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Joanne Reisman

Joanne Reisman’s Answers

2,151 total


  • How long do I have to file a Status Quo or petition a move?

    The mother of my children decided to move more than 60 miles away. I was served papers on the move and I would like to file a Status Quo but my lawyer is out of town. Do I have a specific time frame to file a Status Quo? I do not think it is i...

    Joanne’s Answer

    Unless the prior Judgment dealing with custody and parenting time specifies what the notice procedure is if one parent wants to move, and that specific rule states you have to file an objection within a limited amount of time, I don't think there is any deadline to file your objection. You obviously want to file before the move takes place as a practical matter, and preferably as soon as possible. Call your lawyers office and let someone know what is going on. Even when Lawyers are on vacation they typically check their messages unless they are in a remote location where that isn't possible. Many lawyers will leave instructions with their staff as to who to refer clients to during their absence. So you should at least be able to figure out what if any deadlines you have to file something. If you absolutely can't get a message to your lawyer, take your paperwork that discusses your current custody situation and parenting plan to another lawyer, and make sure that you aren't missing any deadlines.

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  • How can my daughter get her funds back?

    My daughter opened an account for college and her mom opened it under her name. The only funds that have ever gone into the account has been from my daughters pay checks from her jobs. She has asked her mom to relinquish the funds but she has refu...

    Joanne’s Answer

    It is not clear why this is a problem. How old is your daughter? Is she still planning to go to college? I suppose you could tell your daughter not to put anymore paychecks into this account. You could help her open a different college savings account. But if your daughter is under age 18 and still planning to go to college, and mom will eventually give her the funds to use for college, I really don't see why this is a problem.

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  • Can I take the car back from the car lot

    I have recently split from my girlfriend of 9 years. We own a car together. Both are on the title. She traded it into a car lot yesterday. How can than be legal when I didn't sign off on the title.

    Joanne’s Answer

    She can't transfer a car without your signature if both names are on the title. She may have forged your signature which would be a crime. I suggest you go and investigate what is going on. Go and talk to the car dealer. The other possibility is your name simply isn't on the title.

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  • Can í get half equity on the the house if its in forclosure now

    Okay ive been married for almost 6 yeaes my husband left to México and never comminf back my name is not on house. papers bit he was Solé orovider

    Joanne’s Answer

    This isn't a question - it is not clear if you are seeking help to get divorced or if you want to save the house from foreclosure. Understand that a divorce court can transfer a house in your husband's name to you but you would still have to deal with the lender and be able to pay for the loan. As for getting support from your husband, while an Oregon court might have jurisdiction to order spousal support, trying to enforce it in Mexico would be very hard and probably not worth it unless your husband has decent income in Mexico You should probably see an attorney in Oregon to at least figure out your best options.

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  • If a non-custodial parent has moved states but has not updated the visitation plan, does visitation still have to happen?

    Father has full legal/physical custody. Kiddos bio mom was living in one state and the current order states she pays for them to fly to see her. She has moved to a different state and is living in a motor home. For her month long summer visit she ...

    Joanne’s Answer

    This entire scenario is written like it is by someone that is neither the mother or the father. I just don't think it is helpful for someone that is not the party with the legal problem to try to trouble shoot an answer with an attorney. I know it is tempting because you want to help but for a meaningful discussion the person that has first had knowledge of the problem and the legal right to do something about it, should be the person that is looking for the legal advice.

    That said, the only way to truly answer this question is if dad takes the parenting plan that he currently has to an attorney and discusses his concerns. Vague statements like "she doesn't have a good track record" is not helpful. Also parents travel all the time on summer vacations and this often involves crossing state lines. There is no general prohibition about vacation travel. Moving permanently is a different story and the limitations in parenting plans on moving are generally mileage - you can't move more than 60 or 100 miles. Moving to Vancouver Washington if your ex lives in Portland simply is not a big deal.

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  • So typo's and/or unfair drafts by evil divorce lawyers become court ordered? How is this fair?

    Oregon - I had sole custody of the kids up until November in 2014 and then Father got sole custody in November 2014. Then father's evil lawyer drafted that Father get 2014 dependent exemptions. I emailed the evil lawyer if that was a typo and if ...

    Joanne’s Answer

    You are misconstruing the tax law. The basic tax law is who has the children most of the year, but the exception to this is that you can sign an IRS tax document that gives the other parent the tax deduction for any given year. So you agreed in the divorce proceeding that the other parent could have the tax deduction which was 100% doable under IRS tax law if you signed the proper form - but you played games and went back on what you agreed on and you got caught. You weren't robbed, you made a bad decision twice - once was not getting proper tax and legal advice (even if you couldn't afford to hire a lawyer for the entire divorce proceeding you should have had any documents reviewed before you signed them) and the second time when you went ahead and took a tax deduction you were told you couldn't take.

