Get free answers to your Family Law legal questions from lawyers in your area.
After my step dads major stroke to the right side of his brain, he became aggressive. Especially towards my mom and I ... He even notified others of his intentions to stab her to death. He was removed from the home by the police and now living with a man he hasn't seen in over 55 years and... View More 
answered on Jan 7, 2020
You and your family are experiencing a very complicated elder law issue. I recommend you hire an experienced local elder law attorney to assist you. Your question cannot be answered online.
Me and several people are being subpoenaed by the opposing party in regards to guardianship of a minor. Several of which have either passed away or haven't even associated with the involved parties enough to warrant a satisfactory reason for the subpoena. The opposing party requesting all the... View More
answered on Jan 7, 2020
If the subpoena is truly frivolous you can file a motion to quash the subpoena and explain to the court why you think this is frivolous. Just because subpoena's are being issued doesn't mean that they will be served. In Oregon the party serving the Subpoena has to tender a check for a... View More
When I've asked her for an accounting of the trust she says "there's no money so there is no trust. Real property has been sold along with vehicals including recreation vehicals. Each beneficiary was to get 1/3 of his estate and upon his death was to distributed to us kids. He was... View More
answered on Jan 6, 2020
It is possible that your father never transferred his assets into his Trust. If, for example, his property was jointly held with his wife then it is not controlled by his Trust. I recommend you hire a local probate attorney who can write a demand letter to the Trustee(s) to try to determine... View More
I need to respond but not sure if I can go through my local county court office or if I have to file online or over the phone with the court in Maine? I’d like to consult with a family lawyer.
answered on Jan 4, 2020
Look at the paperwork. If it is all related to a proceeding in Maine then you have to respond in the court in Maine. But if it is Oregon assisting a child support case from Maine then you may be able to respond in Oregon, most likely asking for an administrative hearing. The paperwork should... View More
answered on Dec 18, 2019
Your statement doesn't makes sense. Please post again with proper grammar so that we know what your question is.
I currently live in Oregon. Father pays child support, but currently there is not custody agreement. Both parents were on a schedule with the child prior to the change. Mother was week days, and father was weekends. Mother changed parenting days to every other weekend. Does the father have any... View More
answered on Dec 16, 2019
Parents have the right to Parent. No court order is technically required to determine custody or parenting time. The reason to go to court to get an order is to balance out the rights of the parents with the assistance of the courts. So yes, as a father you do have rights. That's why you... View More
My sons father's lawyer is requesting bank and credit card statements, I'm confused how the is relevant evidence, since that information is not calculated in regards to child support, so how is that information needed or going to be used? How do I object to that request? His lawyer said... View More
answered on Dec 11, 2019
This information might be relevant to prove what the correct amount of Child Support should be. The type of information they're asking will show your spending power and could lead to them asking about other sources of money that you have other than the income you are declaring. So yeah they... View More
He has asked for 6 months of bank statements, 6 months of credit card statements for all in my name, 4 paystubs, 2018 and 2019 tax returns. I understand the pay stubs and tax returns, because the court would request those, but the others seems irrelevant and intrusive.
answered on Dec 11, 2019
I get this question in nearly every case. The discovery process can feel intrusive, but the main thing is that the request must be reasonably calculated to lead to relevant evidence. So it would be helpful to know what kind of a case it is. Is it an initial custody case? If so, then bank... View More
I was a minor when he passed and he was not legally married to my mother, but did sign my birth certificate declaring him as my father. My mom told me that he did have life insurance and that I was on it as his beneficiary. I have no idea why I wasn't contacted in regards to this policy, or... View More
answered on Nov 14, 2019
It's possible that you have some rights in regards to your father's estate but I don't have enough facts to know for sure. If he died without a Will then you are one of his intestate heirs. However, this is only helpful if he owned assets that needed to go through probate (assets... View More
I'm uneducated to how the system works and I need help
answered on Nov 4, 2019
If you need help in finding an attorney, you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon (800) 452-7636 and ask for a modest means referral. There are some attorneys who are willing to represent clients at a reduced rate.
