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Daniel S Margolin

Daniel Margolin’s Answers

190 total


  • Will i have to pay spousal support

    i filed for divorce after 13 years of misery my wife is asking for spousal support however she has owned her own buisnesses and also the whole time we have been married she has had her boyfriend living with us and he provides for her just as much ...

    Daniel’s Answer

    Spousal support is a very difficult issue in any divorce. The court looks at certain statutory factors as set forth in ORS 107.105(1)(d)(A-C) in deciding whether support is appropriate. Generally it is awarded to allow a spouse to maintain a standard of living or transition back into the workforce. The facts that you provide may suggest that support is inappropriate in your case, but you need to consult with an attorney to make sure that you can protect yourself.

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  • Can my husband demand money back withdrawn 2 years back from jt accounts

    what happens if the money is spent and only some left, spent on household expenses

    Daniel’s Answer

    In a divorce, the court has the power to equitably divide your assets. Generally, the court looks at the value of the assets as of the time of the divorce, not at some prior time in the marriage. Your husband would have a very difficult burden of proving marital waste in order to receive this money back. You need to consult with an attorney to protect your remaining assets.

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

    Me and my ex girlfriend had a child and split up but the issue is i pay 400 in child support and i dont even know if he's mine? also i had contact with the child for 8 years and now that i have a girl friend she went for child support and will not...

    Daniel’s Answer

    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 consult with a local family law attorney.

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  • How and what do I do when My 15 yr old daughter decides she wants to live w me and is now @ my resid.

    My ex-wife has sole custody of our two children,We reside in Oregon,I did not have an attorney during our divorce.Now my 15 yr old daughter wants to now reside w me & is currently at my home, I am not keeping her from her mother but encouraging he...

    Daniel’s Answer

    It is very important that you consult an attorney. Under Oregon law, where your child lives is based on her best interest, not her wishes. You need to understand your rights and obligations under the current order so that you do not subject yourself to sanctions for contempt or other enforcement remedies as so that you can address your daughter's best interests.

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  • If you have physical custody can you move with out telling the father if its still in oregon.

    i am thinking about moving to a ifferent town

    Daniel’s Answer

    Ms. Leiberan's answer is well considered. I would add that you should consult an attorney to understand the process that you will need to follow and, if you are dead set on moving, in order to make a plan to give you as good of a chance as possible. There are possibly significant ramifications if you move without going through the correct process.

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  • My kid wants to live with me.

    mother and i already have a case in oregon courts. She has her full time and but my child wants to live with me cause of her step dad. and we want to do it the shortest way. so do i just file a motion to modify my case or is there a way to file w...

    Daniel’s Answer

    If you and the mother are able to reach an agreement outside of court, you can commemorate that agreement via a supplemental judgment modifying custody, parenting time and child support (or only one or two of those legal issues). There are certain court mandated requirements that will need to be filed. Simply having mother sign a document that does not meet these requirements may not be enforceable. You should discuss the matter with an attorney to make sure that you cover everything that you need to.

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  • How can my husband enforce his parenting plan with his ex?

    My husband's ex is refusing to give him his 9 week visitation this summer. His ex says he can only have his daughter for 8 weeks because of her sports schedule, the ex doesn't want to reschedule it. What does he have to do to get his daughter for ...

    Daniel’s Answer

    The Oregon legislature has created a very clear statutory scheme for the enforcement of a parenting plan. If your husband's parenting plan states that he has 9 weeks of visitation and she is not following the plan, then he needs to file to enforce the parenting plan. Please view the link below for more information and consult an attorney.

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

    I pay spousal support, which was reduced when the ex was remarried last year. I am contemplating remarriage myself and want to know if my spousal support to the ex will be reduced/eliminated if my new spouse represents a financial burden to me.

    Daniel’s 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.

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  • How long and what should I document to go for change of custody?

    Nearly two years ago my ex-wife filed for full custody and I ended up settling as she had a better case at the time due to status quo. I wanted full custody and still do. Over the last two years my parenting time has been gradually increasing from...

    Daniel’s Answer

    A custody modification is a very fact specific issue that has to do with more than just a change in parenting time. ORS 107.137 lays out the specific factors. You will need to prove that there has been a substantial change in circumstance since the prior modification and that it is in the best interest of the child(ren) that you be awarded sole custody. I suggest that you consult an attorney for two reasons: 1. To find out if you have enough evidence to prove your case; and 2. To make sure that you plan properly for your case and file at the correct time.

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

    I called the the IRS and asked if I can claim my daughter who I had physical custody of all of 2009 even though my Oregon divorce decree said my ex is entitled to claim her. The IRS rep asked me a series of questions and at the end said I should c...

    Daniel’s 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 seek the advice of a competent and experienced CPA.

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