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 Question: The way my paperwork reads I’m supposed to have my daughter for Christmas every other year (including this year). Yet each time it’s my turn, my ex informs me and the court that she is moving and it just happens to be during my set visitation period.
This has been going on for years and 2 years ago when this happened I filed with the court saying I though she was moving under false pretenses, but she was still allowed to move. Now this year, she is on the move again.
Any ideas on how I can get my Christmas visit this year? The court case is in Oregon but I’m located in Washington.
Question: My ex-wife purposely doesn't work in order to receive additional child support and submit only the Oregon state basic minimum wage of $1299/mo, however, her husband's income is approximately $4,000/mo. Does this factor in at all when calculating child support? And does the fact that she arbitrarily infringes upon my visitation (ruins it by suggesting "options" to coming with me to my small children, i.e., play with the cousins instead, etc.) on a now regular basis affect what I pay? Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Oregon. Generally a new spouse's income does not come into play in determining the amount of child support. In general her interfering with your visitation will not give you any right to request a reduction of child support.
Question: When I divorced back in September 2005 the lawyer that I had wasn't much help. While separated, I paid health insurance, half of daycare, and housing for a month for my ex and child. The attorney I had didn't add this money in and now I have back child support. I don't mind paying child support but I do mind paying back child support. The lawyer that I had kept telling me that a number of father's don
Question: The divorce papers have been filed but the wife has not fullfilled her obligation of taking the 4 weeks parenting course. She has just informed me that she is accepting a promotion in Los Angeles and is taking the kids. As it states in the divorce papers, we have joint custody. The box is not checked for approval to move more than 60 miles further distant than the other parent without advance notice because good cause exists. Can she do this and do I have any recourse? Answer: I am not licensed in the State of Oregon and therefore cannot answer your question specifically to the laws of that State. I am not familiar with the particular aspects of your jurisdictions forms. If I understand the facts a petition for dissolution was filed, a settlement was reached and submitted to the court, but the court has not signed because your wife has not taken the necessary parent education class. If that is correct, file a motion with the court to revoke the settlement, move for temporary custody of your child and proceed with a contested divorce. The fact that she is relocating often gives you an upper hand in a custody dispute.
Question: How difficult is it to change sole custody to joint custody? Answer: I am not licensed in Oregon. Since laws do vary, it is important to also seek advice from an attorney licensed in your state. I wish I had a simple answer to your "simple" question. Generally, courts favor joint legal custody. Meaning both parents should have equal power to make decisions for their children. Some factors the court may consider when modifying legal custody are: Why is the current order for sole custody? How long has it been sole custody? What has changed since the last order of the court? What is in the child's best interest? If you have been active in the decision making of your child despite not having joint custody, then the court is more likely to make the change. On the other hand if the non-custodial parent has not been involved or has a history of bad decision making it will be more difficult. Ultimately, the court will make the decision on what they deem is in the child's best interest.
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