Custody carries with it rights and responsibilities related to decision-making in a child's life. That being said, a custodial parent in Oregon does not have a unilateral right to move with their child away from the noncustodial parent. Instead, it is the policy in Oregon to promote extensive contact between parents and their children, to “[a]ssure minor children of frequent and continuing contact with parents who have shown the ability to act in the best interests of the child[ren],” ORS 107.101(1), and to “[e]ncourage such parents to share in the rights and responsibilities of raising their children after the parents have separated or dissolved their marriage.” ORS 107.101(2). This means that under most circumstances neither parent--regardless of custody--may move with their children more than 60 miles further away from the other parent without the agreement of the other parent or an order from the court.
Relocation cases are some of the most difficult cases for attorneys to try and judges to decide in light of the high stakes involved for the parents and children. The decision whether to permit the relocation of children hinges solely on the best interests of the children, which is determined by asking whether the children are "better served" by relocating. For any relocation case, the facts are critical. What is the current parenting time arrangement? Are the parents exercising their parenting time? What is the basis for the proposed move? Where does the children's extended family live? How are the children doing in Oregon?
If you are looking to move with your children out of Oregon or, on the other hand, looking to stop a move of your children, it is important you move quickly to consult with an attorney and seek remedy of the court.
From time to time, clients discover their spouse or partner is recording their phone calls. The first question is usually, "Isn't that a crime?!"
In many states it is, in fact, a crime to record phone conversations. Oregon, however, is known as a "one-party consent" state. That is, if one party consents to the recording, it is lawful to record all or part of the conversation. For practical purposes, this means as long as the person making the recording consents, the recording is legal.
Note that the law is clear that an individual cannot use a device or machine to record a conversation unless all parties of the conversation are explicitly informed that their conversation is being recorded.
Spousal support is an amount of money paid by one spouse to the other for the receiving spouse's future benefit. In Oregon, there are different types of spousal support: (1) transitional, (2) compensatory, and (3) maintenance. Any combination of the 3 types of support can be ordered; however, the amount and duration of the support must be “just and equitable."
Transitional spousal support is intended to enable a party to “attain education and training necessary to allow the party to prepare for reentry into the job market” or for advancement in the workforce. ORS 107.105(1)(d)(A). In order to award such support, a court may consider, but is not limited to, the following factors:
(i) The duration of the marriage;
(ii) A party’s training and employment skills;
(iii) A party’s work experience;
(iv) The financial needs and resources of each party;
(v) The tax consequences to each party;
(vi) A party’s custodial and child support responsibilities; and
(vii) Any other factors that the court deems just and equitable.
Compensatory spousal support may be ordered when it is determined that one party has made “a significant financial or other contribution” to the “education, training, vocational skills, career or earning capacity of the other party.” ORS 107.105(1)(d)(B). The court may consider the following factors or other factors:
(i) The amount, duration, and nature of the contribution;
(ii) The duration of the marriage;
(iii) The relative earning capacity of the parties;
(iv) The extent to which the marital estate has already benefited from the contribution;
(v) The tax consequences to each party; and
(vi) Any other factors that the court deems just and equitable.
Maintenance spousal support may be ordered for either a specified or an indefinite period of time. In ordering maintenance support, a court may consider but is not limited to the following factors:
(i) The duration of the marriage;
(ii) The age of the parties;
(iii) The health of the parties, including their physical, mental, and emotional condition;
(iv) The standard of living established during the marriage;
(v) The relative income and earning capacity of the parties, recognizing that the wage earner’s continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property;
(vi) A party’s training and employment skills;
(vii) A party’s work experience;
(viii) The financial needs and resources of each party;
(ix) The tax consequences to each party;
(x) A party’s custodial and child support responsibilities; and
(xi) Any other factors the court deems just and equitable.
A fundamental goal of maintenance support is “to enable the parties to live separately at a standard of living” comparable to that enjoyed during the marriage, “to the extent possible.” In re Marriage of Potts, 217 Or App 581, 590, 176 P.3d 1282 (2008).
Unlike the method for determining child support, there is no set calculator to determine an amount of spousal support. Instead, spousal support is determine with a fact-specific inquiry using the factors described above.
If you have been a victim of domestic violence, you may be able to obtain a Family Abuse Prevention Act (FAPA) restraining order in the event your situation falls within the following criteria: