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Joanne Reisman

Joanne Reisman’s Answers

1,996 total


  • Can the non-custodial parent enroll child in new school in different state?

    My son wants to attend school in Washington with his dad, I am in Oregon and the custodial parent. Can the custody order remain the same, and can his dad enroll him in school in Washington, or does the custody/parenting plan need to be modified pr...

    Joanne’s Answer

    Your son can go to school anywhere you and the father mutually agree to send your son. However, if this new plan involves your son going to live with his father while attending school, it will probably change who has custody and most likely the father will then be able to apply to have the child support modified as well, most likely in the favor of the father because the son will then be living with him most of the time. It would probably be wise to involve an attorney and hammer out a new custody/parenting time and child support order so there are no surprises.

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  • Why do I have to pay full support for both children, when court has declared no support needed for 18 y.o. not attending school?

    Child support - child 18 not attending school in Oregon (court declared them no longer eligible for child support). Still have to pay full support for that child and younger child since support was based on "children" in the house.

    Joanne’s Answer

    It has to do with the way that the order was written - it just doesn't say how or when the support changes. So you just need to apply for a modification. You can go to the support enforcement office in the your local district attorney's office and ask them to initiate a modification process, That is usually free. However, it might be wiser and safer to see a private attorney and have them help you estimate what the support is likely to be based on your current income. You don't want to ask for a modification if it is going to cause the support amount to get increased which could happen if your income has gone up, the other parent's income has gone down, or the cost of medical insurance has gone up.

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  • Do I have a case of negligence and is there a low income based fee system?

    what type of attorney do I seek for representation: 1. Claim of negligence against a paving company that did not have pilot car, did not clean remaining rock from road surfaces, applied chip sealing for a road surface that over 2,500 commuters t...

    Joanne’s Answer

    My guess is that your truck was damaged when you drove over the road? It really isn't clear what the problem is. You would want to take plenty of pictures of the damage and then get your truck repaired using your full coverage. You can then see a Personal Injury Attorney although your claim would strictly be property damage, but PI attorneys will also handle property damage only claims. There is a statute in Oregon called ORS 20.080 that can be very helpful when suing for law value property damage claims. The statute make it attractive for a PI attorney to take your case on a contingency fee basis as it provides for attorney fees. You also might be able to take the case to small claims court on your own if no attorney will take your case, but I would speak to an attorney first and make a demand under ORS 20.080 becaue the likely result is that the case will be removed from small claims court into regular court and then you will have a hard time dealing with it. Also, if the paving company is contracted by ODOT or some other government entity, you have to send a letter called a tort claims notice within 6 months of the incident to the government agency involved or you may lose your rights to sue. The letter just needs to state what happened and put them on notice that you may sue them. It is hard to figure out all the steps and who needs to be notified so talk to a PI attorney and get some help.

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  • Can the government take my inheritance if I am collecting disability? Can I just give it to my children? What are my rights?

    I am due to receive a substantial inheritance from the death of my father. From what I understand it is from a "Living Trust". I live in Oregon, my father lived in California.

    Joanne’s Answer

    It is very important to talk to an elder law attorney before you receive your inheiritance and determine if any of your benefits are "needs based", which means if you have to be low income, low net worth, to qualify to receive these benefits. Social Security Disability is not needs based nor is Medicare. SSI and Medicaid are needs based benefits. There may be some other programs you are enrolled in that might be effected such as section 8 housing or food stamps. The main concern would be if you are on SSI.

    If you get SSI there and you are under age 65, you would be allowed to put your inheritance into a Special Needs Trust. This would allow you to keep your inheritance but would impose some restrictions on what it can be spent on. You might also be able to spend the inheritance quickly and buy other assets that are exempt, like a car is exempt. An elder law attorney can help you find a solution that will protect your needs based benefits and allow you to still benefit from your inheritance. You can consult with an elder law attorney here in Oregon.

