Daniel S Margolin’s Answers

Daniel S Margolin

Portland Divorce / Separation Lawyer.

Contributor Level 12
  1. My fiance' and I are wanting to get full custody of my 4 year old child. How can he become the legal parent of my child?

    Answered over 4 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    The only way that this can be done is via a step-parent adoption. You need to discuss the matter with an experienced family law attorney.

    1 person marked this answer as helpful

  2. What do i do if i dont think the kid is mine and i pay child support?

    Answered over 4 years ago.

    1. Daniel S Margolin
    2. Ronn Bisbee
    2 lawyer answers

    First, there must have been a paternity finding in order for you to pay child support, if the support payment is by court order. It is likely that you are too far along to now claim that the child is not yours. There are, however, ways to test for paternity. From your question, it sounds to me like you are more frustrated about being cutoff from visitation. That issues should be easier to deal with, provided that there was a legal adjudication that you are the father. You need to...

    1 person marked this answer as helpful

  3. I pay spousal support. It was modified last year due to her remarriage. Will it be reduced further if I remarry?

    Answered over 4 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    The court will look at whether your new marriage creates a substantial change in circumstance sufficient to warrant a modification. You have a difficult case to convince a court that your obligation should be reduced due to your voluntary choice to remarry. That being said, a lot depends on the detailed facts of your case and how the original judgment and supplemental judgment's findings were drafted. I suggest that you consult an attorney.

    1 person marked this answer as helpful

  4. Visitation of child before dissolution of marriage is final. seperated for 6 months filed papers now will not let me see child

    Answered over 4 years ago.

    1. Samuel J Kuzma
    2. Daniel S Margolin
    2 lawyer answers

    You should file for a hearing to establish temporary parenting time in addition to requesting a TPOR as described by the previous answer.

    1 person marked this answer as helpful

  5. Remedies for collection of Judgment Lien for unreimbursed medical expenses.

    Answered over 4 years ago.

    1. Daniel S Margolin
    2. Andrew Daniel Myers
    2 lawyer answers

    You can enforce the judgment using any available enforcement remedies for any civil judgment, including, but not limited to, garnishment of wages. There may be other methods depending on the manner in which the judgment was rendered by the court. Contempt would only be available as a remedy if the judgment is delineated as a child support award.

    1 person marked this answer as helpful

  6. Sign away child support for legal rights? What legal steps steps should I take?

    Answered over 4 years ago.

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

    Your son's father cannot "sign away his legal rights," with two exceptions. The state, in a juvenile proceeding, could terminate his rights; or, if you are married and your husband wants to adopt your son, the father could sign away his rights by making your husband the legal father.

    1 person marked this answer as helpful

  7. Can my husbands ex use my income to get more child support from him now that we are married ?

    Answered over 4 years ago.

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

    This is a very common threat that I hear from the spouses of recently re-married child support obligors. She would have to make a very compelling argument to rebut the guideline amount of support, which does not take into account your income. She would have a very difficult time proving such a case. You and your husband should consult an attorney to understand each of your rights in this regard.

    1 person marked this answer as helpful

  8. What is the definition of community property in a divorce?

    Answered over 4 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    Oregon is not a community property state, so there is no definition for community property in oregon. Martial assets are the assets that a court can divide in a divorce. Inherited property is dealt with differently than other property and needs to be very carefully analyzed. The facts surrounding both the receipt of the property and the way in which it has been used are crucial in the determination.

    1 person marked this answer as helpful

  9. Can a 16 year old decide which parent to live with in oregon

    Answered over 4 years ago.

    1. Daniel S Margolin
    2. Daniel J DiCicco
    3. Mark Kramer
    3 lawyer answers

    There is no age at which a child can make these decisions, until he/she turns 18 and the court no longer has jurisdiction over them. There are, however, a few methods by which a child can have input in the process. 1. An attorney can be appointed for the child. If the child is old enough, the attorney can advocate for the child’s wishes; 2. If there is a custody evaluation, the child will be interviewed and the evaluator may take the child’s views into account; 3. The child can testify in...

    1 person marked this answer as helpful

  10. It stated in both custody plans to use mediation before using the court to resolve any disagreements. My ex won't do this.

    Answered over 4 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    If your parenting plan clearly states that no proceeding can be filed prior to mediation occurring, then that is a basis to file a motion to dismiss his motion for modification. If it does not clearly say this, then, while I agree with you that it would be better for him to have suggested mediation prior to filing, he can proceed with his motion.

    1 person marked this answer as helpful