Oregon Family Law Questions & Answers

Q: why would the opposing party not have to have accounting before the estate is out of trial?

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Oregon on
Answered on Feb 6, 2019
Vincent J. Bernabei's answer
This is a common and unfortunate scenario when there is no comprehensive estate plan in place. If your mother and father owned their assets jointly while they were both alive, the surviving spouse will own everything when the first spouse dies. There is no estate and no probate for the first spouse to die if all assets were owned jointly. If and when the surviving spouse remarries, the "new" spouse of the surviving spouse is entitled to at least 1/2 of the entire estate of the surviving...

Q: If I accept child support does it entitle the father to more visitation rights?

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Answered on Feb 1, 2019
M. Nicole Clooten's answer
The short answer is no. He would have to file with the circuit court to obtain court-ordered visitation.

Q: I'm 21 yrs old. How I can get the child support my father was court ordered to pay, but he did not?

1 Answer | Asked in Family Law and Child Support for Oregon on
Answered on Jan 31, 2019
Jessica Larsen's answer
You would want to follow up with the Oregon Department of Justice, Child Support Division. They handle most child support cases and can collect from the father. If that does not work, or the father is not ordered to pay through the Department of Justice, you would likely need to file a motion to enforce the judgment.

Q: How can I make my daughter laugh mother comply?

1 Answer | Asked in Family Law and Child Custody for Oregon on
Answered on Jan 31, 2019
Jessica Larsen's answer
Your hands seem to be tied in this situation. You cannot force your daughter's mother to do anything, unless it is stated in the judgment/parenting plan. If your judgment states that the mother must keep a sanitary home, you could file a motion to enforce the judgment, but that is not standard language for a judgment. If your child was in danger, you could file a motion for immediate danger to suspend parenting time, but generally courts do not view head lice as a dangerous situation....

Q: If CPS illegally took my child can you sue at any time before or after trial?

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Civil Rights for Oregon on
Answered on Jan 22, 2019
M. Nicole Clooten's answer
What was the basis of the action at the shelter hearing?

Q: I have sole custody of my 2 sons with autism and want to move out of state without my ex knowing.

1 Answer | Asked in Family Law and Child Custody for Oregon on
Answered on Jan 7, 2019
Vincent J. Bernabei's answer
The answer depends on the terms of your judgment of dissolution of marriage. If it states you are required to give notice of your move, then you are required to give notice.

The decision whether to modify parenting time to permit the relocation of children hinges “solely on the best interests of the children.” The only question is whether the children are ‘better served’ by relocating.

The court must consider the following relevant factors:

(a) The emotional...

Q: If served a restraining order and what the petitioner said is not true. Along with pulling a 15 year old child into it

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Oregon on
Answered on Jan 3, 2019
Vincent J. Bernabei's answer
A court may issue a Family Abuse Restraining Order “upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition;” that "there is an imminent danger of further abuse to the petitioner;" and “that the respondent represents a credible threat to the physical safety of the petitioner or the petitioner’s child.” At hearing, petitioner must establish all three requirements or the restraining order must be...

Q: Will they take my baby away if she tests positive for THC when I give birth?

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Oregon on
Answered on Jan 2, 2019
Daniel DiCicco's answer
No, they won't take the baby away. You will also very likely test clean by the time you give birth.

Q: My son is trying to get visitation to see his 6 year old daughter. Paternity not established yet. Needs help.

1 Answer | Asked in Family Law for Oregon on
Answered on Jan 2, 2019
Daniel DiCicco's answer
You need to file what's called a "filiation" action (Paternity suit). The court will order a DNA test to prove paternity and you can get things going from there.

Q: Is it a criminal offense to not give money that was court ordered to your spouse?

1 Answer | Asked in Divorce and Family Law for Oregon on
Answered on Jan 2, 2019
Ben F Meek III's answer
I'm re-categorizing this as Divorce, as it relates to the divorce decree and the separation of property ordered therein.

An experienced divorce lawyer can help with asset tracking issues. The short answer to your question is that it is probably not a criminal matter but is an indirect contempt of court, which can be punishable by jail time under certain circumstances. That remedy is less helpful to you than getting the assets. You need an experienced lawyer that can help you track...

Q: my ex-husband signed and agreement to pay me 3500 dollars. He has done so. Is there anything I can do.

1 Answer | Asked in Family Law for Oregon on
Answered on Dec 31, 2018
Jessica Larsen's answer
Depending on the terms of the written agreement, you may be able to take him to small claims court to enforce the contract. If the contract was not a part of your judgment of divorce, it is not a family law matter and must be handled independently. If the contract was made a part of your divorce judgment, you would file a motion to enforce the judgment on the divorce case.

