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Oregon Family Law Questions & Answers
1 Answer | Asked in Family Law for Oregon on
Q: Can I get child support arrears if the other parent hasn’t been following the agreed upon parenting time?

Two years ago I signed an agreement to share 50/50 parenting time. However, shortly after the agreement and child support order was modified the other parent no longer allowed one of his children to visit due to behavior issues and therefore neither child has been at the other parent’s house for... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 15, 2020

Your question presents a complex and unique situation that cannot be answered here.

Generally, a modification of child custody requires a substantial change of circumstance since the time of the most recent award of custody. Once a person demonstrates a substantial change of...
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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I was served custody paperwork dated 11/16/2010. Is it still valid being dated wrong.
Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 15, 2020

The main purposes of service of legal pleadings (service of process) are (1) to notify a person that there is a court proceeding that may affect his or her legal rights and (2) to give that person an opportunity to contest the claim. If the purposes are met, the service of process is considered... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: can a lawyer from one county represent a client from where the papers were filed in another county in Oregon?
Tim Akpinar
Tim Akpinar answered on Nov 30, 2020

An Oregon attorney could answer best, but your post remains open for three weeks. As a GENERAL matter NATIONWIDE, attorneys who are licensed to practice in a state can usually practice throughout the courts of the entire state without county-specific restrictions (other than limitations that may... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: If parenting plan to move out of state is agreed upon, only if child support is cut. Is that extortion?

My wife and I are trying to move from Oregon to Arizona. We met with her ex (non custodial) parent and he agreed upon a parenting plan but he will only sign if child support is cut in half.

Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 20, 2020

No. Extortion is a crime that usually involves a threat of physical harm. You have a dispute about child support.

Oregon’s Uniform Child Support Guidelines contain a formula that takes into account the parties’ gross income, the parties’ parenting plan (the overnights), childcare...
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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: How long is the process to petition the court to move out of state if I have joint custody?

I have physical custody and he has her every other weekend and a couple weeks in the summer. He told me he will not allow me to move. Financially this is best for me and educationally right now is best for her.

Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 3, 2020

Subject to the court's availability during COVID 19, a hearing in most relocation cases can usually be heard within 3-5 months of when Father files his objection to the move. Often, the objection is accompanied by a motion to change custody and/or parenting time. The process usually begins... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can my ex say I'm unfit in custody case cause I'm stay at home mother. I'm remarried and my husband has a great income

Being as I'm able to stay home and school our children would my husband income count as providing for my children. Or for custody would they go off just my income? I know with child support they go off just your income but what about custody and providing for your children when your remarried.... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 16, 2020

One factor that a court may consider in deciding whether to modify child custody is whether a parent is able to provide a secure and stable environment for the children. Your current spouse's income, which allows you to be a stay-at-home mother to your children, could work to your advantage... Read more »

1 Answer | Asked in Social Security and Family Law for Oregon on
Q: Is it legal for my father’s wife to withhold my social security card?

I moved out of my fathers house to my mom’s when I was 15 and they now have split custody. I haven’t seen him in almost 3 years though because he and his wife are abusive. I am now 17 and I’m looking into getting a job, but I can’t do that without my social security card, and the office... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Oct 13, 2020

Your current legal guardian is the only person who has the right to hold a minor's Social Security card. Anyone else can get in trouble with the federal government for trying to hold on to it.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Oregon on
Q: I want to have my kids more, but my wife refuses.

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... Read more »

Vincent J. Bernabei
Vincent J. Bernabei 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...
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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Is it possible to file a parenting plan modification without an attorney in Oregon due to safety concerns

My ex and his girlfriend who he lives with are being investigated by CPS. There has been domestic violence in the home and heavy drinking. I want to know if there is a way to make it so they cannot stay overnight until this situation is resolved. The behavior has gotten worse and has been going on... Read more »

Jessica Larsen
Jessica Larsen answered on Sep 28, 2020

Yes, you can file for a parenting plan modification without an attorney. You will need to locate the forms for a Motion to Show Cause re: Modification of Parenting Time on the court website which you can fill out yourself. If you find them too difficult, you should retain an attorney to assist you.

1 Answer | Asked in Family Law and Domestic Violence for Oregon on
Q: I am under adjust status currently with my pending Family-Based Application. My husband is quite not treating me right.

