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Joanne Reisman

Joanne Reisman’s Answers

1,873 total


  • If I am a resident of the state of Oregon but want to start a small business in the state of Washington, how do I get a business

    license and how do I pay taxes?

    Joanne’s Answer

    I would consult with both a CPA and an Attorney that practice in or near the city in Washington where you plan to open up your business. The Attorney can advise you on what type of licensing you might need and can discuss the best type of business structure to use - LLC, Corporation, Partnership, or Sole Proprietorship. While Oregon has similar business structures, you may want to get the viewpoint from a Washington Attorney as to the pro's or con's for each type of business structure when you are operating a business in Washington. If you already have a business set up in Oregon, you might want to keep the same structure, but you can certainly consider your options.

    The fact that Washington doesn't have income tax is completely irrelevant. You live in Oregon and you will be reporting and paying income taxes to Oregon and the Federal Government. The fact that you earn income in Washington may not change your obligation to report and pay the taxes to Oregon while you reside in Oregon. You might want to talk to the CPA about whether moving to Washington so you don't have to pay Oregon income taxes could help, but don't pack up and move first. Wait to make sure your business is successful before you do anything drastic like move.

    A CPA can help you figure out what taxes you are likely to be paying and to who, both personal and business taxes. There may be business taxes due in Washington to a City, County, or State agency. You will just have to investigate this further. Be aware that if you have employees, you will have other bills to pay, like worker's comp premiums, wage withholding, and matching employer's taxes.

    I would talk to a CPA first to see what the tax issues are. Then if you still want to consider doing your business, talk to an attorney second. The CPA may even know about what type of license you have to get as it often ties in with paying taxes to the licensing authority.

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  • Can we get a restraining order against our brother for bullying my mom for money. She is 85 and has given him over 100.000.

    My brother shows up at her house n won't leave until he gets money. Mom feels intimidated n says he won't leave. She says she is being punished if we get on her accounts with her to stop this. Any other ideas how to stop him if we can't get a ...

    Joanne’s Answer

    You can also file an elder abuse report with the Oregon Department of Human Services. Here is the link that will explain who to contact: http://www.oregon.gov/dhs/abuse/pages/index.aspx The web page doesn't say exactly what they will do in response but it does say they will coordinate with various agencies. This definitely sounds like financial exploitation of a person over the age of 65 which qualifies as elder abuse.

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  • What are my options for a case pending if the petitioner filed before the state had jurisdiction?

    I have had my 4 year old son since the day he was born but never went through the courts to legal custody. Last September I flew my son up to Oregon to visit his father for a month. After that month his dad asked to keep for the holidays and I was...

    Joanne’s Answer

    You have reposted this fact scenario multiple times here on Avvo. It's time for you to go and talk to an attorney and get some specific legal advice rather then keep asking questions here on Avvo. This situation is just too complicated to trouble shoot on a question/answer forum. Go see an attorney. You can go and talk to an attorney in Louisiana if that is where you live now, but you will still need an attorney in Oregon to unravel the proceedings that are going on in Oregon.

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  • My ex-wife has blocked me from my 14 year old daughters phone. What can I do about this?

    My daughter and I have a perfect relationship. Custody is split 50/50, and I still pay child support.

    Joanne’s Answer

    You can file a motion to enforce or modify parenting time to establish or enforce your rights to have phone contact with your daughter. But be forewarned, shared custody in Oregon will only continue if the parties get along. If either party is unwilling to continue shared custody the court will modify it and one of you will get full custody and the other will get less time under the new parenting plan. It woulds like you and your ex-wife are heading towards a custody battle if you can't agree on issues like phone time with your daughter. So you need to try to understand what your ex wife's objections are an meet her half way if you want the shared custody arrangement to continue. Otherwise, talk to an attorney about returning to court and changing the parenting plan.

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  • I recently got divorced.My ex wife is going to school full time.She is off during summer.Can I force her to get a job to help?

    I pay all living expenses for both of us and we have 4 kids. She wants the summer off. I work full time m-f and I asked her to get a summer job and she refuses.

    Joanne’s Answer

    I don't understand what you mean by you are paying for all the expenses. Generally in a divorce spousal support and child support are based on someone's annual needs and it is prorated over 12 months. The fact that she has a summer school break doesn't probably change the amount she needs from you overall. She may be spending time with the children or working to save money for school expenses. It's hard to say if her plan is or isn't reasonable without knowing all the facts. I think you need to talk to an attorney about this. I am also wondering why your divorce didn't take into account her school schedule.

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  • Will allowing my children to see their mother, while I'm present, negatively affect the Immediate Danger custody I was granted?

    I was granted sole custody of my children via the Immediate Danger statute. Their mothers parenting time was restricted to "by a supervisor (professional) approved by father @ mothers expense & as arranged through the supervisor in consultation w/...

