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Oregon Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Oregon on
Q: My ex wife had my two kids. 7 months back she gve my son to me. Being garnished.she owe me that money back?

She has only provide health insurance, no support. Not returning my money. Said it for the $3000 back I was. I paid that off in full. Is she stealing that from me / the state / her son. I pay her and support him 100% more like 112.5 %

Joanne Reisman
Joanne Reisman
answered on Mar 18, 2017

It is your obligation as the payor of the support to initiate a modification of the support order when the situation of where the children are living changes. The original judgment for child support continues in full force until it is modified. So any money that she has received she can keep... View More

1 Answer | Asked in Family Law for Oregon on
Q: I raised my grandson since he was born. My daughter took him back at the beginning of the the school year. And because

I don't like her abusive boyfriend she won't let me talk to him. She is making him suffer and he wants to come back home to me. What can I do and the cost?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 15, 2017

If within the past 180 days, the child resided with you and you provided his daily care, nurturing and support, you are eligible to file a claim for custody of the child. If it has been more than 180 days since the child resided with you, then you can still file a claim for visitation rights.... View More

1 Answer | Asked in Adoption and Family Law for Oregon on
Q: my boyfriend is coming down and wants me to sign adoption papers for his daughter the mother gave up her parental rights

to get her sentence dropped in jail how do i go by doing the adoption papers

Vincent J. Bernabei
Vincent J. Bernabei
answered on Mar 15, 2017

This is a bad idea, and I would advise against it for many reasons. Mother can't just give up her parental rights, unless they were terminated by a court order. You will need a judgment/decree of adoption, which will make you the legal parent of the child. You should consult with an attorney... View More

1 Answer | Asked in Family Law for Oregon on
Q: how do i get my daughter back from dhs.im a great daddy but dhs gave my baby daughter to my wife to take her to a rehab

dont i have rights as a father

Joanne Reisman
Joanne Reisman
answered on Mar 14, 2017

If your paternity hasn't been established you can contact the district attorney in your area or the department of justice and volunteer to pay child support. As part of the process they will establish your legal paternity. Then you will be on the hook for child support but you will have the... View More

1 Answer | Asked in Family Law for Oregon on
Q: fathers rights adv0ocate/pro bono......how do i find a pro bono lawyer to help get my daughter back
Joanne Reisman
Joanne Reisman
answered on Mar 14, 2017

It is very unlikely you will find a pro bono lawyer. Lawyer's in Oregon have to pay $3,500 in malpractice insurance and $1000.00 in fees just to keep their doors open in addition to any office overhead and staff salaries and their personal living expenses. Very few family law lawyers make... View More

1 Answer | Asked in Family Law for Oregon on
Q: I'm 61 years old, divorced & awarded $2100 alimony p/m, indefinitely. My ex has stopped paying & I have no other income

Hired a PI to do an employment search ($350) in the hopes of garnishing his wages. They contacted me today to say that they have come up with nothing. I can't afford an attorney and called Legal Aid who told me that they can't help because I'm not currently being abused or in... View More

Joanne Reisman
Joanne Reisman
answered on Mar 3, 2017

Bernice, Go back to St Andrew's Legal Services. Get an appointment with one of their lawyers. What you did was you called the Oregon Lawyer Referral Service. It is not a specific lawyer they sent you to that was low cost, it was just the Lawyer Referral Service which are regular lawyers... View More

1 Answer | Asked in Family Law and Tax Law for Oregon on
Q: I have joint custody and 50/50 time of my son. My ex claimed him on taxes when it was my turn. What can I do?

We had a verbal agreement that we would trade every other year to claim him, but now she decided to claim him before I could. What can I do if anything to get this reversed?

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 27, 2017

You can do nothing or you can claim your child as a dependent for tax purposes. If you claim him as a dependent, the IRS will audit you and your former spouse. You will need to prove to the IRS that your child resided with you at least 50% of the year and that you paid more than 50% of his... View More

1 Answer | Asked in Family Law for Oregon on
Q: What right do I have as a mother to object to someone trying to establish paternity?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 27, 2017

A man claiming to be the father of a child born out of wedlock or of an unborn child who may be born out of wedlock is entitled to initiate a paternity action in court.

2 Answers | Asked in Family Law for Oregon on
Q: "This judgement contains a support award that has been noted as a money award in the court register." ???
Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 27, 2017

You have received notice of entry of a court judgment. The court clerk is required to send written notice of entry of judgment in all cases. The judgment includes an award of support, either spousal or child. The award of support is called a money award. To determine the amount and the terms of... View More

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1 Answer | Asked in Divorce and Family Law for Oregon on
Q: How do I serve my ex with divorce papers from Oregon to California?

He moved to California after I filed.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 24, 2017

Any adult resident of California or Oregon, can serve the divorce papers on him. You should contact a process server in CA to arrange for personal service or substitute service. You may also serve him by certified mail, restricted delivery to him alone. If he personally signs for the papers,... View More

1 Answer | Asked in Family Law for Oregon on
Q: My husband's 18 year old son is in his senior year in high school in Oregon.Has the parenting plan ended?
Vincent J. Bernabei
Vincent J. Bernabei
answered on Feb 24, 2017

Yes. A parenting plan applies only to minor children.

