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Oregon Family Law Questions & Answers
2 Answers | Asked in Domestic Violence and Family Law for Oregon on
Q: If my husband is disable trought VA and social security and we been marry since 2004 , and I suffer domestic violence

And suffer domestic violence for most of the time in been marry and don't work and suffer for pstd, and depression, what rights I have I can have spousal support o alimony, we buy a house just 1 year and 1/2 ago

Joanne Reisman
Joanne Reisman
answered on Sep 14, 2017

This may be a very complicated situation especially if you are getting disability which is either SSD or SSI or some combination. You really need to make an appointment and talk to an attorney about your situation. If you haven't already applied for disability you may need to apply and get... View More

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1 Answer | Asked in Divorce, Family Law and Child Support for Oregon on
Q: I was on assistance for a short time in Oregon. My ex wasn't paying child support. Now the state of Oregon has taken

$1000's from his tax returns that were supposed to come to me for back child support. There is no possible way they gave me as many $1,000's of dollars as they have taken. Furthermore, Washington state is the only state that should have anything to do with this case. I currently have... View More

Joanne Reisman
Joanne Reisman
answered on Sep 14, 2017

The State gets to reimburse the State for the money the State paid you on assistance. You don't get both State assistance and child support. However, if the child support ordered monthly was greater then the monthly amount of State assistance ordered, you might be entitled to get paid the... View More

2 Answers | Asked in Family Law for Oregon on
Q: How is a spousal support modified if there are a change in circumstances?

When it comes to spousal support. If there is a substantial change in circumstances, is the judge supposed to look at what is fair and just with what is now, what was then, or only at the actual support that was originally ordered to see if and or what it would take to meet the original order /... View More

Joanne Reisman
Joanne Reisman
answered on Sep 5, 2017

This question cannot be answered on the internet. An attorney will need to know the facts of the case leading up to the award of support and then discuss with you what has changed since the award was made. It is also important to look at the language of the Judgment as sometimes parties agree... View More

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1 Answer | Asked in Family Law for Oregon on
Q: Dad allowed by courts school info. Now school is not sharing the same info as they share with the other parents. Legal

I am not receiving any info sent home about beginning of new year that all other parents receive. Was told I would find out who child's teacher is after open house and this year I had my son when the open house was. I have asked for Welcome back letters, medical eval done such as eye,... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 1, 2017

This is a common problem. First, prepare about 10-12 stamped, self-addressed envelopes and give them to the home room teacher or counselor, and kindly ask them to send copies of any announcements, notices, letters to you. Include a $5 coffee shop gift card for better service. Also, most schools... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: How does a person retain custody of their own child after the temp custody has expired from the "foster parents".

My girlfriend ended up doing some time in Oregon. Her Daughter was placed in the temporary custody of a couple who are friends of the fathers family. He gave up parental custody but she has not. The temporary custody order had expired about a month ago and when we went to try and the daughter my... View More

Joanne Reisman
Joanne Reisman
answered on Sep 1, 2017

There is no way to answer this over the internet. If this is a case that was in Juvenile Court then your girlfriend probably had a court appointed attorney and should contact the court appointed attorney. The State of Oregon would still technically be determining where the child is placed and the... View More

1 Answer | Asked in Family Law for Oregon on
Q: in the state of Oregon parenting plan worksheet there is a section with 2 boxes; "parent a will be primary resididence"

and "neither shall be considered primary residence" . what does this effect in terms of rights or loop holes?

Joanne Reisman
Joanne Reisman
answered on Aug 31, 2017

Oregon Law for Parenting/Custody if left to a Judge to decide will award custody to one and only one parent and the other parent will get some amount of parenting time. Any other type of parenting plan is really by mutual agreement between the parents. The work sheet is just for you or both you... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My ex took my kids, I have full physical custody. He won't return them. Can I just get them from their school.
Joanne Reisman
Joanne Reisman
answered on Aug 30, 2017

If you have a court certified copy of the order giving you custody and it is clear when the children are supposed to be with you, not something vague like the parents will decide parenting time, then you can ask a police officer to help you pick up your children or you can show the certified copy... View More

2 Answers | Asked in Family Law for Oregon on
Q: I have custody of my son. I am trying to get child support from my ex-wife. i got a dui in January and am on diversion.

no one was with me in the car when i got the dui. my ex says she is going to use that against me. will that effect anything?