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  • The house is in my name only do i have any rights to to it we were married 16 yea/r/s

    can my furture ex wife kick me out of my house

    Joanne’s Answer

    Assuming that this is an Oregon based divorce and the house is in Oregon - under Oregon divorce law the house will be marital property regardless of whose name is on the title. The court will consider all marital property acquired during the marriage and all marital debt incurred during the marriage and the court will attempt to divide property and debt equally. If the house or any other property was acquired before the marriage by only one of the parties and then used during the marriage by both parties, the court will consider whether the property fully marital property or if only the relative change in value of the pre-marriage property is the marital portion. Sometimes it depends on the facts of the case. But suffice it to say, you can rebut the presumption that all marital property is subject to an equal division because the parties to the marriage contributed equally to the acquisition and maintenance of the property. At the end, whoever gets awarded the house in the marriage will own it and they will be able to evict anyone else staying in the house. But sometimes the court just ordered that the house be sold, then no one gets the house. Sometimes there is a large mortgage in both names so it is hard to award the property to only one spouse, at least without making a provision for the house to be refinanced or sold at some point.

    You put that this is a prenuptial question - but your question doesn't mention anything about you having signed a prenuptial agreement. So if there was a prenuptial agreement that outcome will probably be controlled by the agreement, not what I said above. We need to know if you had a prenuptial agreement and if so, what it says.

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  • How do I get this money out, and how do I prevent my stepdad from taking it all?

    My mother died unexpectedly last year. She didn't have a will. I have two siblings both under the age of 18 from her and my stepfather's marriage. Before she died, they were in the final stages of divorce. I recently found out she had a substantia...

    Joanne’s Answer

    I agree with Ms. Gruber. I would just add that it is possible that no one was named on the 401K and then the money would go to her estate and you would be an heir to that estate. But typically people put their spouses as a 100% beneficiary on their retirement accounts so that may be where the money is heading, to her husband. It is possible that since they were in the process of the divorce the money could be re-routed away from the husband. You need to both contact that 401k plan and find out what the beneficiary status was on the 401k and talk to your mom's divorce attorney. Once you have more information, talk to a probate attorney and find out what if anything can be done under probate law. sometimes a probate attorney can see enough arguments that they can convince the person that would otherwise received\ the funds that it might be wiser to do a compromise agreement. Just a word of warning, probate/will contest type battles tend to run up attorney fees on both sides very quickly so it can eat up what you are fighting over.

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  • How do i find a lawyer/ attorney that will fight for my significant other myself and our children to get us all home again?

    cps came into my house on jan.12 and took my 3 children who were perfectly healthy and happy in their loving functioning secure home and now within 10 days of being in the temporary foster home they are all 3 sick our children are ages 3 year old ...

    Joanne’s Answer

    You have a right to get a court appointed attorney to represent you in any Juvenile Court proceeding that is opened in relation to this case. It is up to you if you want to apply for a court appointed attorney or hire an attorney that you find yourself and pay for directly. CPS doesn't remove children without telling you what their concerns are. You most likely have been told what you need to do before CPS will return the children to you and most likely your best option is to comply with everything that CPS has request that you do. If CPS is concerned with the presence of your significant other in the household for some reason, you may have to separate from your significant other to appease CPS. I don't know if that is the problem, but it is one of the scenarios that comes up frequently. Whatever the problem is, talk to an attorney either that is court appointed for you or who you privately retain. Do not post anymore information on this web page about your case. Don't discuss this on social media. Your postings about this matter on the internet can be obtained and introduced as evidence against you in a legal matter. I am not saying that this posting is going to cause you any problems, but I am just concerned that you may be tempted to say more thinking you will get free legal advice that way and I am warning you that there is no attorney client privilege for matters discuss here on Avvo that are visible to the general public. So don't do it.

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  • Can any of my situation affect her custody battle and is there any restrictions or things I'm prohibited from doing

    I have a rape 3 charge on my record and I'm with a girl now that has a 2 year old daughter. She is currently going through a custody battle with her ex. And he doesn't like that I have a sex charge so he threatened to keep there daughter till she...

    Joanne’s Answer

    This needs to be discussed with your girlfriend's attorney. It certainly could be a factor in a custody battle but it really depends on all the specific details and those details should only be discussed privately with the attorney for your girlfriend so that this attorney can advise both of you as to whether this could factor in to the custody battle. There are tests that can be administered to determine if you do or don't have pedophile tendencies, and by taking and passing a test this could alleviate the concern that you are a pedophile. Still any type of criminal history could be a factor, so it may take more to satisfy the court that you don't pose a risk. Again, don't respond here. Take this up with your girlfriend's attorney and be prepared to follow the attorney's recommendations even if it isn't what you want to hear.