You could... View More
My son was in the care of someone else while I was at home packing our belongings to flee from a bad situation that I did not want him around. While he was with the other individual he ingested narcotics and almost died. I met him and the person providing care for him at the hospital and the next... View More
answered on Nov 3, 2019
This is too complicated to figure out based on your brief synopsis. You need to contact an Attorney who can both review your details of what happened and review the court records. A reunification plan is only when there is a juvenile court proceeding and in a juvenile court proceeding you would... View More
2 1/2 months ago my daughters father(we'll call him 'J') got fired from his job intentionally to bypass child support by not showing up to work. I now know from second hand that he is working under the table. (My mom received a call from J's mom, she asked if my mom had heard... View More
answered on Oct 27, 2019
The fact that he got fired doesn't automatically lower his support obligation. It will continue until the court orders a change. If he files to modify the support you can certainly argue that his past work history proves what his minimum earning capacity is. The court is likely to continue... View More
she is technically wanted by police. isnt it illegal to support a wanted perrson?
answered on Oct 23, 2019
You civil obligation to pay spousal support is not changed by her criminal problems. Make your payments until the spousal support obligation is modified by a Judge.
answered on Oct 15, 2019
An unmarried couple breaking up and file a dissolution of a domestic partnership. There is a major difference in this type of proceeding from a divorce. Oregon Law renders a presumption that married people share everything equally. There is no such presumption for an unmarried couple. Rather it... View More
I have received the same amount of child support for seven years now. My sons father has not changed jobs and is earning the same wage as before. However, the last 5 months I have received 1/4 of the court ordered amount. I found out that his girlfriend recently filed for child support of their... View More
answered on Oct 9, 2019
Hopefully your support is being collected for you by Oregon's Support Enforcement. You need to call them and find out why the amount forwarded to you has gone down. Some reasons it can go down could be he didn't pay the full amount or he lost or changed jobs and the maximum they can... View More
i hAVE six children 3 of them whore are my childrens sibiling that i have raised 100% there lives 3,4,8 mother is absent for over 3 years and father and i are seperated i raise the children 100% on my own and have played the role of single parent half of there lifes alone since seperation i have... View More
answered on Oct 3, 2019
To obtain custody of a child who is not your biological child, you will have to overcome a legal presumption that the child's legal parent is acting in the best interests of the child. Raising the child may be enough to overcome the presumption that the legal parent is acting in the... View More
answered on Sep 29, 2019
I don't understand what you are asking. Please re-post with more clarity.
I have never received a penny! He lost his business because of gambling and drinking and so lost his income. So I never went after him for support. He now is on S.S. and I need to have it garnished. We were married in Multnomah co. Or. I live in Prineville, Or
answered on Sep 23, 2019
If he has any assets like a house it might be easier to foreclose your judgment lien on his house or other assets he has. Social Security is generally exempt from garnishment but there may be an exception for spousal support. I'm not sure. I know there is an exception for child support. If... View More
She left 08-01-19 and took out son to her parents over 60 miles away. A week later I submitted the paperwork I needed to and included a motion for Status Quo. That was signed as an order 08-12-19. Her lawyer was given copy in court (had court for Ex Parte which was dismissed) and was told by the... View More
answered on Sep 15, 2019
Your lawyer should set a date for a hearing to determine temporary custody and temporary parenting time. But it is likely that your wife will also ask for temporary child and spousal support. This isn't just about her moving to her parents house. It is about transitioning from married to... View More
And how can I find proof of the payments to my ex. and how can i correct this and stop it from garnishing my wages if i believe it not to be true.
answered on Sep 9, 2019
Retrace the payments you made then request a printout of the payments processed by the division of child support and compare the two. If you paid by check then go back to your bank and get bank records. If your payments were from wage withholding then go back to your employer and request your... View More
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