Category Archives: Child Support

New Case Law – Parenting Time Change As Basis for Child Support Modification

Family law is often seen as a messy and emotionally driven area of legal work. As a family law attorney, I need to both deal with the emotional side of cases and be technically proficient regarding the legal issues at … Continue reading

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Should I File For A Legal Separation?

I have had a lot of questions from potential divorce  clients contemplating divorce about whether a legal separation is a good alternative.   I previously blogged about the differences between an annulment, legal separation, and divorce.  Usually when a client asks … Continue reading

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Dan Margolin’s Oral Argument At Oregon Supreme Court On Non-Modifiable Child Support

Oregon Supreme Court family law cases are few and far between. Props to our lawyer Dan Margolin for having  review granted on a case of first impression. The attached video is Dan’s oral argument at the Oregon Supreme Court on … Continue reading

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New Case Law – No Substantial Change In Circumstance Where Income Increased by 4%

On April 4, 2012, the Oregon Court of Appeals decided Bock and Bock. This case was based on the mother’s motion to modify the child support provisions of a stipulated general judgment of dissolution. The mother alleged that, since the … Continue reading

Posted in Child Support, Modification, News | 3 Comments

Bankruptcy and Child Support

As the economy continues to struggle, bankruptcy can become an enticing option to more and more people who are looking for a fresh start. We have found that bankruptcy can pose some interesting questions for those receiving payments from their … Continue reading

Posted in Child Support, Divorce | 2 Comments

New Case Law – Support Enforcement Division Does Not Have Authority to Modify Child Support While an Appeal is Pending

On August 31, 2011, the Oregon Court of Appeals decided Division of Family Support Unit v. Sullivan. This case deals with a parent’s ability to modify child support through the Support Enforcement Division while the divorce judgment is being appealed.  … Continue reading

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New Case Law – Agreement Not To Modify Child Support Does Not Violate Law or Public Policy

On October 26, 2011, the Oregon Court of Appeals decided Matar and Harake. In this case, the parties signed a stipulated general judgment which awarded child support to Mother.  The judgment included a provision preventing either party from modifying child … Continue reading

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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

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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

New Case Law – Treatment of Military Benefits, Child Support Calculation and Credit for Past Due Support

The Oregon Court of Appeals filed an opinion in Stokes and Stokes on March 31, 2010.  The entire opinion can be found here:  http://www.publications.ojd.state.or.us/A136795.htm  The case addressed the treatment of the following issues:  1.  Whether military benefits that are non-taxable … Continue reading

Posted in Appeal, Child Support, Dissolution, Divorce, Property Division | 1 Comment