I would recommend seeking an attorney for additional information. Without seeing the contract, it is impossible to...

Q: My grandpas ex wife is A beneficiary on an annuity He divorced her Bc she committed fraud on his accounts what can we do

1 Answer | Asked in Divorce and Family Law for Oregon on
Answered on Dec 17, 2018
Vincent J. Bernabei's answer
Depending on the express terms of your grandfather's General Judgment of Dissolution of Marriage, the beneficiary designation may be revoked and the former spouse's ability to access the annuity may be restricted. Also, it is possible that he notified the annuity company of a change of beneficiary but the company did not comply with the notice.

You should consult with an attorney to determine your rights.

Q: I don’t want my child around my ex’s abusive boyfriend. No custody agreement is in order, only verbal. What can I do?

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Oregon on
Answered on Dec 17, 2018
Jessica Larsen's answer
If no one has previously filed for custody, you may file a petition for custody with appropriate parenting time awarded to the other party. You can find pre-printed forms at the courthouse in your county. However, you should keep in mind that the court generally awards custody to the parent that has been the primary parent for the child's life. If Mother has been the person to meet your daughter's needs on a day-to-day basis, the court may favor her. However, the abuse against Mother works in...

Q: What do I get for the child support I pay to the other party?

1 Answer | Asked in Family Law and Child Support for Oregon on
Answered on Dec 17, 2018
Jessica Larsen's answer
You present a few issues here. The first and most relevant answer I can offer is that you get nothing for paying child support. The purpose of paying child support is to support your child on the days they are not with you. The paid parent may use the money as they see fit and do not have to offer an accounting to you. If you feel what you pay is not justified because you spend roughly an equivalent amount of time with your child as the other parent, you may use the child support calculator on...

Q: I lost guardianship of child to my ex based on lies. How do I get a Family law hearing Jackson Co to present evidence?

1 Answer | Asked in Family Law for Oregon on
Answered on Dec 17, 2018
Jessica Larsen's answer
I would need more information to fully answer your question, but assuming your ex obtained a signed order on a Motion to Show Cause, you have 30 days to respond or request a hearing. I would recommend consulting an attorney who practices in Jackson County to discuss your options more fully.

Q: Can I move after I filed a petition for custody, child support and parenting time?

1 Answer | Asked in Family Law and Child Custody for Oregon on
Answered on Dec 6, 2018
Daniel DiCicco's answer
Indeed you may. However, the other party may move at any time for an order to restore the "status quo", which is the parenting time arrangement of the parties in the 90 days leading up to filing. You could find yourself with an order to return right back from whence you came, which could potentially be highly inconvenient.

The other party has 30 days to respond to a petition. I would counsel that you do not move, and that you retain an attorney.

Q: We don't have any joint debts, do I need to list our individual debts when filing the divorce petition?

1 Answer | Asked in Family Law and Divorce for Oregon on
Answered on Dec 6, 2018
Daniel DiCicco's answer
You absolutely should list every debt. The reason is that the court will consider these debts when dividing assets. Even debts only in your name may be "joint" debts when considered in the broader context of your marriage. Full disclosure is best. Also, you really should not be doing it yourself unless you really know what you're doing and / or your finances are extremely simple.

Q: if you pay $600 a month in child support, you pay for the children's health insurance, cover half the cost of daycare

1 Answer | Asked in Family Law for Oregon on
Answered on Dec 4, 2018
M. Nicole Clooten's answer
It really depends on whether there is a judgment. If there is a judgment, and that is all the judgment requires you to pay, then no.

Q: I am curious as to when I should file for custody. When I'm stable or now

1 Answer | Asked in Family Law and Child Custody for Oregon on
Answered on Nov 28, 2018
Jessica Larsen's answer
It depends largely on the situation. If you currently have a parenting plan and have established visitation, you can file a motion to enforce the judgment. This would allow the court to order the father to abide by the judgment and grant you your parenting time. If there is no judgment in place, you can file for custody. Custody is evaluated by several factors; courts give a lot of credit to the parent who has been caring for the child and meeting their day-to-day needs the majority of the...

Q: Can I deny court mandated visitations if I feel there's a threat of harm?

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Oregon on
Answered on Nov 28, 2018
Jessica Larsen's answer
You can be held in contempt if you fail to abide by the parenting time established in your judgment. I think your best course of action if you believe your child is in danger is to file an immediate danger motion which could temporarily suspend parenting time until you are able to serve the other party the paperwork for your modification or until the modification is complete.

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