Since we got married on 2018, he is different when it comes to money. Not only that, but also with respect to me. We have a joint account and he gets all my salary. All of his salary only goes to his debt (which is still not fully paid till now). And now he got laid from his work since April 27 and... Read more »

Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

Your question isn't clear from the facts you presented. There is no way you can force your husband to contribute in a more meaningful way to the household. You could seek a divorce, and a lawyer can help you do that.

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Next Step in Child visitation Process

Mother of child took child and moved to Oregon. I am looking to prove paternity and request visitation rights (I currently reside in PA). What is my next step? I don't have any other information on their whereabouts other than currently residing in Oregon. Do I need a PA lawyer or an Oregon... Read more »

Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

It is unclear whether you need an Oregon lawyer or a Pennsylvania lawyer. The state where you should litigate depends on how long the child has been out of the state. If it has been less than 6 months, you should speak with a Pennsylvania attorney, who would likely hire an Oregon private... Read more »

1 Answer | Asked in Family Law for Oregon on
Q: Modifying spousal support in Oregon to indefinite.

I was divorced in 2015. We mutually agreed on spousal support for 5 years. I am permanently disabled under social security. I am seeking a modification to extend support indefinitely. Since my disability was not addressed in the initial divorce would that fall under a change in circumstance or... Read more »

Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

Based on the facts you presented, it is unclear if you will be able to modify your spousal support. If you were disabled before the divorce and you agreed to 5 years of spousal support knowing you were disabled, you will likely not be able to change your spousal support. If, however, the disability... Read more »

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: Son just turned 18 and is at basic for army. Will go to school for ROTC. Can we now pay him directly? Located in Oregon

Ex wife feels she is entitled to that money so we can to know our options

Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

You should be able to pay support directly to your child. However, if you have an existing support order through the Department of Justice, you should make a request to the DOJ that you would like to change who your payments are made to, and the DOJ can make that change.

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: I am looking to change a child support claim, but the obligee currently resides in another state, what is the procedure?
Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

If you have a current child support order in Oregon, you can work directly with the Department of Justice by making a written request, or you can motion the court for a modification.

1 Answer | Asked in Family Law for Oregon on
Q: The parenting plan says, “when the child is not attending school, follow the summer schedule” is distance learning

Considered attending school? Do we stay on the summer schedule or do we go back to the school schedule?

Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

This is a difficult question to answer, because this situation has not been addressed by a court yet, due to the novelty of COVID. For the sake of stability of the children, I would be inclined to think a judge would require the parties to follow the school schedule, despite the distance learning,... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: May a minor with a custody agreement choose to live with only one parent? If so, at what age and what ORS governs this?
Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

A minor that is the subject of a custody agreement may not decide for himself where to live until he turns 18. There are some ways to work around this, such as retaining a custody evaluator or having the court appoint an attorney to advocate for the children's interests. You should talk to a... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Oregon on
Q: Wife asked for a divorce and said she was moving 90 miles away the same day. 3 year old will be in school in 2 years.

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... Read more »

Jessica Larsen
Jessica Larsen 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... Read more »

2 Answers | Asked in Animal / Dog Law, Domestic Violence and Family Law for Oregon on
Q: How do I revise a restraining order to gain custody of my dog who is registered in the county and chip in my name.

The individual has a current misdemeanor and pending indictment taking effect for felony strangulation, menace, assaultin 4th degree and harassment.

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 16, 2020

If the person who has your dog is the person who is restrained from contacting you, you will have to get in Touch with the prosecutor or your victim’s advocate To see if you can do a civil assist to get your dog back.

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1 Answer | Asked in Divorce, Family Law and Small Claims for Oregon on
Q: I was awarded spousal support in my divorce. My ex suddenly stopped paying it. With limited resources, what can I do?

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... Read more »

Gregory L Abbott
Gregory L Abbott 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... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for Oregon on
Q: I live in Brookings, Oregon. My brother his girlfriend and their child refuse to leave my home. How do I get them out?

Hello my name is Debra and I live in Brookings, Oregon and I have a huge problem with my brother, his girlfriend and their child living in my home.

Approximately 2 years ago my husband decided to leave me. He bought a van and left and he now lives in his van. I stayed at our home continuing... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 3, 2020

Much depends upon the exact facts and details. IF there is a landlord-tenant relationship between you, you may be able to terminate their tenancy and evict them in court. The fact that they agreed to do repairs in exchange for being allowed to live there may (again, depending upon the exact... Read more »

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