Paul J DeBast's Answers

Post Divorce settlement conflict needs to be settled but I don't know how to go about it.

You say that your husband's $150,000 commitment was part of "an out of court settlement". Oregon recognizes the validity of contracts entered into between marriage partners. In order to legally enforce his contractual commitment, you must either sue him for breach of contract OR you must file a petition for divorce or legal separation and ask the court to ratify and approve your settlement and make it a part of the court's judgment of divorce or judgment of legal separation. At that point...

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What are some reasons to waive the 90 day waiting period in Oregon. There is not an abuse issue

You don't need a reason at all so long as you have settled your case. Our waiver statute is found in ORS 107.065 (2) which says that if your affidavit states that you and your spouse have signed a "stipulated judgment" (an agreed-upon judgment) then that fact is adequate grounds of necessity for the judge to immediately sign the document and waive the waiting period. The following is an example of the language I use in an affidavit seeking entry of a divorce judgment and waiver of the...

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Does a child support order offer automatic custody in the State of Oregon?

Oregon law provides that, you have legal custody of your son until such time as the father is successful in changing legal custody by way of a change of custody lawsuit here in Oregon. ORS 109.175 controls your situation. It reads in part as follows: 109.175 Determination of legal custody after paternity established. (1) If paternity of a child born out of wedlock is established pursuant to . . . ORS 416.400 to 416.465, or if paternity is established by the filing of a voluntary...

My husband and i are filing an uncontested divorce in multnomah county...

Until recently, you could walk an uncontested, agreed-upon divorce through the Multnomah County court system in just one day and expect the that the judge would sign the divorce judgment. Some months ago internal court rules changed to say that a judge is not supposed to sign a divorce judgment until it has been reviewed by a central clearing house in the court clerk's work area on the second floor. The idea is that the clerk checks the proposed judgment against a lengthy standardized list of...

Can an ex-wife legally compel her ex husband to give her more money after a divorce was finalized?

Under Oregon law, the property division terms of a divorce settlement cannot be modified after the judgment has been signed by the parties and by the court. If a party is dissatisfied with the property division nothing can be done unless the party seeks to set aside the settlement based on fraud or mutual mistake. Generally such relief can only be granted for a period of one year following entry of the judgment. On the other hand, support provisions such as child and spousal support can...