Daniel S Margolin’s Answers

Daniel S Margolin

Portland Divorce / Separation Lawyer.

Contributor Level 12
  1. Oregon child custody laws, ending joint custody and seeking child support

    Answered over 5 years ago.

    1. Daniel S Margolin
    2. John L Barlow
    2 lawyer answers

    You can do this without legal representation. I do caution you, however, that approaching this issue without a lawyer can result in a worse result in court or more expensive representation to correct your errors. That being said, if you want to proceed on your own, the Multnomah County Courthouse has a family law self-help department. You can also find the relevant forms online at the Oregon Courts website.

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  2. How common are divorce modifications?

    Answered over 4 years ago.

    1. Daniel S Margolin
    2. David Alexander Browde
    2 lawyer answers

    You cannot modify the property division portions of a divorce. If spousal support is not designated as "non-modifiable," the award can be modified based upon a substantial change in circumstances. A child support award can be modified based upon a substantial change in circumstances. The parenting plan can be modified if modification is in the children's best interest. A joint custody award can be modified if the parents show that they can no longer communicate effectively. A sole custody...

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  3. What would be the reason for consolidating a restraining order & a petition for dissolution of marriage order?

    Answered over 4 years ago.

    1. Daniel S Margolin
    2. Michael Douglas Shafer
    2 lawyer answers

    Yes. One reason would be that any custody and/or parenting time ruling in the domestic relations case after issuance of the restraining order trumps the custody and/or parenting time orders in the restraining order.

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

    Answered almost 4 years ago.

    1. Daniel S Margolin
    2. Troy Austin Pickard
    3. Ronee F Korbin Steiner
    3 lawyer answers

    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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  5. Custodial Parent Alienating Children

    Answered about 4 years ago.

    1. Daniel S Margolin
    2. Ronee F Korbin Steiner
    2 lawyer answers

    Were you represented by an attorney when you made this agreement? How long ago was the agreement made? You can always petition for modification. Modification of the parenting time arrangements can be made based upon what is in the children's best interest. Modification of the custody award is much more difficult as a substantial change in circumstance must be shown.

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  6. Split custody and parenting time

    Answered over 4 years ago.

    1. Daniel S Margolin
    2. Mark Kramer
    3. Theodore W. Robinson
    3 lawyer answers

    You are absolutely correct. The Oregon Child Support Guidelines bases child support in part on the percentage of parenting time that each parent has with the children. The child support award is a class award, which means that it is not broken apart for the different children. There is only one award for all the children together. It is likely that her having two children with her would offset your having the one child with you. The new child support calculator can be confusing and it is...

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  7. Is there ANY way of accesing my husbands accounts that are only in his name?

    Answered over 4 years ago.

    1. Daniel S Margolin
    2. Mark S Guralnick
    2 lawyer answers

    If you were to file for a divorce, you would be able to request that the court order your husband to pay obligations and to provide you with temporary spousal support and child support during the proceeding; the support provisions could become permanent at the end of the case. Absent filing for divorce there is nothing you can do to force him to provide you with more funds. This answer should not be taken to suggest that I encourage people to end their marriages, but rather that this is the...

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  8. I had physical custody of my daughter all of 2009. Oregon divorce decree says ex gets to claim on taxes. IRS said claim?

    Answered about 4 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    This is a question that comes up frequently in divorce cases. Without reviewing your decree it is impossible to completely answer your question. Regardless of IRS rules, you could be in contempt of court if you claim your daughter as dependent and the divorce judgment says that you cannot. You need to consult an experienced attorney who can review your judgment and help you think through your options, which may include filing to modify/clarify the judgment. I would also suggest that you...

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  9. Is there a way to legally fight lawsuit if child support has been paid to mother and not to Child support office

    Answered over 4 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    The answer to your question depends on the way in which the original award was structured. Even if the state's position is legally correct, she could always sign a satisfaction of judgment. There may be other interests or needs that she has that you could meet via mediation to allow her to agree to sign the satisfaction. You should consult with an attorney to determine the best way to proceed.

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  10. What can a parent do under OR child custody laws to compel other parent preventing child visitation and custody

    Answered over 5 years ago.

    1. Daniel S Margolin
    2. Daniel J DiCicco
    2 lawyer answers

    If a court has not adjudicated custody and parenting time regarding your child, then you need to file a petition for custody. If there has been a legal proceeding to determine custody and parenting time, then the parent who is being denied parenting time with the child can move to enforce parenting time under Oregon Revised Statute 107.434: 107.434 Expedited parenting time enforcement procedure; fees; remedies. (1) The presiding judge of each judicial district shall establish an...

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