1 Answer | Asked in Family Law and Elder Law for Oregon on
Q: How do I have my mother become a ward of the state?

My mother has outlived her funds, She receives $1201.00 a month in Social Security. She does not qualify for medicaid and is being threatened with eviction. We have tried to find her another place to live in the area so she can stay close to her Doctors and there just isn't anything available... View More

Joanne Reisman
Joanne Reisman
answered on Feb 24, 2017

I would not assume that she doesn't qualify for medicaid. At her age, 86, she should probably be in assisted living and she should be able to qualify for medicaid that would help pay for that. She would have to spend her social security on the cost of her care and medicaid would pick up the... View More

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Oregon on
Q: What are my options in either hyphenating or changing my daughter's last name without my ex husband's consent?

When my daughter was born i was engaged to her father. It seemed only natural that she should have his last name. We got married and then within a year we divorced. I never took his name. I have full custody and he has limited parenting time which he has barely used. Cumulatively he's spent... View More

Joanne Reisman
Joanne Reisman
answered on Feb 23, 2017

You can read Oregon's name change law here: https://www.oregonlaws.org/ors/33.420 It states that written notification must be sent to the other parent. It doesn't require that they consent. However, the implication is that once they get the notice they could file an objection. Given... View More

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1 Answer | Asked in Estate Planning and Family Law for Oregon on
Q: I got married and changed my name.

If after the death of a relative and I'm named in my will under my maiden name, will that make a difference to receiving the heirloom?

Ben F Meek III
Ben F Meek III
answered on Feb 15, 2017

No, it's not a problem. You just need to show that you are the person named in the will. Typically just a statement under oath would suffice. Very common.

1 Answer | Asked in Family Law for Oregon on
Q: Is divorced dad with "joint legal custody" required to consent to passports for 5 year olds?

Divorce decree simply says "Either parent may obtain passports for the children."

It also says that the other parent must be notified and approve in advance of international travel.

BUT divorce decree does NOT state that the other parent consents or is required to consent... View More

Joanne Reisman
Joanne Reisman
answered on Feb 7, 2017

It may be that the immigration services require the consent of both parents. Not sure because that isn't my area of expertise. But it would seem that the other parent needs your assistance in some way and this wan't antcipated in the decree.

So if the children having passports...
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1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: in joint custody is it illegal to with hold information from the other parent?

I have joint custody and have my son 50% of the time. and as of recently the mother is refusing to give copies of important information such as his social security card, health insurance ect.. what course can i take to gather this information? and is she breaking the law by doing this?

Joanne Reisman
Joanne Reisman
answered on Feb 1, 2017

Read the following two statutes. You can always contact the agencies directly from whom you need to get the information. If that fails, consider taking the mother into court to get her to share the information you need to perform your role as joint custodial parent. Just keep in mind that if the... View More

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: State of Oregon child support Laws

How do you Drop child support when, the primary caregiver has given the kids to other families to raise and we are still paying child support to the primary care giver and its all going to drugs, We don't have a ton of money to get a lawyer and fight the order, how do we get this dropped, been... View More

Joanne Reisman
Joanne Reisman
answered on Jan 29, 2017

The solution is not to get out of paying child support it is to make a motion to modify the child support so that you can make the payments directly to the person that is actually taking care of the child or children. Regardless of what the primary parent is doing there is still a duty to support... View More

1 Answer | Asked in Family Law for Oregon on
Q: Is a 25 year old written agreement between a ex husband and myself still liable to be paid even though it's that old

I satisfied a very large judgment against my ex husband for back child support with the stipulation that I received a one-time lump sum payment I never received my payment and this was 25 years ago can I still is he still tell liable to pay me and if so how do I do it I was thinking in a letter of... View More

Joanne Reisman
Joanne Reisman
answered on Jan 27, 2017

Are you saying that you filed a satisfaction of judgment with the court for the amount owed but enver got paid? If that is what you are saying, I am not sure if you can still do something about this. You will need to consult with an attorney and discuss this. The potential problems you have is... View More

1 Answer | Asked in Family Law for Oregon on
Q: Does noncustodial parent have to have new address when we move if he's causing us to lose our home ?

I'm not keeping him from visitation I just can't keep having him causing trouble thus forcing us to move again.

Joanne Reisman
Joanne Reisman
answered on Jan 27, 2017

It is really impossible to answer this without knowing all the facts. The best thing for you to do is consult with a family law attorney.

1 Answer | Asked in Family Law for Oregon on
Q: does non custodial parent have any rights?

Dad has soul custody, parenting time is 50/50 with one week on one week off both parents. Dad has denied phone contact this week so far and has denied any information to mom Re: school. Mom wanted to meet child at school for 1st day of K. What rights does mom have being the non custodial parent... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 24, 2017

You and the father have equal rights. These should be spelled out in your parenting plan. Even if they are included in the parenting plan, some parents try to interfere with the other parent's rights. In those cases, he will get away with whatever you let him get away with. The best way to... View More

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