Author Archives: Daniel Margolin

About Daniel Margolin

Daniel Margolin is a founding partner of Stephens & Margolin LLP and a Portland, Oregon native. His practice focuses on all aspects of family law litigation. Dan applies his litigation expertise to provide additional expertise when assisting clients with Family Law Appeals and Collaborative Divorce matters. To find out more or contact Daniel Margolin, visit Stephens & Margolin LLP

New Case Law – Proper Calculation of Military Pension Amount

In February, the Oregon Court of Appeals ruled on a case I filed.  The ruling addressed two issues: The calculation of a military pension; and use of the child tax exemption.  The Court refused to rule on the child tax … Continue reading

Posted in Appeal | Tagged , , | 1 Comment

Supreme Court allows review

The Oregon Supreme Court recently accepted review of my client’s appeal.  The case deals with whether not parents can contract in order to make child support non-modifiable.  The result of the appeal will have long ranging implications for both parents … Continue reading

Posted in Divorce | 1 Comment

New Case Law – Pensions in Payout Status are Treated as Personal Property

On December 29, 2011, the Oregon Court of Appeals decided Rushby and Rushby. In this case, the husband and wife were both former government employees and were both receiving monthly retirement benefit payments from PERS.  Generally retirement accounts are divided … Continue reading

Posted in Divorce | 1 Comment

New Case Law – Stipulated Judgments are Enforceable as Long as They Do Not Violate Law or Public Policy

On August 31, 2011, the Oregon Court of Appeals decided Porter and Griffin. In this case, the Court of Appeals stated that the stipulated divorce judgment that the parties had agreed to in 2009 was enforceable even though it treated … Continue reading

Posted in Divorce, News | 3 Comments

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

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

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

New Case Law – Offer of Proof and Importance on Allowing Evidence at Trial

On June 29, 2011, the Oregon Court of Appeals decided Beebe and Beebe. This appeal was based on a former husband’s motion to modify his child support and spousal support obligations based on a change in his financial circumstances and … Continue reading

Posted in Divorce | 2 Comments

New Case Law – Purpose of Transitional Spousal Support

On June 15, 2011, the Oregon Court of Appeals decided Cassezza and Cassezza. In its opinion, the Court of Appeals addresses the purpose of transitional support.  The trial court had awarded the wife transitional support of $500 per month for … Continue reading

Posted in Appeal | Tagged , , , | 2 Comments