she was moving 90 miles away the same day. 3 year old will be in school in 2 years.

In early August my wife said she wanted a divorce and that she was moving 90 miles away within the week. She applied for a new job about the same time and interviewed the day after she told me she wanted a divorce. 7 days later she moved. There was not even enough time to petition for a divorce. We... View More

Jessica Larsen
Jessica Larsen
answered on Sep 25, 2020

You have a couple of options here. Depending on how long ago this occurred, you may be able to file a motion for status quo to have the child returned to your custody. The court takes several factors into account when determining custody, hometown factors being one of them. You should contact an... View More

1 Answer | Asked in Divorce and Real Estate Law for Oregon on
Q: Uncontested divorce, ex is buying out of house: appraisal vs fair-market-value?

I live in OR, and I'm going through my first divorce - short-lived marriage, no dependents, etc.

It's been uncontested so far so most of the assets and finances have been simple, and already divided.

We bought a house about a year before the marriage (~1 year married).... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 18, 2020

The fair market value of the residence is what a willing buyer would pay to a willing seller in an arm's length transaction. The appraised value is an appraiser's expert opinion of the fair market value of the residence. The expert's opinion is only an opinion of fair market value.... View More

1 Answer | Asked in Divorce and Real Estate Law for Oregon on
Q: I am getting a divorce. The house belongs to her but is being transferred to me. How does this work?

If the home and all assets on it are going to me, but the loan is in her name, how does this work? Do I need to "purchase" it (even though the assets being put into the house are mine and already built into the house?) Or would it considered a refinance under another name? To confuse... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 5, 2020

This question goes across several aspects of law, as you noted when you classified it, Divorce, Real estate and Financing. You REALLY need to contact a local attorney (suggest Family Law/Divorce) to discuss what documents need to be drawn up and whether the bank needs to be made a party to the... View More

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