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David I Bean

David Bean’s Answers

10 total

  • How do my husband and i get his exwife to comply to an agreement in their divorce?

    She's suppose to sign over the rights to a time share according to the divorce but hasn't so far. she still uses the time share. she's moved out of state.

    David’s Answer

    ORS 107.104 allows courts to enforce terms of settlements using contract remedies or by imposing any remedy available to enforce a judgment, including but not limited to contempt. If the original judgment was not stipulated (agreed upon), then contract enforcement remedies are not available. Also, getting an award of attorney fees may be possible. Ask a lawyer!

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  • Is there legal action that can be taken after finding out ex did not disclose he had a Roth IRA

    found out he was investig in a Roth IRA and failed to produce it when asked. He only produced a 401k and my attorney believed that was it, although I continued to state he had in IRA

    David’s Answer

    A careful review of the judgment is necessary in order to answer this question. Often judgments will say that each party is awarded "any retirement assets in his or her sole name." If the judgment says that, arguably the IRA was addressed.

    If it was not disclosed, you can file a motion under ORS 107.452 which provides:

    107.452 Reopening case if assets discovered after entry of judgment. (1) A court that entered a judgment of marital annulment, dissolution or separation shall reopen the case upon the motion of either party if the moving party alleges that significant assets belonging to either or both of the parties:

    (a) Existed at the time of the entry of the judgment; and

    (b) Were not discovered until after the entry of the judgment.

    (2) If the court finds that the assets were inadvertently omitted from the distribution of the marital estate, the court shall make such distribution of the omitted assets as is just and proper in all the circumstances.

    (3) If the court finds that the assets were intentionally concealed and thereby not included in the distribution of the marital estate, the court may order:

    (a) The division of the appreciated value of the omitted assets;

    (b) The forfeiture of the omitted assets to the injured party;

    (c) A compensatory judgment in favor of the injured party;

    (d) A judgment in favor of the injured party as punitive damages; or

    (e) Any other distribution as may be just and proper in all the circumstances.

    (4) The court may award attorney fees on any motion filed pursuant to this section. The court shall award attorney fees to the moving party if the court finds that assets were intentionally concealed and thereby not included in the distribution of the marital estate.

    (5)(a) A motion alleging inadvertent omission of assets must be filed within two years after the date of discovery of the omission but no later than three years after the entry of the judgment.

    (b) A motion alleging intentional concealment of assets must be filed within two years after the date of discovery of the omission but no later than 10 years after the entry of the judgment.

    (6) A motion under this section may be filed with and decided by the trial court during the time an appeal from a judgment is pending before an appellate court. The moving party shall serve a copy of the motion on the appellate court. The moving party shall file a copy of the trial court’s order in the appellate court within seven days after the date of the trial court order. Any necessary modification of the appeal required by the trial court order shall be pursuant to rule of the appellate court. [1995 c.800 §6]

    Good luck.

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  • What happens at the hearing after the divorce trial

    After the divorce trial where the judge declares the winner of primary custody of children, what happens at the hearing? Is this the time when the papers are signed or can more points be argued?

    David’s Answer

    Sometimes the judge will draft the judgment. More frequently, the Petitioner or Petitioner's attorney will be instructed to draft it.

    I will note that rarely are there "winners" in family law. Parents need to work hard on raising their children together, whether married or not. There are exceptions, of course, such as when there is domestic violence or bad addiction issues. Even then, the hope is that eventually both parents will be good, healthy participants in their child's life.

    Lastly, no document is more important than the judgment. Even if you don't have a lawyer represent you in your case, you should have one review the judgment before it is submitted to the court.

    Good luck!

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  • Can my ex prevent me from having more time with my kids if I have no "dirt " on me but being married to another women?

    Been divorced since '11'11, separated since 12'10. Our younger child was born '04'11. The older one was born in '08. Emotionally abusive relationship for all the 7 years of marriage. Now I am married again and the kids admire and love my new wif...

    David’s Answer

    How these things turn out is anybody's guess. If the parenting evaluator supports your position and you can get him/her to testify to that at your trial, your chances of being successful greatly increase. You'll also want to bring in other unrelated witnesses, like teachers, neighbors, doctors, and the like. Bringing your mom to say how great you are is a lot less persuasive. Also, you can explore options like St. Andrew's Legal Clinic if you can't afford to pay for an expensive lawyer. There are also lots of less experienced lawyers out there who are probably hungry for work and would adjust their rate or barter if you ask. Good luck.

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  • Is it possible to remove a $1m life insurance policy that was assigned in the divorce decree to my ex- wife?

