Sara Lynn Allen’s Answers

Sara Lynn Allen

Portland Divorce / Separation Lawyer.

Contributor Level 8
  1. If I have filed for a divorce and it has not gone in front of a judge, do i legally have to pay child support and or allimony?

    Answered about 3 years ago.

    1. Anthony M. Zezima
    2. Sara Lynn Allen
    3. Gregory Thomas Buckley
    3 lawyer answers

    This question requires review of GA law. Depending on GA law, you may be liable for support back to the date of filing the petition for divorce. That would mean if you don't pay now, you might start off your "divorced life" with a large back payment owing. It is possible, however, that GA law does not enforce support until the divorce is final. You will need to speak to a GA attorney right away to determine whether you are risking a large amount owing.

    Selected as best answer

  2. I was looking at the sentenceing grid. i wanted to know what serious level a assault 4 dv which in my case turned into a felony.

    Answered almost 3 years ago.

    1. Sara Lynn Allen
    1 lawyer answer

    In Oregon, there are two levels of Assault IV - misdemeanor and felony. Assault IV misdemeanor means that a person Intentionally, knowingly or recklessly causes physical injury to another; or with criminal negligence causes physical injury to another by means of a deadly weapon. However, an Assault IV becomes a felony IF 1) the person has previously been convicted of assaulting the same victim; 2) the person has previously been convicted at least three times under this section or under...

  3. Who are child support checks made out to?

    Answered almost 3 years ago.

    1. Sara Lynn Allen
    1 lawyer answer

    Your question is, who are child support checks made out to. The Department of Justice will distribute and disburse support directly to the adult child, unless good cause is found to distribute and disburse support in some other manner. (see OAR 137-055-5110). At this point, your son is only eligible to receive child support under the "Adult Child Attending School" status. You should immediately contact the Department of Child Support and request that your child support obligation be...

  4. Child protective services terminated my rights without giving me legal representation,this was 10 years ago.

    Answered about 3 years ago.

    1. Sara Lynn Allen
    1 lawyer answer

    There are a few places you can look. First, check Avvo for attorneys in or around Lane County. Also try Legal Aid Services of Lane County (www.lclac.org). Finally, contact the Oregon State Bar modest means program (800.452.7636). Those resources should point you in the direction of a local attorney handling cases on a pro bono or lower cost basis.

  5. Can I be sued for giving away another person's rat when it was left in my apartment against my will?

    Answered about 3 years ago.

    1. Sara Lynn Allen
    2. Pamela Koslyn
    2 lawyer answers

    The legal "damages" are the value of the rat. She could potentially take you to small claims for this case (assuming rats don't cost substantially more than I think they cost!). However, the fact that she abandoned the rat with you will play into your defense because you were mitigating future expenses. I wouldn't worry about this unless/until she brings a suit, as it doesn't seem like she will have much of a claim if any.

  6. My boyfriend and I have had his son for over five years and his mother wants nothing to do with him in fact last time she spoke

    Answered about 3 years ago.

    1. Troy Austin Pickard
    2. Sara Lynn Allen
    2 lawyer answers

    Your situation is unfortunately somewhat common. In this situation we would do a step-parent adoption (regardless of the type of personal relationship you have with him). That would effectively terminate the other parent's rights AND obligations to the son and you would become the son's adoptive parent. If something happened to your husband after it was final, you would be the child's parent. If something happens before an adoption is completed, you could potentially face her taking him...

  7. How to evict a relative from my home

    Answered about 3 years ago.

    1. Troy Austin Pickard
    2. Sara Lynn Allen
    2 lawyer answers

    I agree with the previous attorney's answer. This is a very complicated area of law that will depend on many specific facts. You will likely need a landlord/tenant attorney as opposed to a family law attorney. Depending on the circumstances, it is possibly you may have to give proper legal notice, document a variety of things, etc. However, only an attorney well-versed in this area of law and with a full understanding of your particular circumstances could answer this. I highly recommend...

  8. I am thinking about moving out of country . I have full custody of my children. Can any of the grandparents stop me from movin

    Answered about 3 years ago.

    1. Sara Lynn Allen
    2. Orion Jacob Nessly
    2 lawyer answers

    Without the support of the other parent, you may very possibly lose custody in this situation. Oregon courts do not like a parent to move the children away from another parent because regardless of the fact the kids would see the other parent at Christmas and in the summer, it will inhibit the relationship with the other parent. The Court is obligated to do what is deemed in the best interests of the child/children. Inhibiting a relationship with one of the parents is almost never deemed to...

  9. Separating property of a married couple

    Answered about 3 years ago.

    1. Lawrence B Hunt
    2. Sara Lynn Allen
    2 lawyer answers

    There are other questions that need to be answered to give an affirmative answer. However in Oregon, typically a spouse is awarded the items they entered the marriage with and you would split up the assets and liabilities accrued during the marriage. You also may not force her to sign something in order to obtain her assets. If the police are called, they will allow her into the apartment to retrieve her items, as well as allowing someone to help her move the items. You may record...

  10. Can my wifes ex sue me for child suport for there child

    Answered about 3 years ago.

    1. Sara Lynn Allen
    2. Valorie L. Kohn
    2 lawyer answers

    Your question is difficult to answer without more information. Assuming you are asking if your wife's ex may go after you for child support, your wife's ex may not sue you directly for a child that is not your child. However, your wife's ex MAY file for a modification of the child support order if there is a substantial change in circumstances that would impact the child support calculation. Your ex may also go after assets owned by your wife if there are arrearages. You will likely need to...