Daniel S Margolin's Answers

How common are divorce modifications?

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

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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Oregon child custody laws, ending joint custody and seeking child support

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

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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Custodial Parent Alienating Children

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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Split custody and parenting time

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

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

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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When a parent files for a temporary emergency custody order, what action is taken to notify the other parent of their intent?

There are two forms of emergency custody order. A pre-judgment order (meaning that it is taken out at the time the original custody request is filed with the court) and a post-judgment order (meaning that it is taken at the time a modification is requested). Pre-Judgment orders are governed by ORS 107.097 (3)(a). The statute does not require that notice be provided to the other party. The party requesting the order must be present in court and present an affidavit alleging that the child...

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Can children awarded custody to another parent at a certain age chose to live with non- custodial parent?

Under Oregon law, a child can never determine which parent to live with. That being said, there is statutory authority to appoint a lawyer to represent your children in a modification of custody case. ORS 107.425(6) provides: (6) The court, on its own motion or on the motion of a party, may appoint counsel for the children. However, if requested to do so by one or more of the children, the court shall appoint counsel for the child or children. A reasonable fee for an attorney so appointed...

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