Joanne Reisman
Joanne Reisman
answered on Aug 30, 2017

The DUII alone does not prove you are incapable of properly parenting your son and it is to your credit that your son was not with you at the time. However it may be an indication of an alcohol problem that could interfere with you judgment as a parent. No one is going to be able to analyze this... View More

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1 Answer | Asked in Domestic Violence and Family Law for Oregon on
Q: What do I need to be prepared for or make sure I bring for an Order to show cause hearing for an Enft of Parenting time

FAPA in place

Gregory L Abbott
Gregory L Abbott
answered on Aug 30, 2017

Show Cause Orders, Parenting issues, and FAPA Orders are all not do-it-yourself projects if you care about the outcome. What you need to bring with you to court is an attorney. It is that simple.

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: If parents cant agree on school district for kids, what do we do?

Both parents lived in same school district. 1 parent has moved and said they would not take kids out of district but once heard we are moving now wants to remove them from district. Other parent wants to move closer but keeping kids in same school district.

What are our rights? What do we... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Aug 30, 2017

The answer depends on whether there is an existing custody order issued by a court that has jurisdiction over the parents and the children. If there is no existing custody order, both parents have equal rights to enroll the children in school, so you may want to file a court action to establish... View More

1 Answer | Asked in Family Law for Oregon on
Q: Do I have to have my husbands permission to put my daughter in school if custody isn't set yet.

Divorce and custody has not been set yet. We do 2 weeks with me and 2 weeks with him due to living in different towns. Our daughter is 3 and should be starting head start. My soon to be x husband told me that I can not sign her up for school in my town without his permission. Is that true?

Joanne Reisman
Joanne Reisman
answered on Aug 28, 2017

It sounds like the problem isn't getting anyone's permission. I don't think the school is going to care as long as one parent signs the child up. The problem is swapping the child back an forth every two weeks. This is simply not a sustainable parenting plan once the child is in... View More

1 Answer | Asked in Family Law for Oregon on
Q: I am filing for divorce and my soon to be ex is filing for bankruptcy How will this affect my divorce?
Joanne Reisman
Joanne Reisman
answered on Aug 26, 2017

In order to answer this question you should consult with an attorney that understands both divorce and bankruptcy law because the answer will depend on many factors such as: 1. Is your husband planning to file before or after the divorce? 2. In whose name are the assets at the time that the... View More

1 Answer | Asked in Child Support and Family Law for Oregon on
Q: Hi, Can legally disown my adult son in Washington County Or.? I wish to cut all legal/financial support ties with him!

He has put us through absolute hell. This SOB is no longer my son to me! I do not want him to be able to contest my will. I do not want to have to pay him child support as he claims to be a child attending school. There is a support order to pay him, but he's technically not attending school... View More

Joanne Reisman
Joanne Reisman
answered on Aug 14, 2017

It is fairly easy to create an estate plan that will completely disinherit your son. You just have to go and see an attorney and pay for the estate planning.

The child support can be discontinued if you prove he is not attending school or he is not successfully completing enough credit...
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2 Answers | Asked in Family Law for Oregon on
Q: I have 50/50 custody but slightly more time then my ex. I live in a different city. Can I change my children's schools?

Our parenting plan stipulates that I have them exactly half of the week and he has them the other half. However, since we started sharing custody, I have had them one extra night a week even though the plan doesnt reflect that. My sons, 6 and 8, currently go to school in a different city which... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Aug 14, 2017

It is unlikely that you would be in contempt of court if you register your children for school in the city in which you reside. You should review your existing judgment to make sure there is nothing in there that restricts you from doing that. That said, it may not be the best decision to change... View More

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2 Answers | Asked in Family Law for Oregon on
Q: My daughter is a full time student who just turned 18. I would like to pay her directly. How do I accomplish this?