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  • Do I have recourse? Can I sue?

    I leased a spa and remodeled it on my dime. At that time I was provided a storage unit. It was my understanding the unit was part of our agreement for xtra storage for the term of the lease. 2 years later it was sold without notice and I lost my s...

    Joanne’s Answer

    !. Ask your landlord for a copy of the original lease document. they should be able to provide you with that.
    2. You can replace your social security number. You can pay a relativity low monthly rate to the credit protection company of your choice to monitor your credit history and help you intercept any identity theft going on. It's hard to say if the identity theft you have experienced was due to the storage unit issue. It's possible it is due to something completely unrelated. Identity theft is not uncommon and can happen by your credit card in your wallet being skimmed with an electronic device, it can happen when you pay for things on line with a credit card, it can happen when thieves intercept your mail or go through your trash.
    3. File a claim with your insurance company for the lost equipment and supplies. They can go after the landlord. (Please tell me that you had business insurance.)
    4. As to a lawsuit and damages, first you have a duty to mitigate your damages which means trying to carry on you business as best you can. (Did you call your suppliers and ask them if they could cut you a deal on the equipment and supplies that were lost?) Also you are going to need to document what was lost so make sure you put together your documentation.
    5. When you have all your documentation organized, if you didn't file an insurance claim, you can talk to attorneys in your area about whether you have a viable lawsuit against your landlord.
    6. I do have one question - how is it if you were actively involved in running a spa you didn't notice what was going on with the storage unit? Was it not near the spa where you could monitor it?

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  • Should we pay the settlement or since the debt is older than the statute of limitations we can fight it and not have to pay it?

    My husband and I got married last year. We met 2 years ago. My husband was in the military from 1989-1991. give or take a year. Just this past Tuesday David (my husband) got a call from a debt collector that told him they would take him to co...

    Joanne’s Answer

    This might be a scam. It could also be a debt that was legitimate but technically wasn't collectible anyway due to the statute of limitations. (Unfortunately paying money on a stale debt will revive the statute of limitations, but on the other hand it is an unlawful debt collection practice for a creditor to represent that they will file a lawsuit on a debt that is no longer a viable debt.) I would recommend that you make an appointment with an attorney that practices in the area of bankruptcy law, not because you need to think about filing a bankruptcy, but because this type of attorney will be best equipped to pull a credit report and assess the situation.

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  • How to get father's paternal rights if he can't be present for the birth of his child?

    The father of my child can't be present for the birth of our child because he's on probation in another county and can't leave, will I be able to put him down as the father on the birth certificate, or will he have to file for his paternal rights ...

    Joanne’s Answer

    Oregon has a form called a voluntary acknowledgement of Paternity that can be filled out anytime. You can probably list the father on the birth certificate as well. You don't need a court proceeding unless there is a disagreement as to who the father is. https://public.health.oregon.gov/BirthDeathCertificates/ChangeVitalRecords/Pages/InstructionsPaternity.aspx

    As a practical matter - you might want to hold off adding the father to the birth certificate. If the father is unstable. as the fact that he is on probation indicates, you might want to keep the upper hand as the custodial parent until you are more sure how things are going to be with you and the father. If he is established as the father right at birth, then he could legally take your child and try to get full custody if things between you and him don't work out. As long as you are the only "legal" parent, he can't do that until he is added on as the birth father. Now that can happen one way or another, but if you have already established yourself as having legal custody of your baby, there is less chance of having problems. So if your relationship is not stable at the moment, don't rush to make him the legal father. Give it some time.

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  • What can I do with this to get custody changed? Does this have any chance to get custody changed?

    My ex-wife has sole custody of two daughters in Oregon. She has moved twice within a year and a half. My daughters have attended two schools. Both schools have have sent attendance letters to her. My daughters both missed over 40 days of school fr...

    Joanne’s Answer

    Repeated absences from school and other signs of instability could lead to the court ordering a change of custody, but it is not a foregone conclusion. You should discuss the entire situation with an attorney and get their opinion as to whether all the facts taken together might justify a change of custody. You might also want to consider if there is something you can do to help stabilize the mother's situation. Make sure that you consider what is best for your children not just what you would prefer, and that might mean helping mom out if she has having a hard time finding housing or finding work.

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