Daniel S Margolin’s Answers

Daniel S Margolin

Portland Divorce / Separation Lawyer.

Contributor Level 12
  1. What are my chances of getting sole custody & state relocation through an evaluation?

    Answered almost 5 years ago.

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

    Relocation cases are very difficult. I would highly recommend that you seek legal counsel. All of this depends on the specific facts at issue. Under current law the court, and the evaluator's, decision must be based solely on what is in the best interest of the child and not on any other factors.

    1 person marked this answer as helpful

  2. How many years do you need to be married before a spouse is entitled to spousal support in the state of Oregon?

    Answered almost 5 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    There is no limitation on the amount of time that you need to be married in order to request spousal support. The length of the marriage is only one factor in the court's decision. That being said, spousal support may be inequitable in a very short term marriage. A marriage of 10 years would not be considered to be short term.

    1 person marked this answer as helpful

  3. Post Divorce - Discovery for Cash Medical Reimbursement

    Answered almost 5 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    First, I would suggest that you consult an attorney with regard to the best manner for obtaining reimbursement for the medical expenses as the manner you are suggesting may or may not be preferable. Second, the Oregon Rules of Civil Procedure (Rule 43) govern the procedure for a request for production. ORCP 36 states that you can inquire into "[a]ny matter, not privileged, that is relevant to a claim or defense is discoverable if it appears reasonably calculated to lead to the discovery of...

    1 person marked this answer as helpful

  4. Can my 14 year old choose to live with me even though ex has full custody in oregon

    Answered almost 5 years ago.

    1. Daniel S Margolin
    2. Steven Alan Fink
    3. Alan James Brinkmeier
    3 lawyer answers

    It is a common misconception that a child (a person under 18 years of age) can choose which parent has custody, what parenting schedule they should follow, or where they should live. This is not true. That being said, attorneys appointed to represent children and custody evaluators talk to kids about their wishes. In order to have your children live with you, you will need to file either a motion to modify custody (which requires a substantial change on circumstances) or a motion to modify...

    1 person marked this answer as helpful

  5. Upon pick-up for visitation, per Parent plan, if 15 yr. old refuses to come, what are my options right then & there?

    Answered almost 5 years ago.

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

    Clients often are confused over the difference between "custody" and "parenting time." Custody refers to the right to make parental decisions, like which doctor the child sees and where he/she goes to school. Custody has nothing to do with how much time the child is with either parent. If you have "joint legal custody" then you are both the custodial parent regardless of the fact that he has 51% of the parenting time. You need to file a motion for enforcement of parenting plan. The...

    1 person marked this answer as helpful

  6. Could the other parent of my child take her and run ?

    Answered about 5 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    If a custody matter has not yet been filed, then under Oregon law, the parent with whom the child was living at the time paternity of the child was determined is determined to have legal custody of the child. ORS 109.175 provides: (1) If paternity of a child born out of wedlock is established pursuant to a petition filed under ORS 109.125 or an order or judgment entered pursuant to ORS 109.124 to 109.230 or ORS 416.400 to 416.465, or if paternity is established by the filing of a voluntary...

    1 person marked this answer as helpful

  7. Medical reimbursment 50/50 per court order

    Answered about 5 years ago.

    1. Daniel S Margolin
    1 lawyer answer

    You cannot file for a garnishment. That is not an appropriate method until you have a judgment against the mother. The proper proceeding is a motion for supplemental judgement reducing the amount of unpaid expenses to a child support judgment. Then either the state, or you privately, can enforce the judgment.

    1 person marked this answer as helpful

  8. I live in Oregon, how can I make my husband leave when there is no physical abuse?

    Answered over 5 years ago.

    1. Daniel S Margolin
    2. Robert J Harris
    2 lawyer answers

    In a proceeding for divorce, you would have the opportunity to ask for temporary relief. ORS 107.095 provides for a right for a spouse in a divorce to be awarded exclusive use of the family home and allows the court to order a parenting plan. You should meet with an attorney and discuss your options.

    1 person marked this answer as helpful

  9. Insurance required, let lapse by ex after divorce

    Answered almost 6 years ago.

    1. Daniel S Margolin
    2 lawyer answers

    There are various legal means to enforce this provision in your divorce judgment. If your judgment is stipulated, then you could file a contract action claiming damages based upon the costs incurred by you. You could also file to hold him in contempt of court. In order to decide the best route to take, I suggest that you schedule a consultation with an experienced family law attorney.

    1 person marked this answer as helpful

  10. Insurance required, let lapse by ex after divorce

    Answered almost 6 years ago.

    1. Daniel S Margolin
    2 lawyer answers

    There are various legal means to enforce this provision in your divorce judgment. If your judgment is stipulated, then you could file a contract action claiming damages based upon the costs incurred by you. You could also file to hold him in contempt of court. In order to decide the best route to take, I suggest that you schedule a consultation with an experienced family law attorney.

    1 person marked this answer as helpful