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Daniel S Margolin

Daniel Margolin’s Answers

190 total


  • How can a person acquire a copy of a prenuptual agreement if their spouse refuses to provide it?

    The couple signed a prenuptual agreement in 1988 prior to marriage in that year. The husband holds the only copy and refuses to give access to the wife. What legal means exist to enable the wife to force the husband to hand over the document?

    Daniel’s Answer

    Wife can file for divorce and request the document via the discovery process. Wife can also contact the attorney who drafted the document to see if he/she has a copy. Wife should consult an attorney to understand her rights and how best to enforce the prenuptial agreement, if she wants to do so.

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  • Can I move back to Canada with my children if they are Canadian and I have sole custody?

    The Kids were born in Canada and I am now divorced with full custody. I would like to return to Canada with them next year. Is there anything legally that is preventing me from giving written notice to their Canadian father and moving?

    Daniel’s Answer

    You need to immediately contact an experience family law attorney. There have been a number of recent Oregon Court of Appeals decisions relating to relocating with children (see link below). You will need to be able to show why it is in your children's best interest. In addition, there are certain legal requirements with regard to how notice should be given and the timing of that notice should be discussed with an attorney.

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  • Does my debt to income ration effect the amount of child support that I will need to pay.

    My soon to be ex and I make approx the same amount of money, i.e. me 40K and her 45K. So far we have no child care cost because our schedules allow for his care at home. This could change though and we may need child care for about 10 hours a wee...

    Daniel’s Answer

    The short answer is NO. In some very rare circumstances you may be able to apply for a reduction from the guideline amount of support, but that it unlikely. The child support calculation is largely based upon your and the other parent's gross income, health care expenses and parenting time (where there are no child care expenses). The issue of your job "ending" in July could impact the situation as well. It is unclear from your question where your case stands procedurally, which may cause a difference.

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  • How do I go about getting custody of my kids when their father was deported and can no loger come back to the U.S.?

    I have 4 children, 3 of which have the same father and my youngest is result of a rape, the father of the 3 let me give my daughter his last name. He was deported about 2 yrs ago and he can no longer come back to the states. What do I do? How do I...

    Daniel’s Answer

    I assume from the way in which your question is phrased that there was a prior custody decision which awarded sole legal custody to the father. If this is the case, then you will need to file a motion to modify that order. If this is not the case, then the answer would depend on the situation at the time of each child's birth. Whether Oregon is the proper jurisdiction for your situation is also a question. You need to meet with an attorney so that they can obtain all the facts they need to properly answer your question.

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  • No child support 'case' number/order.

    I pay directly to my ex-spouse the child support due as directed in the support order ...now that my son is about to turn 18 do I now just 'change the payee to his name after he turns 18 and is attending school?

    Daniel’s Answer

    This would depend on the manner is which the judgment addresses child attending school support. There may be factual issues that would determine a different result then you are suggesting. I suggest that you have a consultation with an attorney to have your judgment reviewed.

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  • What can I do

    I had physical custody of my daughter for a period of two years. She was performing great while in my custody. Her mom was going to leave her husband and move out. So, I agreed for the daughter to move back in with her mother. Since then she has n...

    Daniel’s Answer

    Schooling decisions are under the authority of the parent who has sole legal custody. Parenting time determines where a child is physically located regardless of the legal custody determination. Your question also appears to raise some third party custody issues. I suggest that you promptly meet with an experience family law attorney to understand the best way to meet your goal.

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  • Who do I contact to make sure that I am the custodial Parent?

    I have a child support order in Lane County, Oregon. I now live in Washington county Oregon. I believe that my daughter's father is going to try and keep her, I do have paperwork stating that my daughter is living with the custodial parent( oblige...

    Daniel’s Answer

    Mr. Kramer's response is correct. In addition, there are benefits in filing paperwork prior to any move. You need to consult an attorney promptly.

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  • How can I go about becoming my biological sons custodial parent? It is for an inheretence he received and he is only 9 years old

    my son is 9, I have birth certificate of course

    Daniel’s Answer

    You would need to initiate a custody and parenting time proceeding through the courts. Having legal custody will not necessarily accomplish your goals with respect to the inheritance. There may be other ways to accomplish those goals. I suggest that you consult an attorney so that you can best prepare yourself if you are filing for custody and so that you can receive some advice with respect to the inheritance issues.

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  • I co-signed a loan 2 years before I filed for divorce. My ex put in his complaint that I surrender car if she defaults. Can he?

    My future ex-husband did not co-sign on the loan, so does he have any right to the vehicle if our adult daughter defaults? The papers say: "If the loan is not kept current, within 30 days of failing to make a loan payment, the vehicle shall be su...

    Daniel’s Answer

    First, you need to be sure to file a response with the court in which the divorce was filed within 30 days of being served. What is in the petition is not what is important unless you fail to answer and he obtains a default. You need to speak with an attorney to make sure that you file a proper response.

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  • Our divorce was in Florida where daughters dad still lives. Support ends at 18 if she goes to college can it be extended?

    Daughter almost 18 we live in Oregon, ex husband wants no college responsibility. Would we both have to pay, can I get him to keep supporting her while in college?

    Daniel’s Answer

    Under federal law there are very specific rules regarding which jurisdiction's law controls the modification or continuation of a support order. You need to consult and attorney and provide him/her with the specific facts that he/she needs in order so that you can understand which state's law controls.

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