Category Archives: Appeal

New Case Law – Purpose of Transitional Spousal Support

Posted on June 15, 2011 by Daniel Margolin

On June 15, 2011, the Oregon Court of Appeals decided Cassezza and Cassezza. In its opinion, the Court of Appeals addresses the purpose of transitional support.  The trial court had awarded the wife transitional support of $500 per month for … Continue reading →

Posted in Appeal | Tagged , , , | 2 Comments

New Case Law – Amount of Spousal Support and Future Earnings

Posted on April 25, 2011 by Daniel Margolin

Last week the Oregon Court of Appeals issued a ruling in Hendgen and Hendgen. The court made two important rulings:  1.  That the trial court’s spousal support award of $4,000 per month against husband should be reduced to $400 per … Continue reading →

Posted in Appeal, Dissolution, Divorce, Legal Developments, Spousal Support | 1 Comment

New Case Law – Life Insurance Requirement in Judgment

Posted on March 17, 2011 by Daniel Margolin

On March 16, 2011, the Oregon Court Appeals issued and opinion in McIntire v. Lang.  The opinion can be read at http://www.publications.ojd.state.or.us/A141918.htm Petitioners appeal from a judgment of the probate court declaring that respondent’s claim against the estate of Heather … Continue reading →

Posted in Appeal, Dissolution, Divorce, Legal Developments, News, Property Division, Settlement | Tagged , , , , , | 1 Comment

New Case Law – Preservation

Posted on March 2, 2011 by Daniel Margolin

On March 2, 2011, the Oregon Court of Appeals published an opinion in Gagliardi and Gagliardi.  The opinion does not provides a stark reminder of the importance of having competent trial counsel.  In this case, Husband appealed from various rulings … Continue reading →

Posted in Appeal | 1 Comment

New Case Law – Third Party Visitation

Posted on February 23, 2011 by Daniel Margolin

Oregon Court of Appeals in Digby and Meshishnek held that the trial court erred in awarding visitation on the basis of an ongoing personal relationship. The statutes defining “child-parent” relationship and “ongoing personal relationship” have separate requirements that must be shown by different burdens of proof, thus, an ongoing personal relationship is not “lesser included” within an allegation of a child-parent relationship. Continue reading →

Posted in Appeal, Child Custody, Grandparents, Parenting Time / Visitation | 1 Comment