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  • Too many modifications or will I be penalized for withdrawing current petition?

    I filed for a modification of child support and parenting time in December. The proposed parenting time changes were nominal because the other party and I planned to modify again in about 6 months as she will be relocating and will be much closer...

    Joanne’s Answer

    You and the other parent can always file a new stipulated modification of the parenting time plan. Rather than withdraw your motion, I would just file a stipulated parenting plan for what you agree on now, and then another one in six months if the changes you anticipate actually do come to pass. I think the advice you are getting may be due to the attorney's concern that you and the other parent don't actually agree and you are headed for a contested hearing and then you will have another contested hearing in 6 months time when things change again. If you can't easily file a stipulated plan that both of you agree to, then the other attorney is probably giving you good advice, which may be to wait an fight one battle instead of fighting two battles. I don't really know if that is what is going on. You need to talk to the attorney that advised you for clarification or talk to another attorney.

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  • What should we do...just file lost items with our homeowners or with the Allianz Global company of the hotel, or more?

    Hi. I, my husband, my son, daughter, and her boyfriend were all staying a night at The Resort at the Mountain in Welches Oregon on the night of December 29th. At 2:15 in the morning on the 30th, we woke up to the sound of crackling fire at and aro...

    Joanne’s Answer

    The easiest thing to do first is file a claim with under your home owner's or renter's insurance policy. Hopefully you have a policy that will pay the actual replacement cost of your belongings. Of course, your insurance company may require you to pay the deductible, but unless your deductible is very large, this should still be the best way to go. You will still have the right to sue whoever is responsible for the fire at some point in the future, but it may take some time to sort that out. You can certainly contact an attorney about representing you.

    Keep in mind, that if it can be determined that there is someone liable that you can sue, you would only be entitled to the used value of your property that was lost in the fire, not the full replacement cost. So this is another reason why you will do better just pursing your lost property under your own insurance policy. Then your insurance company can fight with whoever is responsible for the fire or the hotel's fire insurance carrier and seek reimbursement, for less then what you collected if you get full replacement cost as opposed to used value.

    It doesn't sound like anyone was physically injured. The psychological trauma is understandable. It may be hard to pursue an injury that is only psychological. Most personal injury cases succeed by showing both a physical and psychological injury. Also, you need to have a viable defendant and it doesn't seem clear yet who that would be. I would want to get a copy of the fire investigation report before I would rule something out. There is almost always a cause determined for a fire. I am wondering of your belief that the cause is undetermined is from news reports rather than the actual official fire investigation report which can take months to prepare and release. Also, the insurance company for the hotel may do their own investigation in addition to what the fire department does. It's just too soon to know who to blame.

    Suffice it to say if the fire was started by the negligence of another guest in the hotel, then the guest, and not the hotel, would be the responsible party. It is unlikely that an individual would have enough insurance to pay all the claims that will against them, so unless you could figure all this out and be first in line, the well will probably run dry very quickly. It could be that the hotel has some culpability even if an individual triggered the initial fire. That could be if the hotel hadn't maintained the hotel as required by the fire codes that apply to the hotel and as a result, the ,mandatory precautions were not in place to slow or stop the spread of the fire.

    The hotel's insurance may also offer you some form of compensation regardless of who caused the fire. It never hurts to ask. But I would start with filing a claim with your own insurance company as that is going to be the path of least resistance and it won't cause you to waive any claims you have against other parties to the extent you are still owed any money.

    I actually heard about this fire as it was on the news. Glad to hear you and your family are OK. The lack of a smoke detector is very concerning. That alone may be grounds for some liability on the part of the hotel, although, it is hard to say if the alarm from the smoke detector going off would have given you enough time to salvage more of your personal belongings.

    Under Oregon Law you have 6 years to resolve your property damage claims with or without filing a lawsuit. Your personal injury claims however must be resolved in 2 years, and if you have both personal injury and property claims, then both must be resolved within the shorter 2 year time limit. It never hurts to consult with an attorney about your damages and most attorneys offer free initial consults for this type of case.

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