    Joanne’s Answer

    No, it would not be OK. You have to abide by the order you received from the court until it is modified and odds are that mom isn't all that stable in such a short time. Do some research and find out what is available in the area for supervised visitation. See if this place can help you: https://multco.us/dcj/safety-first. One of the fundamental principles of dealing with someone that has a substance abuse problem is to practice tough love. That means sticking to your commitment to set boundaries with the person that has the problem and don't back down, even though the person appears to be suffering when they are confronted with the consequences of their behavior. You have to stick to your guns.

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  • How do I find out if my ex-brother in law is legally allowed to see his biological daughter. My niece really wans to see him.

    My sister and he are divorced. She retained custody of the 2 kids and told them their dad gave them up legally. However, my niece is 15 now and still cries for her dad and doesn't believe her mom is being truthful. I want to find him so she can se...

    Joanne’s Answer

    I know you think you are trying to be helpful but the bottom line is that your ex brother'n law has to handle his own legal matters and you can't do it for him. If you can find your ex brother'n law, you would offer to help pay his legal fees so he can consult with an attorney. But since we don't know what the current legal status is, that may or may not lead to a solution and it could burn up a lot of money.

    If you just want to find out the truth, you can go to the court house where the divorce was handled and ask to see the case file. Pretty much everything in the case file is public information and you should be able to read and make copies of the documents in the file. (If you aren't sure what court files exist or which courthouse the file is in, as long as it was in an Oregon court, a clerk at any courthouse can look it up statewide by the name of one or more of the parties.

    As for your niece, she only has three more years to go, and she will be age 18 and not under her mom's jurisdiction. She will be free to search out and visit her dad if that is what she wants to do.

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  • Is this legal?

    My dad passed away a couple months ago and my step mom and him were in the process of a divorce. When he passed she put all of his stuff in storage in Arizona were he passed and moved to oregon. She has remained the while all of his stuff is in ar...

    Joanne’s Answer

    Since your father was living in Arizona when he died, Arizona law would apply to the distribution of his property in Arizona. If he had any property located in Oregon at the time of his death, then Oregon law might apply to the portion of property that was actually located in Oregon when he died, but it doesn't sound like he had property in Oregon. You really need to contact an Arizona lawyer to figure this out. Keep in mind that most personal property, like clothes and household furnishings, aren't worth fighting over. I can understand you wanting to have things that have sentimental value or wanting a share of something with economic value. Just be careful not to fight over things that you might find donated to goodwill. It's just not worth it.

    While I don't think Oregon Law applies, just be aware that Oregon's intestacy law provides that only 1/2 of the estate goes to the surviving spouse if there are step children. 100% goes to the surviving spouse only if there are no step children. http://www.oregonlaws.org/ors/112.025. I don't think Oregon Law applies here, but you might want to see what the Arizona law says, especially if there is no will and Arizona intestacy law applies.

    If all you are really after is something that has sentimental value, you might want to talk to an Oregon lawyer and ask them to contact your step mom and request that you be given some personal items. Sometimes having a neutral person call on your behalf can yield results.

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  • If my marriage lisence was lost am I still married?

    My husband and I got our lisence January 14th 2015. We got everything signed and mailed back before the 90 days. Well now we are splitting up and he said we are no longer married because the lisence was lost in the mail. I called vital records and...

    Joanne’s Answer

    There can still be rights between the parties that form a couple but aren't legal married. It is so much cleaner to have some type of legal declaration that your relationship, whatever it is, is not legally terminated. The final Judgment should expressly state how property is returned to it's original owner with no claim by the other partner and should also state that debts are assigned to the one who incurred the debt or is named on the debt and they will hold the other party harmless. If you have any joint debts or jointly held property you definitely should speak to an attorney before you do anything. Also you will probably want to file a petition that says you are uncertain whether or not your marriage was legally solemnized, and you want the court to order either a dissolution of a marriage or a dissolution of a domestic partnership. It isn't that hard to modify the documents that are provided for a divorce to have this alternative language. An attorney could also help you figure out if you were legally married or not and then maybe you only have to do one type of dissolution instead of a hybrid.

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  • Can I motion to strike the pleadings if documents aren't produced by a set date by the petitioner?

    On May 5, 2015 the petitioner of a custody case was served with respondent's first request for production of documents to be delivered by may 25th. He never produced any of the documents and hired a lawyer may 25th. The lawyer was then sent an ema...

    Joanne’s Answer

    The proper motion to get documents is a motion to compel and you can request various remedies if the other party has willfully failed to comply with your request for documents. However courts are more likely to arbitrate the dispute and order the other side to give you documents with whatever limitations may be appropriate. It is very rare that a court will penalize the other side as there is usually some legitimate problem that needs to be resolved. You need to have an attorney represent you in these proceedings as you are in over your head.

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