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Oregon Divorce Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oregon on
Q: Can the amount of child support be changed without notifying the parent who receives it?

I have received the same amount of child support for seven years now. My sons father has not changed jobs and is earning the same wage as before. However, the last 5 months I have received 1/4 of the court ordered amount. I found out that his girlfriend recently filed for child support of their... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 9, 2019

Hopefully your support is being collected for you by Oregon's Support Enforcement. You need to call them and find out why the amount forwarded to you has gone down. Some reasons it can go down could be he didn't pay the full amount or he lost or changed jobs and the maximum they can garnish is... Read more »

3 Answers | Asked in Divorce for Oregon on
Q: My husband took all our money out of our joint bank account and put in a bank account with just his name on it?

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Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 9, 2019

The property subject to division in a dissolution consists of two categories. The first, “marital property,” consists of any property that either or both of the parties own, regardless of when the property was first acquired. The second category of property is “marital assets.” Marital... Read more »

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1 Answer | Asked in Bankruptcy and Divorce for Oregon on
Q: I am trying to understand a couple topics related to bankruptcy in Oregon.

1. When one spouse has credit card debt in his name alone, does the Family Expenses Statute apply to routine expenses like groceries and utility bill. More generally, I am wondering when credit card debt can be considered joint debt of both spouses even though it is in the name of one spouse.... Read more »

Timothy Denison
Timothy Denison answered on Sep 30, 2019

1. All debt acquired during the marriage is presumptively marital debt regardless of whose name it is in.

2. Yes, to some degree depending on how much total equity is in the house.

3. It will be if it is an arms length transaction between divorcing spouses. It may not be...
Read more »

1 Answer | Asked in Banking and Divorce for Oregon on
Q: My wife and I are getting divorced in Oregon. After separating and separate bank accounts, can my wife take my money?

We got the separate accounts and I earned the money from my job after we separated. Is she entitled to the money I earned after we separated? We're still currently married but living in different homes.

Joanne Reisman
Joanne Reisman answered on Aug 26, 2019

Under Oregon Law a court can consider all property held by either or both spouses at the time the court is asked to adjudicate the divorce. Unless you had a judgment of legal separation previously rendered by a court, your voluntary separation does not divide your property such that the court... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: We divorced May 2, 2019. He came with guns most inherited. I don't have a problem with him keeping family guns.

Insurance paid us for guns after house fire. Check was in both names. I say they're mine, as well. I want 2 guns.

Joanne Reisman
Joanne Reisman answered on Aug 20, 2019

You are divorced. Once you are divorced the property division is FINAL. You can't change it now. I am assuming you got divorced first, fire second. But seriously, you can buy a gun or two much cheaper that pay an Attorney to fight over this. Just go buy your guns and be done with it. As... Read more »

3 Answers | Asked in Divorce for Oregon on
Q: Her lawyer states I'm not entitled to spousal support, even though her income is 6 times more than mine?

Married 16 years. If I challenge the petition, it states I will have to pay her legal fees?

Joanne Reisman
Joanne Reisman answered on Aug 13, 2019

If your comments are based on the allegations in the Petition you should understand that what the Petition says isn't what the Judge is necessarily going to do. You need to get a consultation with an experienced family law Attorney and find out what courts typically do in situations with the same... Read more »

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1 Answer | Asked in Divorce for Oregon on
Q: My ex and I had our divorce finalized June 26. 32 years of marriage. We are both severely disabled. She qualifies for

Medicaid as well as numerous other benefits for the disabled. I don’t qualify because i make $80/mo too much from SSDI. I gross about $2k more than she does. Her benefits equal to more than $2k/mo. The judge ordered me to pay $400/mo for life to her in alimony. It was referred to the Justice... Read more »

Joanne Reisman
Joanne Reisman answered on Aug 11, 2019

I suggest that you go and talk to an elder law Attorney and see if you now qualify for Medicaid. It is possible that the alimony award of $400 has now reduced your income so that you now qualify. You can also set up what is known as a Miller trust that takes the amount of money you are over every... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Oregon on
Q: My boyfriend is currently going through a divorce and custody battle here in the state of Oregon. Refer to more info

He is part of a shelter for domestic abuse. His caseworker there apparently told him that adultery can be used against him in court during his custody battle. Is this a legitimate thing? Because I myself have read that adultery cannot be used against him unless it directly affects a decision that... Read more »

Joanne Reisman
Joanne Reisman answered on Aug 6, 2019

Adultery has no place in modern law. Adults can have sex with other consenting Adults in private and it is not relevant unless it is somehow detracting from the children getting proper care. But the fact that adults have relationships with other Adults to whom they are not married, alone, is not... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: I'm looking for a free consultation meeting with a Salem Oregon attorney. I would like to file for a divorce.

My husband lives in California and I have moved back to my home state of Oregon. We were married for 15 years when we separated. During that time we were married I did live in California.

Now the interesting part.

Hes disappeared on every aspect you may know. I do have his SSA and... Read more »

Joanne Reisman
Joanne Reisman answered on Jul 30, 2019

You can file for a divorce in Oregon if all you want is to be declared divorced. You may need to pay for the assistance of an Attorney to figure out how to serve your husband. An Oregon Judge can order a method of substituted services based on your affidavit of your best ideas to notify your... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Oregon on
Q: Do I have to contact the other parent for a time to pick up his kid, if he does not call or text for his parenting time?

I’m amidst a divorce and last weekend (we have a ex parte temporary order of restraint-kids in my custody) he had our daughter for the weekend and our ten month old son he only kept for 1 1/2 hours of his 2. He was sleeping and my daughter answered the door for the 8 am, which was answered at... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Jul 23, 2019

This is a tricky situation. On one hand, you do not want to be the parent who is not facilitating a relationship between the child and the father, but if he really wanted his time, he would be more communicative. He needs to be the adult in the situation and make the effort in my opinion. I... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: I want a divorce person that's immigrant doesn't have adjustment of status, he making my life hell. I need help

Been married 2 year's and he still lives as if he is single and not really cheating in person, but living double life with child mother in country he came from. I understand that I responsible for him but I have found out he has found ways to make money and send it back to take care of them and I... Read more »

Joanne Reisman
Joanne Reisman answered on Jul 10, 2019

Any family law attorney can process your divorce. His immigration status can't prevent you from divorcing him. The issue you really need to deal with is whether the immigration forms you signed to aid this person in applying for US citizenship will still make you liable for their support. I had... Read more »

1 Answer | Asked in Divorce, Land Use & Zoning and Real Estate Law for Oregon on
Q: I live in Oregon in my divorce I got the house my ex still has not taken his name off the house .

The county wont allow me to take his name off the homeowner tax stuff. My ex refuses to take his name off. Can I use him to get his name off or do I have to suffer until the house is paid off?

Joanne Reisman
Joanne Reisman answered on Jun 8, 2019

You should have made sure that the divorce decree awarding you the house contained the legal description of the house you were awarded. Then you only need to take a certified copy of the divorce decree awarding you the house to who ever you need to make changes. So if your decree doesn't contain... Read more »

2 Answers | Asked in Divorce for Oregon on
Q: Can I evict my husband when my name is on all assets? He will not hold a job and does not help pay for our assets.
Joanne Reisman
Joanne Reisman answered on Jun 6, 2019

Technically you can evict your husband from your home or another residence. Be sure to follow landlord tenant rules so you do it properly. However be warned, your husband could turn around and file for a divorce and seek remedies like getting spouse support from you to help him pay for his living... Read more »

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1 Answer | Asked in Divorce and Family Law for Oregon on
Q: I’m getting a divorce and I have to give my spouse the financials but he keeps giving them back. What do I do?
Joanne Reisman
Joanne Reisman answered on May 27, 2019

I assume you are referring to the Oregon Statute that lists financial information both spouses in a divorce are required to share. ORS 107.089 https://www.oregonlaws.org/ors/107.089 Once you serve this form on your spouse he is required to give you the documents listed under this statute. You... Read more »

1 Answer | Asked in Family Law and Divorce for Oregon on
Q: Does a spouse have rights to a 401k that was established prior to the marriage?
Joanne Reisman
Joanne Reisman answered on May 4, 2019

Yes - the marital portion would be the difference between the value before you got married and the value when you get divorced. You would get 1/2 of the marital portion under Oregon's presumption of equal contribution.

1 Answer | Asked in Divorce for Oregon on
Q: 2017 divorce stipulates she pay for her car, 2018 cosign to help her lower payment, 2019 refi house but rejected because

cosigned new loan to lowers exwife car payments , mortage copmany says this voids divorce stipulation that she pay for car, and now rejected for refi on house anyway to fix this??????

Vincent J. Bernabei
Vincent J. Bernabei answered on Apr 18, 2019

The 2018 transaction does not void the divorce judgment. Your former spouse complied with the divorce judgment by refinancing the car debt in 2018. You effectively co-signed for a legal stranger, since you were under no legal obligation to do so. You may have some options, but you should contact... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: I am living in our RV which is registered in wife's name. do I have legal right to keep as my residence?
Greg Freeze
Greg Freeze answered on Mar 10, 2019

Oregon is an equitable division state, which means that a judge can order whatever is fair under the circumstances of the marital relationship. Generally speaking, it's best to think of everything starting at a 50/50 point of view, before the marital assets are split.

People often only get...
Read more »

2 Answers | Asked in Divorce for Oregon on
Q: After submitting a USD, I received the response: "remove SSI #'s from this public document." What does this mean?
Daniel DiCicco
Daniel DiCicco answered on Feb 19, 2019

You will want to remove any of your personal data from a public filing. It's not necessary and bad actors could get at it. Just white it out and resubmit the document.

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1 Answer | Asked in Divorce for Oregon on
Q: What can you tell me about Oregon divorce law regarding a great deal of sweat equity (complete home remodel in and out)

No children, married for 35 years. Both parties have had jobs but spouse decided to retire early. I am still working and my age is 66, had no help from spouse with remodel. The home will be sold and proceeds split, will sweat equity be considered in the division of the assets?

Thank you

Daniel DiCicco
Daniel DiCicco answered on Jan 24, 2019

Everything you own will be split equitably, which almost always means ‘evenly.’ Add the dollar value up and divide by two.

1 Answer | Asked in Divorce for Oregon on
Q: My wife has constantly cheated the last 4 + years now she wants divorce. I’m on disability what options do I have

She had me move my mom in the house almost a year ago, now she’s trying to take the house and my mom and me have no where to go. Because of her infidelities I’m mentally emotional because of her and her cheating

Vincent J. Bernabei
Vincent J. Bernabei answered on Jan 10, 2019

Generally, your wife's cheating is not admissible in evidence in a divorce case. Oregon is a no fault divorce state, which means you cannot introduce evidence of fault to prove the reason for getting divorced. Your wife's cheating may be admissible if there is an adverse economic consequence that... Read more »

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