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Yearly Archives: 2011
Divorce and Taxes – Claiming the Dependency Exemption
As Portland divorce lawyers, we get a lot of questions from clients about who gets to claim the dependency exemption after divorce. Who gets to claim the dependency exemption post divorce hinges on who is the “custodial parent.” The IRS … Continue reading
Posted in Divorce
8 Comments
New Case Law: US Supreme Court – Due Process and Jail Time For Contempt
The United States Supreme Court issued an oppinion on June 20, 2011 in Turner v. Rogers that touches on self represented litigant’s due process rights in contempt proceedings where jail time is at issue. The Father, Turner, was ordered to … Continue reading
Posted in Child Support, Legal Developments
1 Comment
New Case Law – Definition of Abuse under Family Abuse Prevention Act
On August 10, 2011, the Oregon Court of Appeals decided Sacomano v. Burns. The Court of Appeals reversed the trial court’s decision to continue a restraining order after a hearing. The court found that, although the respondent had sent the … Continue reading
Posted in Domestic Violence, Legal Developments, News
1 Comment
New Case Law – Grandparent’s Rights
On July 27, 2011, the Oregon Court of Appeals decided G.J.L. v. A.K.L. In this case to establish visitation between grandparents and their grandchild, the trial court denied the grandparents’ petition for visitation and the Court of Appeals upheld the … Continue reading
Posted in Divorce
4 Comments
Can The Divorce Court Make Me Pay For College?
As a divorce attorney in Portland, Oregon, we get a lot of questions about parent’s obligation for college expenses after a divorce. Can the court make me pay for college? Am I obligated to pay private school tuition? Will the … Continue reading
Posted in Child Support, Divorce, Settlement
4 Comments
Custody Evaluations In Divorce and Parenting Time Cases – An Overview
Many times, parents come to our office with custody and parenting time arrangements already resolved. Other times, parenting time issues can be resolved by the parties in county mediation. So what do you do if you can’ t work a … Continue reading
Medical Insurance And Divorce
We get a lot of questions in consultations about how divorce affects medical insurance. Many people do not realize that post-divorce, the non-employed spouse generally loses the coverage they enjoyed while married. Gaps in coverage can make it very difficult … Continue reading
Posted in Divorce
2 Comments
New Case Law – Family Abuse Prevention Act Restraining Orders
On July 13, 2011, the Oregon Court of Appeals decided Maffey v. Muchka. The Court of Appeals affirmed the trial court’s continuance of a restraining order based on the petitioner’s testimony that the respondent threatened her and physically intimidated her … Continue reading
Posted in Divorce, Domestic Violence
2 Comments
Divorce Retirement Account Division Considerations
As Portland Oregon based divorce lawyers, we get a lot of questions about the divisibility of retirement accounts. While division of retirement accounts during divorce isn’t rocket science, there are many considerations that go into dividing retirement benefits. I have had … Continue reading
Posted in Divorce, Property Division
Tagged 401(k) divorce, divorce, IRA divorce, pension divorce, retirement account division
3 Comments
New Case Law – Modification of Spousal Support after Remarriage
On June 29, 2011, the Oregon Court of Appeals decided Frost and Frost. The Court of Appeals affirmed the trial court’s decision to terminate a former husband’s spousal support obligation based on his former wife’s remarriage and the subsequent increase … Continue reading
Posted in Divorce
3 Comments