Obtaining Custody in Oregon

The State of Oregon awards custody based on the “best interests and welfare of the child”. That is, the court undergoes a review of the facts of the case and makes an award of custody to one parent or the other based on their notion of the best interests of the child. In so doing, the court reviews several statutorily…

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Disestablishing Paternity in Oregon

There are several ways to challenge paternity. First, if paternity was established by filing a voluntary acknowledgment of paternity form, then either party may rescind the form provided they do so within 60 days of filing it. The second method to challenge paternity comes into play if more than 60 days have elapsed since paternity was established. The Court will…

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Tax Aspects of Divorce in Oregon

The following is intended to address some of the oft-asked aspects relating to tax issues during or after a divorce. As a disclaimer, nothing in this entry is meant to provide legal advice to your particular situation. There are unique circumstances in every divorce, and the tax consequences may vary from case to case. A. Alimony (or spousal support): As…

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The Basics of Compensatory Spousal Support in Oregon

Determining the correct amount of spousal support is one of the most difficult tasks in family law. There is no pre-set formula or statutorily imposed calculation that determines the correct support amount. For this reason, the amount and duration of spousal support vaiers widely from case to case. There are several important factors that a judge considers before ordering spousal…

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Administrative Law Child Support Hearings

Parties with minor children can petition the State of Oregon to modify child support payments every three years, or anytime there is a “substantial change of circumstance”. ORS 25. 020 (8)(b)(B). A substantial change of circumstances typically means one of the parties experienced an increase or decrease in gross income, or there is a significant change in the parenting time…

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