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Oregon Family Law Questions & Answers
1 Answer | Asked in Family Law and Legal Malpractice for Oregon on
Q: My lawyer admits, in "privileged" email, he failed to convey my offer.

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

Steven Leskin
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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...
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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 Family Law, Child Custody, Civil Rights and Domestic Violence for Oregon on
Q: can ex's new wife decide if i can speak with my son or not

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?

Steven Leskin
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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

1 Answer | Asked in Adoption, Child Custody and Family Law for Oregon on
Q: How can I get custody of my little brother who lives in Oregon and I live in NY?
T. Augustus Claus
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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

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 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 Family Law for Oregon on
Q: I'm in Oregon. Does my ex have to provide me with documentation showing that she's on State assistance if I ask
T. Augustus Claus
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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.

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Elder Law for Oregon on
Q: I am looking into getting stuff together, like a POA, Trust, Will for my 81 year old mother. Also looking to defer taxes

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.

Theressa Hollis
Theressa Hollis
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...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Oregon on
Q: my mom is recording me the videos are me telling her I don't like it she says she will send them to people is that legal

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

Todd B. Kotler
Todd B. Kotler
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

1 Answer | Asked in Family Law, Tax Law and Child Support for Oregon on
Q: The kid ends up not being the father's child but no paterniry dna test was ordered, what can the father do?

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.

Vincent J. Bernabei
Vincent J. Bernabei
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...
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1 Answer | Asked in Estate Planning, Health Care Law and Family Law for Oregon on
Q: Can a nurse practitioner declare a person incompetent or only an MD. State of Oregon.
Theressa Hollis
Theressa Hollis
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

1 Answer | Asked in Elder Law and Family Law for Oregon on
Q: My brother has POA he told the care facility to tell me I can’t see mom & they report to him anyone who comes or calls .

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

Theressa Hollis
Theressa Hollis
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

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Oregon on
Q: Can Dad call police on visiting (adult) son for trespassing if Mom wants him there (joint homeowners)?

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

Theressa Hollis
Theressa Hollis
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

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Oregon on
Q: I am being subpoenaed to speak at my child’s fathers court hearing for violating his probation.(no contact order)

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

Gregory L Abbott
Gregory L Abbott
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

1 Answer | Asked in Family Law and Collections for Oregon on
Q: What does a certificate of extension involve for an OR circuit court attorney fee judgement expiring 10/31/22
Gregory L Abbott
Gregory L Abbott
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.

1 Answer | Asked in Family Law, Health Care Law and Medical Malpractice for Oregon on
Q: Can i sue for malpractice if the contraceptive we used was administered wrong or failed? the Nexplanon was inserted wro

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

Virgil Royer
Virgil Royer
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

2 Answers | Asked in Libel & Slander, Family Law and Animal / Dog Law for Oregon on
Q: I need to know how to get my stolen cat returned. Unfortunately, it’s not taken as seriously as, say, a car.

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.

Jina Ly Clark
Jina Ly Clark
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

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1 Answer | Asked in Animal / Dog Law, Criminal Law, Family Law and Small Claims for Oregon on
Q: I’ve filed reports with Animal Control for “Theft of an animal”, & “Possession of a Stolen Animal.” No response.

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

Jina Ly Clark
Jina Ly Clark
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

1 Answer | Asked in Estate Planning and Family Law for Oregon on
Q: My bother passed away in Boston Mass. I talked with the funeral home and they said his wife makes the choices on the

She is mentally unstable can another family member change her decision

Theressa Hollis
Theressa Hollis
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

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: In OR state what does a father need to prove/document to receive full custody in a split from child's mother (unmarrie

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

Vincent J. Bernabei
Vincent J. Bernabei
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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