I won my Oregon family law case. And I was awarded the attorney fees. But the Judge's ORCP 68 Fee Findings faulted me personally [citing "reasonableness and diligence of the parties" ORS 20.075(f) ] for failing to engage in Settlement talks, and for failing to submit a... View More
answered on Dec 8, 2023
I do not know that there is a right answer for this.
You might ask the attorney to write the judge directly and concede his error. He needs to do this sooner rather than later. He may be reluctant to do this if his error impacted your case.
Since there are statutory time constraints... View More
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?
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... View More
recent marriage and she has called me to yell at me for giving my son a sinus nasal spray, she doesn't communicate with me and tell me that she took my son to the ER, She told me that there is no court order that says she has to let my son talk to me?
answered on Oct 13, 2023
A step parent has no legal authority over a child. The legal authority is reserved to the biologic or adoptive parents. Unless there is a court order, a new spouse married to an ex does not have any authority to decide how to raise the child and certainly cannot tell you whether you can or cannot... View More
answered on Sep 12, 2023
First, you'll need to establish legal standing, demonstrating your significant and beneficial relationship with your brother. Then, you'll file a custody petition in Oregon, his primary place of residence, and notify all relevant parties, including his parents or legal guardians. Collect... View More
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.
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... View More
In a divorce settlement
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.
answered on Jul 12, 2023
During divorce or child support proceedings, one party may request information about the other party's financial situation, including any public assistance they may be receiving.
My sister and I live with mom and we are all on disability. I don't know what all we need to do for all of this and we can't afford and attorney. We need property taxes to keep from going into foreclosure. Any help will be appreciated.
answered on Jun 30, 2023
Go to this website and follow the steps to help your mother defer her Oregon property taxes:
https://www.oregon.gov/dor/programs/property/pages/senior-and-disabled-property-tax-deferral-program.aspx
If your mother lives in Multnomah County she may be eligible for free legal... View More
my mom is constaltly recording me and threatening to send them to people that would include the police and the videos arent even bad it just me telling her I don't like what she is doing and after she hurt me and I have a scar from it she got a video of my crying and she says she will send... View More
answered on May 22, 2023
Assuming you are clothed during these videos and are not otherwise involved in illegal activities, they are legal. Your mother is within her rights to record a conversation between the two of you. Oregon law is more murky as to whether she can record you when she is not part of the conversation.... View More
The ex-wife cheated and the child ends up not being his but he already has been paying child support for more than 2 years and no paternity dna test was ordered, can anything be done? A new child is on the way that is actually his.
answered on Mar 20, 2023
The answer to your question is complicated, and more information is needed.
Generally, a person has 60 days after filing a Voluntary Acknowledgement of Paternity to request that the father’s name be removed from the birth certificate, or more than 60 days if the request is based on... View More
answered on Mar 13, 2023
For purposes of the Oregon Advance Directive a health care provider determines when the person who signed the form is incapable. “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary... View More
What can I do ? It’s 4hrs rnd trip & they say she’s sleeping he does not want her rest interrupted . She’s almost 90 blind on oxygen all she does is sleep. He won’t call me if she passes either
answered on Mar 7, 2023
In general a Power of Attorney allows the Agent (your brother) to make financial decisions for the Principal (your mother). It does not allow the Agent to decide who can and cannot visit the Principal. I would speak to the manager of the care facility directly. If you are not allowed to visit... View More
Of course I'll try to reason with him and I hope he doesn't follow through with the threat -- but does he have any legal grounds to have me removed if Mom wants me there? What if Mom isn't at home and the police arrive?
TMI: Mom and Dad (80+ yo) are verbally and emotionally... View More
answered on Feb 14, 2023
I don't know the trespassing laws but based on your description of the situation I think it would be best if you do not go to your parents' house for an extended stay. It seems clear that your presence will cause negative consequences for both your parents. If you visit your mother I... View More
We previously had domestic violence issues that resulted from both of us escalating petty situations. He was arrested early this month for violating his probation and making contact with me. I want contact with him. We share a child. I do not want to go to this hearing and speak. Can I object to... View More
answered on Nov 4, 2022
Actually a no contact Order IS a restraining order and while he can ask to have it lifted (you can't per se since the Order isn't directed at you), these sorts of requests are very common and are very rarely granted. You are under subpoena and your presence is NOT elective or voluntary.... View More
answered on Oct 20, 2022
There is a statutory list of information that must be included in the document; it must be paid for and filed with the court. Most any attorney can handle the matter for you if you wish.
the Nexplanon was inserted wrong and she has to have it removed surgically later this month and now she is pregnant or potentially the Nexplanon failed itself we are not certain. The other part of this that makes it so much harder is we are very social people and consume alcohol regularly so my... View More
answered on Aug 5, 2022
You are asking the right questions as you process this. Don't lose sleep about yesterday. The stress and anixiety is certainly high, as this is in the top tier of stressful events. Suing a doctor/hospital is a very difficult but often a necessary decision to make. You need to be certain about... View More
She was stolen by my ex just to hurt me. She’s filed false papers claiming my cat is her “companion cat”. I have all the proof & witnesses to support the truth in this matter.
answered on Jun 28, 2022
You might want to consider small claims court in light of the fact that most attorneys charge $300-$400 per hour. You cannot have an attorney in small claims court. If you obtain a judicial order for in junctive relief for the return of the cat, she would be in contempt of court if she does not... View More
7.005.129 - Possession of a Stolen Animal.
A. A person commits the offense of possession of a stolen animal if a person has in his/her care, custody, possession or control an animal not owned by that person and not placed by the owner/caretaker of that animal, in the persons care, custody... View More
answered on Jun 21, 2022
Only non attorneys can appear in small claims court. If you know who has your cat and you can prove you own the cat, you could file a case in small claims court and ask for injunctive relief for the return of your cat. You could also hire an attorney on an hourly basis to file a civil suit for... View More
She is mentally unstable can another family member change her decision
answered on May 25, 2022
I'm very sorry for your loss. Your question didn't completely come through but I'm guessing you're asking on controlling the disposition of your brother's body. Since he died in Massachusetts you should consult an attorney in that state. If his wife is unable to give... View More
Ex-girlfriend (mother of 2 kids) has repeatedly kicked out father and tried to ruin his reputation. She has called police and attempting to falsely get him arrested (police have not sided with her). Additionally she has kicked him out several times and is emotionally abusive to him, using the... View More
answered on May 5, 2022
Oregon custody laws encourage parents to share in the rights and responsibilities of raising their children so long as it is in the best interests of the children. There is a distinct difference between a custody determination and parenting time. Custody decisions are about who will have... View More
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