Daniel S Margolin’s Answers

Daniel S Margolin

Portland Divorce / Separation Lawyer.

Contributor Level 12
  1. OR state child custody laws, spouse is being transferred to another state because of work procedure to change child custody

    Answered over 4 years ago.

    1. Lorena M Reynolds
    2. Daniel S Margolin
    2 lawyer answers

    If the order states that you cannot move, then you would be in contempt of court and could face serious sanctions. Violating the court's order would make your chances of obtaining a final custody award very slim. In addition, the temporary parenting plan likely provides for more frequent parenting time to the other parent than you can provide if you are in Portland which would expose you to enforcement of parenting time proceedings.

    1 lawyer agreed with this answer

  2. Can my husbands X get my income for her spousal support?

    Answered over 4 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    First, if the legal agreement, meaning the divorce judgment signed by the court, states that neither party shall receive spousal support, then she is prohibited for asking for spousal support at any time after the divorce. Second, if this is not the case, and she has the legal right to request support, then the question before the court is whether there has been a substantial change in circumstance and what needs to be done at that point to address the initial reason for support. Your...

    2 people marked this answer as helpful

  3. What are my rights if my husband want to divorce me?

    Answered over 4 years ago.

    1. Mark Kramer
    2. Daniel S Margolin
    3. Linda Friedman Ramirez
    3 lawyer answers

    If you or your Husband have resided in Oregon for the last six months, Oregon would have jurisdiction over your divorce matter. In addition, even if just one spouse wants a divorce, the other spouse, under Oregon law, will be unable to stop a divorce from occurring. With regard to your specific rights and his obligations, a lawyer will need more facts that those that you have provided in order to provide you with a legal opinion that you can rely on. I suggest that you schedule a...

    2 people marked this answer as helpful

  4. In Oregon: Medical Expense incurred for minor children. Who is the "Responsible Party?"

    Answered over 4 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    First, your question should be directed towards your insurance company. The responsible party is going to be the party who is billed by insurance or directly by the provider. For purposes of analyzing the issue in a family law context, the designation is immaterial. You are correct with regard to the OARs and the payment of the first $250, but your wording is confusing. The obligee parent is responsible for the first $250 in uninsured/unreimbursed medical expenses, unless otherwise...

    2 people marked this answer as helpful

  5. Parenting time of non-custodial parent

    Answered over 4 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    You always have to follow court orders despite the behavior of the other parent. Given the facts that you have stated above, you may have a claim for enforcement of parenting time pursuant to ORS 107.434. In such a proceeding the court can modify the parenting plan and provide you with other remedies to resolve the problem. If you feel that the children are in danger, you will need to ask the court for an emergency temproary order. Without such an order you cannot deny parenting time or you...

    1 lawyer agreed with this answer

  6. Divorce document says each parent pays a third for my college and I pay a third, what if one refuses?

    Answered over 5 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    If you are a child attending school as defined by Oregon law and are between the ages of 18 and 21, your parents are obligated to pay you child support while you attend school. Here is the text of the Oregon statute: 107.108 Support or maintenance for child attending school; rules. (1) As used in this section: (a) “Child attending school” means a child of the parties who: (A) Is unmarried; (B) Is 18 years of age or older and under 21 years of age; (C) Is making...

    1 lawyer agreed with this answer

  7. Is it possible to seek an uncontested divorce in Clackamas County OR

    Answered over 5 years ago.

    1. Daniel S Margolin
    2. Erin K Fitzgerald
    2 lawyer answers

    An uncontested divorce is a divorce in which one party files and the other agrees to all disputed issues. This can occur because a party is defaulted (they are served and do not appear) or a party agrees to everything and signs the judgment, thus "appearing" in the case. The latter instance often consists of the parties filing as co-petitioners. Unless you are signing the judgment as a co-petitioner or otherwise waiving service, she will not be able to "sneak" anything by you. Regardless, I...

    2 people marked this answer as helpful

  8. A Father's visitation rights to his son. And what control is the mother allowed to have over it?

    Answered over 5 years ago.

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

    At this point, your wife is not required to allow you to see your son. Until a court proceeding has been initiated and a temporary parenting plan is put in place, you have no method under which to compel her to give you regular time with your son. Her failure to foster your relationship with your son will not assist her during a court proceeding. It is crucial that you speak with an attorney about your rights and how to obtain regular and meaningful time with your son.

    2 people marked this answer as helpful

  9. Procedures for seeking child custody in Oregon state

    Answered over 5 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    Oregon provides for third-parties (including Grandparents) to obtain custody and visitation rights. In general, the party seeking visitation/Custody must prove that the natural parent is unfit. Oregon Revised Statue 109.119 sets forth the relevant law. This is a complicated issue and a consultation with a lawyer is crucial to obtaining proper understanding regarding this law. You obtain parenting time via a motion to the court. In addition, once parenting time is provided for in a...

    1 lawyer agreed with this answer

  10. Summer visitation. Help/ Suggestions???

    Answered about 4 years ago.

    1. Daniel S Margolin
    1 lawyer 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.

    1 person marked this answer as helpful