David I Bean’s Answers

David I Bean

Portland Divorce / Separation Lawyer.

Contributor Level 6
  1. How do my husband and i get his exwife to comply to an agreement in their divorce?

    Answered 5 months ago.

    1. David I Bean
    2. Jay Bodzin
    3. Christopher Keusink
    3 lawyer answers

    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!

    2 lawyers agreed with this answer

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

    Answered over 3 years ago.

    1. David I Bean
    2. John Paul Beck
    3. Daniel J DiCicco
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Melissa Budden Kelleigh
    2. Shannon L. Hall
    3. David I Bean
    3 lawyer answers

    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.

    1 person marked this answer as helpful

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

    Answered 12 months ago.

    1. Shannon L. Hall
    2. David I Bean
    2 lawyer answers

    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...

  5. What happens at the hearing after the divorce trial

    Answered 12 months ago.

    1. Diane L Gruber
    2. Ian Jeffrey Slavin
    3. Jay Bodzin
    4. David I Bean
    4 lawyer answers

    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....

  6. 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?

    Answered about 1 year ago.

    1. Reid A Seino
    2. Celia R Reed
    3. David I Bean
    3 lawyer answers

    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....

  7. Father disrupts visitation schedule...

    Answered over 3 years ago.

    1. David I Bean
    2. Mark Kramer
    2 lawyer answers

    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...

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

    Answered over 3 years ago.

    1. Edward A Kroll
    2. David I Bean
    2 lawyer answers

    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...

  9. Can dating while going through a divorce hurt your case?

    Answered over 3 years ago.

    1. David I Bean
    2. Robert Ricci
    2 lawyer answers

    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...

  10. 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.

    Answered over 3 years ago.

    1. Yevgeny Jack Berner
    2. Mark L. Alexander
    3. David I Bean
    3 lawyer answers

    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...