    I purchased the policy at 21 years old before I met my ex wife. I paid every year on the same policy until age 43 when I got divorced. The judge assigned my $1m life insurance policy to my ex-wife and made me change the beneficiary to her. I thoug...

    David’s Answer

    If she owns the policy, you have no control over it. If you are the owner, you can drop the policy, but you will be in violation of a court order, which I don't recommend.

    It was not insane or illegal behavior by the judge. I can see why the decision made you unhappy, but anytime you let a stranger in a black robe decide your future, you are bound to be unhappy about at least some of the decision. Perhaps you can negotiate a deal with your ex to allow the policy to lapse.

    Good luck.

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  • Can dating while going through a divorce hurt your case?

    My boyfriend is going through a divorce and I am just wondering if him having me as a girlfriend can hurt his case against his wife? He left her in October but she filed for divorce first. I didn't meet him at all until February. I obviously don't...

    David’s Answer

    It's nice of you to ask. It shows you're very caring. I bet he could use that right now.

    Whether dating while going through a divorce hurts one's case depends on whether custody and parenting time are at issue. If not, it shouldn't matter too much, but I would recommend keeping finances separate, each paying your own way, and refraining from cohabiting.

    If he does have kids, I see no problem with dating but he should refrain from introducing the children to you until he is certain that it will be a long term, meaningful relationship. His children already are suffering a major loss. They don't need to experience more loss anytime soon.

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  • Can i modify me decree to get spousal support.I have no means and i was married for ten years he made all the money.

    We did a do it yourself divorce and i did not get anything not even his retirement as he told me there was nothing to give it was a loss from the market, ( A lie ). He agreed to pay for the house until we can sell it it has not sold and now he is ...

    David’s Answer

    Talk with a lawyer. In Oregon, where I practice, you cannot get spousal support after a judgment has been entered which does not already entitle you to support. In other words, if you don't get it when you get divorced, you can't get it later.

    If your judgment is relatively new, there may be some argument that the judgment should be set aside. Those are often uphill battles but are sometimes worth waging.

    This is another good example of why it pays to consult with a lawyer before signing a judgment. Even if you don't hire one to represent you throughout your proceeding, a little bit of advice can go a long way.

    Good luck.

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  • Father disrupts visitation schedule...

    My ex husband and I have 50/50 custody. We were divorced over 6 years ago. 6 months ago we changed it again to give me four more days a month. I wanted the kids to be with me more during the week rather than changing homes mid week (every wed) to ...

    David’s Answer

    You can file a motion to modify the parenting plan, along with a supporting affidavit or declaration, and an order to show cause. Then serve it on your ex. The statutory authority for this is ORS 107.135. If a modification is in the children's best interest, the court will change it.

    Per ORS 107.101:

    It is the policy of this state to:
    (1) Assure minor children of frequent and continuing contact with parents who have shown the ability to act in the best interests of the child;
    (2) Encourage such parents to share in the rights and responsibilities of raising their children after the parents have separated or dissolved their marriage;
    (3) Encourage parents to develop their own parenting plan with the assistance of legal and mediation professionals, if necessary;
    (4) Grant parents and courts the widest discretion in developing a parenting plan; and
    (5) Consider the best interests of the child and the safety of the parties in developing a parenting plan. [1997 c.707 §1]

    The forms you need to accomplish the filings are online and/or availalbe at most courthouses in Oregon. I advise you pay for at least an hour of an attorneys time to develop and implement a strategy.

    Even more than that, I suggest you and your ex participate in mediation with a skilled mediator in order to see if you can work out a reasonable settlement.

    Good luck.

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  • Do I need to file a CIF form with a motion to modify custody, parenting time, and support, in multnomah county-oregon?

    no additional comments

    David’s Answer

    Yes, but it is no big deal. The form is available for free at the court house. If you do not know some of the requested information, simply state so.

    It would be wise to review the applicable Uniform Trial Court Rule, mentioned by one of the previous posters.

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  • If I have been making monthly spousal support payments, but now want to make a lump sum payment, will the total amount be less?

    The order was for 12 years at $500 a month. I have ten years left. If I keep making monthly payments, it will be $60,000. If I make a lump sum payment now, will it be less than $60,000?

    David’s Answer

    If your ex spouse agrees to accept less money, it will be less. Otherwise, you will have to pay the full amount. An advantage to paying it off early is that your ex will no longer be able to modify support because when you pay the full amount, support terminates. This is so, even though the previous termination date has not yet arrived. You'll want to talk to an attorney about how to render the payment and about filing a Satisfaction of Judgment with the court.

    If you're inclined to pay it off early, see a lawyer or CPA in order to determine the present value of the support obligation. With that information, you may be able to negotiate a lump sum payment for less than the $60,000.

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