She lives 75% with her mother, my ex. I'm interested in knowing how to do this, and how much I will pay her directly and how much I will continue to pay my ex for her support. I don't really expect to have the total funding from my side change, but perhaps it will.

Joanne Reisman
Joanne Reisman
answered on Aug 13, 2017

You can go back to court and get the support order modified to order the payments to be made to your adult daughter instead of to your ex. The Judge will have discretion to order the payments still be made to your ex and may consider continuing that payments being paid to your ex particularly if... View More

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1 Answer | Asked in Family Law and Probate for Oregon on
Q: I am a grandmother trying to get INTERVENOR status and apply for probate guardianship of my granddaughter. How? Forms?

The atty I consulted asked for a $5000 retainer which is beyond my means. Can you please just show me how to do it? A sample? The forms? Thank you

Joanne Reisman
Joanne Reisman
answered on Aug 13, 2017

There aren't any do it yourself forms and you really need to have an attorney to help you with this. A $5,000 retainer is pretty reasonable for a case involving custody which this essentially is. In fact, $10,000.00 or more is more common. You need to understand that you might have to pay... View More

1 Answer | Asked in Family Law, Civil Rights and Health Care Law for Oregon on
Q: Seeking info on filing for POA/Guardianship of severely mentally handicapped/I'll brother, ODOC inmate

I have a severely mentally handicapped, as well as, severely mentally ill brother who is deaf and a current inmate of ODOC. Last year, a habeas corpus lawsuit was filed against DOC for cruel & unusual punishment. As of right now, a court hearing/trial date for this lawsuit is awaiting a set... View More

Joanne Reisman
Joanne Reisman
answered on Aug 11, 2017

You can't get step by step details how to do this posting on the internet. You need to hire a lawyer to help you with this. Hopefully you have money to do this but you could also contact legal aid if you need to. It sounds like he has an attorney helping him with the Habeus Corpus suit, at... View More

1 Answer | Asked in Child Support and Family Law for Oregon on
Q: Did the mother have any legal responsibility .......

to let the courts know that the child was not living with her and to pay the child support to whom ever was taking care of the child.

Scenario:

My husband has been alienated from his son for the last 16 years. His ex did everything possible to keep him from his son going so far as... View More

Joanne Reisman
Joanne Reisman
answered on Aug 7, 2017

Asked and answered: https://answers.justia.com/question/2017/08/06/my-husband-has-been-alienated-from-his-s-302365

As far as I know there is no requirement that the mother reports when the son stops living with her and frankly it wouldn't be workable. The custodial parent is entitled...
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1 Answer | Asked in Family Law and Child Support for Oregon on
Q: My husband has been alienated from his son for the last 16 years. His ex did everything possible and seemingly

impossible to keep him from his son going so far as accusing him of molesting his son at 5 years old. His son is now 21 and has reunited with his father. What he has found out is horrendous. Not only was his son "homeless" at the age of 15 he has not been in contact with her for the last... View More

Joanne Reisman
Joanne Reisman
answered on Aug 6, 2017

First of all, child support is only payable to the parent, it is never payable to the child with the exception that the court can order the support payable to an adult child age 18 to 21, but unless ordered it remains payable to the parent. Second, you can't retroactively modify child support... View More

1 Answer | Asked in Family Law for Oregon on
Q: Non biological rights

Can a non biological and non legal father get visitation rights or ordered phone calls with their child if he is the only father figure the child has had his whole life?

Joanne Reisman
Joanne Reisman
answered on Aug 4, 2017

Probably as long as there isn't a long gap in the relationship. Read this Oregon statute: https://www.oregonlaws.org/ors/109.119 The parent might even have a host at custody if bio-mom and bio-dad aren't capable of parenting. But timing is critical as you will see when you read the... View More

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