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Shannon L. Hall
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Shannon Hall’s Answers

421 total


  • Are pension assets divided by date of separation even if it's not a legal seperation but both parties agree?

    We have been separated for 2 years and are c0-petitioners to the divorce.

    Shannon’s Answer

    If you both agree, it can be back dated. But do NOT try to draft the divorce Judgment yourself, especially with a pension involved. If this is not done correctly, it won't be divided - and by the time you find out it may be too late. You may need a separate document called a Qualified Domestic Relations Order (QDRO) to properly divide the pension. It will be worth the expense to consult with an attorney about this.

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  • Is filing a modification of a current parenting time order the same as changing the post-judgement status quo in regard to pt?

    I have a mediated custody/parenting time agreement in which states I have full custody. Mother has 3 two-hour visits a week and 1 weekend a month. There are also stipulations that require her to hold a job, pay her own bills, and have her own lea...

    Shannon’s Answer

    Yes, there is a significant difference. The modification motion is your request to make a "permanent" change to the current judgment (though it can be modified in the future). A post-judgment status quo is a request to have the court enter an order continuing the "status quo" regarding parenting time, while the case is pending - it is a sort of temporary order. You can file both, but whether you really need to is another question. A post-judgment status quo does not go into effect immediately - there must be a hearing first. It sounds like the other parent can't exercise parenting time in person now, so you may not need a status quo. It is impossible to say without knowing more details (which you should not share online). You should at least consult with an attorney to make sure you know your options.

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  • How does child support work for a different mother?

    My friend was just broken up with by a man she had been with for 15 years but they never legally married. They have a 15-year-old daughter together and he has one more daughter with another woman who is about six months older (so also 15). He m...

    Shannon’s Answer

    The second child does not get less support due to being a second child. The calculation will, however, take into consideration that he has another child to support and that takes a small amount off of what the calculator deems is available to support this child. If he has the support order for the first child recalculated, that would take into consideration the existence of a second child, too.

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  • Can I get legal guardianship by having parents sign form in front of notary?

    Daughter and Son in law signed over Legal Guardianship as well as Temp POA. POA is now expired but not guardianship. Son in law now has a new girlfriend with two kids and she lives with her parents in a three bed house. Son in law has been staying...

    Shannon’s Answer

    It is impossible to answer this question for certain without seeing exactly what was signed. But, Oregon has a form for one parent to delegate rights to a child for a 6 month period by signing a form, but that does not replace the other parent's rights. These are complicated cases and you would really benefit from the help of an attorney. You should at least have a consultation with an attorney who can discuss your options after hearing your case specifics.

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  • My husband and I are under a no contact order and he is keeping the kids from me, how can I get them back asap!

    I am under a no contact order against him for dv. and he isn't allowing me to see my kids unless I see him or get together again, however under my release I am forbidden to have any contact with him. how do I get my kids back or keep him from leav...

    Shannon’s Answer

    You don't say whether a divorce has been filed. Once a divorce is filed you have options for temporary Parenting time and orders to maintain the children's status quo. You should contact an attorney for assistance with this as soon as possible

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  • How do I file an opposition to a motion with a court in a county 300 miles away?

    I am pro-se in a custody modification case. my ex recently filed a motion to override the current temporary order we have in place regarding visitation. ex does not currently have overnights with our child for criminal reasons. ex chooses not to e...

    Shannon’s Answer

    I agree with Mr. Bodzin, but would add - don't forget to send a check to the court for the filing fee - it is probably $150 but you should call the court to be sure. They will reject your filing if there is no check. There are applications for waiver of deferment of the filing fees, but I don't know how that county processes those, so if you cannot afford the filing fee, call the court to ask about the waiver/deferment process.

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  • What if I contact my children after I agreed during mediation that I would not contact

    3 years ago I had child support modified due to my health I was put on SSDI permanently I have congestive heart failure. Of course that really upset my ex who already brings in over $3500 a month she was getting almost $900 from me a month (for tw...

    Shannon’s Answer

    You don't say whether this agreement was ever included in a court order. If it was, then you need to follow it until it is modified. You have the right to file a motion with the court asking that the parenting time arrangements be modified so you can have contact with your children. You should discuss your options with an attorney privately.

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  • Can I get sole custody of my stepson?

    I'm on his birth certificate and I was there during the entire pregnancy and birth and up until she left me when he was about 9 months old. She would visit and let me see him, then she slowly stopped. She's told me I can see him but has never foll...

    Shannon’s Answer

    You can certainly divorce her, and it sounds like you have a basis to request custody, as well. If you are on the birth certificate and the child was born during your marriage, you are the legal father. You should get in to see an attorney right away to discuss your case specifics privately and discuss your options to move forward with seeking custody. This is not the type of case you should handle on your own.

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  • Medical neglect enough for change in custody?

    I've been asking my child's mom (custodial parent) to take her to the doctor for over six months, for evaluation of allergy symptoms and bed-wetting. She has refused and has ridiculed me in response, in emails. I notified her this week that I wo...

    Shannon’s Answer

    It could be - but it is hard to say from just this information. It is definitely worth having a private consultation with an attorney. You should bring to the consultation the evidence you have of the parenting plan violations, your current parenting plan, and the custody evaluators report. If it is a Marion County Case, you should have the same judge as you did before, which could also impact whether your situation is enough to change custody. Take the time to meet with an attorney BEFORE you file anything. This is important enough to get it done right the first time.

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  • Am I at any risk of losing custody of my children because when I left my significant other, I took them more than 60 miles away?

    When I left my significant other, I had no choice but to move a significant distance (about 3 hours away) because he lived in a very small town in the middle of no where and I had no income of my own, no friends or family, no way to get a job beca...

    Shannon’s Answer

    Judges do not like when parents move the children away from the other parent (absent abusive circumstances), but that fact alone would not likely be enough for you to lose custody. There is a preference for the primary caregiver to have custody of children. But, custody depends on numerous factors and is really case specific. You should consult privately with an attorney to discuss your case specifics, rights and responsibilities.

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