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Daniel S Margolin

Daniel Margolin’s Answers

190 total


  • Can ex-wife ask for modification of maintenance spousal support after cohabitating?

    The judgment states "Wife's remarriage or cohabitating in a domestic relationship as defined in Bishop and Bishop shall cause Husband's spousal support obligation to terminate." Can ex-wife petition for continued spousal support while cohabitatin...

    Daniel’s Answer

    In addition to Lake's answer, If the co-habitation ends and ex-wife can show: (a) The basis for the termination has ceased to exist; and (b) The reinstatement is just and equitable under all the circumstances as set forth in ORS 107.136 then she would meet the prima facie requirements to proceed with a reinstatement motion.

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  • Can my my ex-wife file something to make me pay my son child support while he is in college?

    My son lives with me when he's not away at school and we have agreed that I will pay certain expenses instead of paying him monthly child support. My ex-wife is now saying she is going to go the court to make me pay him child support. Can she do...

    Daniel’s Answer

    If he is between the ages of 18 and 21 and is a child attending school as defined in ORS 107.108, then she would have the right to file a proceeding to required that support be paid to your son. The court can order payments such as the ones that you are making in lieu of said support and she could end up having to pay support as well.

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  • My company failed and I have not been able to pay support since april. I took a commision only job and have had no pay.. i do ?

    How do I get my support modified to reflect my current and future earnings rather than my previos earnings. It is a substantial decrease.

    Daniel’s Answer

    You need to speak with an attorney and file a motion to modify. It is crucial that you file as soon as possible, because the court can only modify back to the date of service of the motion on your ex. It is very important to have clear documentation of your loss of income.

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  • Contempt in custody case....

    I am wondering what kind of sanctions can happen if I hold the other parent in contempt of a judgment as he is not following thru with requests for certain aspects of the judgment to ensure my child's safety?

    Daniel’s Answer

    The purpose of a contempt proceeding is to ask the court to provide a remedy to the contumacious behavior of the other party. If your concern relates more specifically to the parenting plan, then the proper proceeding would be an enforcement of parenting plan proceeding pursuant to ORS 107.434. You should discuss the other parent's behavior with a lawyer to ensure that you use the most efficient and potentially productive legal procedure.

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  • Can I serve my ex with contempt orders if he moved to California

    My ex moved to California and has not paid alimony as ordered. I would like to file contempt charges in Oregon and have him served where he resides in California. Are the court papers enforceable from one state to another for alimony.

    Daniel’s Answer

    • Selected as best answer

    You cannot serve your ex in California with an Oregon contempt order. What you can do is have your support judgment registered in California and proceed with enforcement remedies under California law. You would be able to serve him with the contempt if he ever does come to Oregon again.

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  • My ex is suppose to have paid $900 towards child #3 braces and hasn't and is also suppose to pay 100% of child #4 and hasn't.

    at the time of the 3rd child he has no money so I prepaid with the intent he was to pay when money was available... never has and now child #4 is past ready for his teeth to be attended to and he keeps saying he can't. Two children have reached th...

    Daniel’s Answer

    If what you seek is the payment of a sum of money from your ex to you then a contempt proceeding would not be proper. You need to consult an experienced attorney to understand the exact terms of the uninsured/unreimbursed medical expense portion of your judgment. You can likely file a proceeding to reduce his obligation to a child support award and then proceed with a contempt or other enforcement remedy.

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  • My daughter doesnt want to go home to her mother and wants to stay with me what do i do

    her mother lives in a bad neighborhood and she is unhappy.she would like to stay with me

    Daniel’s Answer

    If there is a safety concern in having your daughter return to her mother, then you need to discuss with an attorney whether an emergency custody order would be obtainable. Either way, your daughter cannot make this decision and it is incumbent on you to make sure that she participates in visitation. If not, you could be subject to contempt and enforcement proceedings.

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  • Can a Child support order be cancelled?

    I recently Filed for child support and now my childs father said he will pay me but he wants me to cancel the child support order can that be done?

    Daniel’s Answer

    It does not appear that you have an order for child support. You could, most likely, dismiss your child support proceeding, but it would not be a good idea. If he wants to pay support you are better off having him do so via a child support order.

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  • Modify visitation of unfit mother.

    I am a father with sole custody of his 5-year-old daughter (since she was 1). At the time of the General Judgment, mother was determined unsafe by custody eval, but I agreed to weekend visitation in meditation; I feared the Judge's reputation (cho...

    Daniel’s Answer

    You do not need a change in circumstance to modify parenting time. The only issue is whether the modification is in the child's best interest.

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  • Summer visitation. Help/ Suggestions???

    The ex had our daughter call the other night and ask if she can go out of state during the time she is to be at our home for summer parenting time, she is 10 years. Would I be neglecting our daughter's feelings to want to travel even though the s...

    Daniel’s Answer

    Under Oregon law children do not have the right to make parenting decisions. It is best if both parents can be flexible around parenting, but this only works if both parents are cooperating. It seems odd that your parenting plan would create a 3 week parenting time gap. I would suggest that you consult with an attorney to determine: 1. What you can do about the specific issue of this summer; and 2. What changes may need to be made to the parenting plan.

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