Stephens Margolin PC moving to new offices located at 1000 SW Broadway building August 4, 2014!

Stephens Margolin PC 1000 Broadway location

We’re Moving!

As of August 4th, 2014, Stephens Margolin PC will be open for business at 1000 SW Broadway Suite 1250, Portland, OR 97204. The staff of the 1000 Broadway Building went out of the way to make us feel welcome!

 

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Parenting Class Update For Multnomah, Clackamas, and Washington County, Oregon

This post is to summarize the current parenting class requirements for Multnomah, Clackamas, and Washington County courts. I previously blogged about the parenting class requirement for parents in divorce, custody, and parenting time cases. The 2008 article can be found at this link.  The rules and websites have changed, and thank you to all of the readers who let me know the old post was out of date. The current information follows:

MULTNOMAH COUNTY PARENTING CLASS

  1. What’s the class called? Parents Helping Children Cope with Family Change
  2. Who must take the class? Everyone who is a party in a domestic relations case involving minor children. (annulment, divorce, legal separation, and paternity, custody, or parenting time cases, and modifications if class not previously taken)
  3. When do I need to register? You must register within 15 days of receiving notice of the requirement to take the class, or get court permission to take an alternate class.
  4. What happens if I don’t register? The court will not enter your final judgment, or enter the judgment with a condition that you can’t enforce parenting time until you complete the class requirement.
  5. How much does the class cost? Registration costs $70, unless you register within 60 days of filing or service, in which case the cost is $55.
  6. How many classes are required? One.
  7. How often is the class held? Five times monthly.
  8. How do I get more information? Link to Multnomah County Family Court Services Parent Education Program site. 

 

CLACKAMAS COUNTY PARENTING CLASS

  1. What’s the class called? Parents Helping Children Cope with Family Change
  2. Who must take the class? All parties to an annulment, dissolution (divorce), legal separation, custody or visitation action, or post-decree litigation involving custody or visitation, where the interest of a child under the age of 18 is involved, are required to attend the class.
  3. When do I need to register?  You must register within 15 days of receiving notice of the requirement to take the class, or get court permission to take an alternate class.
  4. What happens if I don’t register? The court will not enter your final judgment, or enter the judgment with a condition that you can’t enforce parenting time until you complete the class requirement.
  5. How much does the class cost? Registration costs $70, unless you register within 15 days of filing or service, in which case the cost is $55.
  6. How many classes are required? One class, 3 1/2 hours.
  7. How often is the class held? Four to five times monthly.
  8. How do I get more information?   Link to Clackamas County Parent Education Program site.

WASHINGTON COUNTY PARENTING CLASS

  1. What’s the class called? Kids Turn
  2. Who must take the class? All parties with children under the age of 17 in family law cases.
  3. When do I need to register?  You must register within 14 days of filing, or receiving notice of the requirement to take the class.
  4. What happens if I don’t register? The court can do a variety of things. Your judge won’t be impressed with you, you may not be able to have a scheduled hearing, trial, and may have enforcement restrictions put on your judgment.
  5. How much does the class cost? Registration costs $267, unless you show financial hardship.
  6. How many classes are required? Four 90 minute workshops.
  7. How often is the class held? Monday, Wednesday, Thursday, and Saturday at 3 different locations. Link to current class schedule. 
  8. How do I register, contact the class providers, and get more information? Link to The Family Law Education Program Of Washington County.

 

 

 

Posted in Child Custody, Dissolution, Divorce, Parenting Time / Visitation | Leave a comment

Helping People During Divorce – Parenting Time Enforcement

I love helping people through difficult court cases. Saying this at a social gathering can be a conversation stopper, but it’s true. I previously blogged about my passion to help, and about helping one particular client through a very difficult case, and having the court award him $25,000 from his ex wife for his legal bill. Many people in his situation would have given up, but he didn’t.

One of the most satisfying cases I’ve worked on in the previous 19 years involved helping a father wrongfully cut out of his children’s lives regain time and his relationship with his children. His ex-wife intentionally interfered with his parenting time, and had been playing games with his time since the divorce over 6 years ago. Over the course of 6 years and five different hearings, false allegations were debunked, attorney fees were awarded; and the court tried different sanctions to gain mother’s compliance with previous orders. Never in 19 years of practice have I seen a parent so relentless in destroying the other parent’s relationship with the children. He’d exhausted himself financially trying to get parenting time going. He thought about giving up and walking away, but ultimately didn’t. Instead, after much soul searching, he agreed to go forward with the final hearing. I am truly glad he did, and I believe the children will be thankful when they are adults. In addition to getting his legal fees paid, the Judge put mother on probation until the children are 18. She has to report to the judge every other month to talk about how she is complying with the parenting plan or face jail time.

If he had given up he wouldn’t see his kids at all. He wanted to. Watching his struggle, counseling and encouraging him, and standing by his side until the court did the right thing was one of my most satisfying experiences as a lawyer. Period.

By Sean Stephens
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Other Popular Articles and links from the Oregon Divorce Blog

  1. Top 10 questions to ask a divorce lawyer in the first consultation.
  2. At what age can a child decide custody/parenting time?
  3. Contempt Of Court for Parenting Time Violations
Posted in Attorney Fees, Divorce, Helping People During Divorce | 4 Comments

When is my Oregon divorce final?

I have had many divorce clients ask when is the divorce final? People in divorce want closure and finality, and many expect the divorce to be final at trial, or when they sign the judgment of dissolution of marriage, or when their spouse signs the divorce judgment. Courts enter Divorce Judgments signed by Judges into the Oregon Judicial Information Network (OJIN), and frequently the entry date in OJIN is several days after the Judge has signed. The correct answer is that the marriage is dissolved when the Judge signs the judgment of dissolution of marriage. (See ORS 107.115). In many cases this happens weeks or months after a divorce trial if there are disagreements as to what should be in the judgment.

Now you know!

By Sean Stephens
Google

Posted in Divorce | 1 Comment

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 exemption issue due to lack of preservation and invited error.  The opinion has an interesting discussion of those two issues. The Court did agree with me that the highest pay grade should be used to calculated the division of a military pension regardless of the date of divorce.  The opinion can be read here:  http://www.publications.ojd.state.or.us/docs/A146655.pdf

Posted in Appeal | Tagged , , | 1 Comment