In a divorce settlement
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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.
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
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 
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
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
I have a judgment ( money from a divorce); my ex-husband has transferred all property into a irrevocable trust.
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.
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.
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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... View More
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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.
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
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
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
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
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
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
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
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
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
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... View More
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
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
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
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
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
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
I have tried to reach out to him but he will not respond to my calls/texts/emails but I do know he is working. I don't live in the area where he resides and where our divorce took place either, so that makes it difficult as well. What can I do to compel him to pay the support that he owes? He... View More
answered on Jun 19, 2020
This is really a matter best taken up with your divorce lawyer since they are the most familiar with all the details of your case. You likely have options such as asking the divorce court to find him in contempt of court (that usually gets results) for failing to pay per the court order; you can... View More
We signed a prenup that he keeps the farm should we divorce. Now I have to move because it's his. We tried to split up other property fairly. He counted the money he had and I had before marriage as owed to him on his side since he had more. Wondering if I am missing $ in equity somehow or he... View More
answered on May 26, 2020
If the prenuptial agreement is a valid contract, then the divorce court will most likely approve it. There are many factors that must be considered in determining whether the prenuptial agreement is a valid contract. Factors include whether there was a full disclosure of all material facts... View More
We also have two children that I have not seen since November. We agreed on a parenting plan in court, and than I found out dhs and liberty house were investigating, I was told if there was no fault, visitation would begin in January. DHS finally called me last month and said there was no fault,... View More
answered on Apr 6, 2020
You will need to contact an Attorney directly and ask for assistance. Justia only offers you the chance to ask questions and meet Attorneys who have profiles on Justia. Sadly the courts have very limited services and are not setting trials until the emergency pandemic orders have lifted. Most... View More
He has not charged her. Now she is keeping the kids from him. There is no custody order and he believes the kids are not in a safe place. If he gets visitation, does he have to return them?
answered on Apr 5, 2020
An Attorney cannot practice law by proxy. This is your nephew's issue and he needs to be the one to contact an Attorney for advice. Often people in frustrating situations will tell friends and relatives a very biased version of the facts because they are seeking sympathy and validation, not... View More
I am married to an abusive man and have been for 21 years. He got me my green card. I have 2 adult children who are citizens. I work and have never broken the law. I want to stay in the US but divorce this man. I do not want to become a citizen. Is it possible for me to divorce him and maintain... View More
answered on Mar 16, 2020
Your permanent resident status that has been issued to you will not end if you are granted a divorce from your U.S. citizen. You have been married for 21 years and you can provide proof of your bona fide marital relationship if your marriage is ever questioned by USCIS.
You also are not... View More
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