Monthly Archives: April 2010

New Case Law – Affect of Violating Statutory Asset Restraining Order

Posted on April 18, 2010 by Daniel Margolin

ORS 107.093 provides that when a petition for marital annulment, separation or dissolution is filed and upon service of summons and petition upon the respondent, a restraining order is in effect against the parties.  Violation of the statute is punishable … Continue reading →

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

New Case Law – Custody Determination

Posted on April 15, 2010 by Daniel Margolin

On April 14, 2010, the Oregon Court of Appeals filed an opinion in Stevens and Stevens.  The entire opinion can be found here:  http://www.publications.ojd.state.or.us/A138624.htm The appeal was filed by father due to a trial court ruling awarding sole custody to … Continue reading →

Posted in Appeal, Child Custody | Tagged | 1 Comment

Records to Keep When Paying or Receiving Spousal Support

Posted on April 12, 2010 by Daniel Margolin

During the divorce process clients must deal with the very burdensome process of discovery.  The record keeping process does not end with the end of a case.  When there is an award of spousal support, both parties should continue to … Continue reading →

Posted in Spousal Support | Tagged | 1 Comment

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

Posted on April 1, 2010 by Daniel Margolin

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