Get free answers to your Family Law legal questions from lawyers in your area.
I really don't know where to begin, there is too much to type. My mother passed away a little over 2 years ago. I was told her and her husband had a will then they said they didn't and then they did again. My mother had 4 children and her husband has 3. They have not been around but maybe... View More 
answered on Dec 11, 2023
You will need to seek the counsel of a litigator who has experience with probate. The distributions in a probate happen near the end of probate proceedings and if there is a conflict or contest with respect to the will, that is where the experience of a litigator will help. The amount of time... View More
I won my Oregon family law case. And I was awarded the attorney fees. But the Judge's ORCP 68 Fee Findings faulted me personally [citing "reasonableness and diligence of the parties" ORS 20.075(f) ] for failing to engage in Settlement talks, and for failing to submit a... View More
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answered on Dec 8, 2023
I do not know that there is a right answer for this.
You might ask the attorney to write the judge directly and concede his error. He needs to do this sooner rather than later. He may be reluctant to do this if his error impacted your case.
Since there are statutory time constraints... View More
I filed a petition for parenting time and child support for my daughter who is 2. Her mother was extremely bitter after we separated. Its been a year this month, and I have consistently seen my daughter and have paid her child support each month consistently. I began dating someone this last June,... View More
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answered on Dec 8, 2023
You can ask the court for interim custody, child support and parenting time. You don't say which county you are in or how long ago you filed your Petition. You might call the family law docketing clerk and ask when you will get a trial or when you might get a hearing on temporary custody. It... View More
I have been separated from my spouse since May 2023. Both our paychecks go into a joint account along with shared bills. Am I allowed to move my paychecks to another account before the finalization of the divorce?
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answered on Dec 1, 2023
The best way to handle this situation is to discuss with your spouse how you will handle the joint account going forward. Your spouse will want to move his/her payroll deposits as well to an individual account. You should discuss the timing, and how much you will each contribute to the joint... View More
answered on Nov 11, 2024
This looks like something that an Oregon criminal attorney should probably advise you on. The question was probably overlooked for three weeks because of the "Personal Injury" or "Family Law" headings. If you're being charged, don't lose further time awaiting guidance... View More
is this legal they also took my phone my mom gave me and still pays for but I searched up that its still illegal to do so is this also correct?
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answered on Oct 29, 2024
Turning 18 grants you legal adulthood, meaning you have the right to choose where you live. Your father cannot force you to stay with him against your will. If you prefer to live with your mother, you have the autonomy to make that decision independently.
Taking your phone without your... View More
Can I ask him for a list?
answered on Oct 22, 2024
Did your mother pass away or did she hire a probate attorney? Were the expenses incurred by the attorney or someone else? More information is needed before your question can be accurately answered.
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answered on Sep 2, 2024
You do not give enough information to meaningfully answer this question.
Has there been a custody proceeding between you and the mother? Has there been any other court involvement? Are you currently paying child support? Were you and the mother married? Was there domestic violence between... View More
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answered on Jun 13, 2024
You need to contact Oregon Department of Justice/Child Support Division and request that they notify Oregon DMV that your child support is current. Once DMV is notified, DMV should reinstate your license.
answered on Mar 13, 2024
I do not do probate litigation, however, I believe it is unlikely that a will contest case would be handled with a contingency fee.
I have a child with a parent who had assaulted me in the presence of the child in 2017 and has not had contact with them since. They were arrested, charged and took a plea deal. I would like to change his name but want to avoid this other human being as much as possible. I was trying to figure out... View More
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answered on Mar 8, 2024
Search Google for Oregon Minor Name Change. The first answer will be a fact sheet from the Oregon Judicial Department. Follow the instructions. It is pretty straightforward.
Hope that helps.
answered on Jan 10, 2024
There are not very many attorneys in Oregon who handle temporary (emergency) guardianships. You can give me a call at 503-786-8191 I will try to locate someone to help you.
It's been a nightmare ever since the day they were taken up until now, especially when they turned 18.i felt helpless wish I would of tried to find legal help,as far as my rights to know my childrens whereabouts,and visitation rights I raised them from the day of conception until they were 10... View More
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answered on Dec 8, 2023
You cannot kidnap your own child.
Unfortunately, you do not have much recourse now as both children are adults.
The court cannot order the other parent to return them to you.
I am sorry that you are in this situation.
It is our understanding that no penalty is assessed when a QDRO is filed as part of a divorce settlement. The receiver of funds would have to pay taxes on that money, correct?
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answered on Dec 1, 2023
Quite honestly, your question shows such a mis understanding of the way a divorce is handles, I would urge you to speak with a local attorney - particularly where a present retirement account needs to be divided years in the future.
Generally, attorneys hire other attorneys to prepare... View More
He is married to my step brother. He completely took over after my step dad passed. There is a very serious conflict of interest. He kept her from me.and her freinds. I found out that my step had been stealing my grandpa's and my mom's money. And he put it in a irrevocable trust. This guy... View More
answered on Dec 1, 2023
I am sorry for your loss. I recommend you hire a probate litigator to review the facts and advise you.
recent marriage and she has called me to yell at me for giving my son a sinus nasal spray, she doesn't communicate with me and tell me that she took my son to the ER, She told me that there is no court order that says she has to let my son talk to me?
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answered on Oct 13, 2023
A step parent has no legal authority over a child. The legal authority is reserved to the biologic or adoptive parents. Unless there is a court order, a new spouse married to an ex does not have any authority to decide how to raise the child and certainly cannot tell you whether you can or cannot... View More
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answered on Sep 12, 2023
First, you'll need to establish legal standing, demonstrating your significant and beneficial relationship with your brother. Then, you'll file a custody petition in Oregon, his primary place of residence, and notify all relevant parties, including his parents or legal guardians. Collect... View More
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
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.
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answered on Jul 12, 2023
During divorce or child support proceedings, one party may request information about the other party's financial situation, including any public assistance they may be receiving.
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