Cauble & WhittingtonCauble & Whittington2024-03-18T07:45:07Zhttps://www.thecaublefirm.com/feed/atom/WordPress/wp-content/uploads/sites/1201090/2022/02/cropped-favicon-32x32.pngOn Behalf of Cauble & Whittingtonhttps://www.thecaublefirm.com/?p=479532024-03-18T07:45:07Z2024-03-18T07:45:07ZFocus during a high-conflict child custody fight
Allowing oneself to become mentally and emotionally drained could make moving forward during a child custody fight difficult, and it may affect the ability to achieve the desired outcome. Sometimes, a spouse’s focus may be upended, and they may not think more about the soon-to-be ex-spouse’s behavior than their case. Focusing on the case could help the more reasonable spouse achieve the desired result in the child’s best interests.
A trustworthy and responsible spouse might present evidence of why they would be the right choice for sole custody. Presenting evidence that shows their home is preferable for the child may sway things in their favor if mediation fails and the battle moves before a judge. Proving the other spouse’s lack of fitness could be critical to receiving a favorable decision.
A spouse’s well-being
A spouse could take several actions outside the courtroom to address their well-being. Simple things like getting proper rest, eating well, and avoiding alcohol and other substances could help keep someone in the right frame of mind and physical health. Such things could be valuable when dealing with the rigors of a child custody fight.
Drawing on the support of responsible friends and family may assist in building strength. Keeping a positive mental outlook and relying on upbeat affirmations could have value. So might reminding oneself that the grueling battle will eventually end and that moving on with one’s life is possible.]]>On Behalf of Cauble & Whittingtonhttps://www.thecaublefirm.com/?p=479512024-02-29T05:47:09Z2024-02-29T05:47:09ZWho gets the home?
Unless there is a court order to the contrary, both spouses can choose to remain in the home during the divorce. However, this can lead to arguments, intimidation and even physical altercations if the divorce is volatile. The court may grant a temporary relief order giving one spouse exclusive use of the marital home until the divorce is finalized.
The deed
A common misconception is that sole ownership of the marital home is determined by whose name is on the real estate deed. The judge has the authority to consider many assets, including the marital home, as marital property. During divorce proceedings, the value of these assets is divided regardless of whose name is on the mortgage.
Even if only one party paid the mortgage, it is presumed that both parties equally contributed to acquiring the property. Thus, even if one spouse didn't contribute financially to the mortgage, they are still considered to have contributed to the marriage. While the state may not follow community property laws, it does recognize marital assets.
Buying the other party out
One party can buy out the other if they wish to retain ownership of the home. This can be achieved through refinancing the home in their name only and using some of the equity to compensate the other party. They can also use personal funds to buy out their ex-spouse and retain sole ownership of the home.
Moving forward
Disputes over property can prolong the divorce process, but reaching an agreement on property division can significantly expedite proceedings. This enables both parties to move forward with their lives more smoothly.]]>On Behalf of Cauble & Whittingtonhttps://www.thecaublefirm.com/?p=479472024-01-04T04:57:34Z2024-01-04T04:57:34ZRequirements for modifying custody and support orders
Child support orders can be modified either administratively or judicially in Oregon. Administrative modifications go through the Oregon Child Support Program (OCSP) while judicial modifications are heard in the family court with jurisdiction. In both types of child support modifications, the parent seeking the change will need to provide evidence showing a substantial change in circumstances, including one of the following:
Significant change in income of 10% or more for a good faith reason or a reason beyond the parent's control
A change in how many overnights the child spends with a parent vs. the existing parenting plan
Significant change in the needs of the child
Change in the number of children requiring support
Either parent has a child born after the entry of the child support order
Child placed in the custody of the Oregon Youth Authority since the order was entered
A change in financial circumstances must be for a good faith reason or beyond the parent's control. The parent who experienced a significant change in financial circumstances will need to present evidence of the income change and that they had a good faith reason for it. For example, the parent might submit evidence that the drop in income was due to a layoff and taking a lower-paying job because they could not obtain one paying the same amount as the previous position. Quitting a job to try to avoid child support will not be sufficient.
Modification process
A parent must file a motion to modify with the court or paperwork with the OCSP to initiate the modification process. This paperwork must be properly served on the other parent so that they can have the chance to respond. The court or OCSP will review the documents and evidence to decide whether to modify the original child support order.
Filing paperwork to request a modification of support does not mean it will be granted. The process can take several months, and the parent should continue to make payments as ordered under the existing order. Arrearages that build up will not disappear even if the modification is granted.]]>On Behalf of Cauble & Whittingtonhttps://www.thecaublefirm.com/?p=479442023-12-14T04:10:11Z2023-12-14T04:10:11ZKeep your calendars
Perhaps the most powerful line of evidence in your child custody case is the most recent year's calendar. If you're like most people, you'll list important events such as doctor's appointments, the school play or anything else that you plan to be involved with. Presenting this to a judge can be your way of saying that you are active in your child's life and can adequately serve as a primary caregiver.
Get a better idea of childcare expenses
A calendar can also give you a good idea of how much you spend on your children. For instance, it's reasonable to assume that you spend roughly the same amount whenever your kid goes to a birthday party. If your kid goes to two parties a month, you can calculate how much that event costs and how much your former spouse should contribute. You can also estimate how much you spend on medical care, educational expenses and other costs by looking at your child's recent schedule.
Go back as far as you need
A judge will likely consider any evidence that supports your assertion that you have a strong relationship with your child. Therefore, it may be possible to use calendars from the last two or three years to bolster this assertion. Ultimately, this can prove that you have been a consistent caregiver over a long period of time, which is important if you want sole custody.
The use of calendars and other evidence can be powerful whether you're seeking an initial custody order or want to revise an existing one. Statements from doctors, teachers or other adults may also be strong evidence in your favor.]]>On Behalf of Cauble & Whittingtonhttps://www.thecaublefirm.com/?p=479412023-10-31T01:40:03Z2023-10-31T01:40:03ZDifferences between divorce and legal separation
Although divorce and legal separation share some similarities, they are not the same. When you divorce, you and your spouse live separately and separate your finances. The court determines which spouse receives alimony and how much of it they receive; if you have children, the court also determines how custody is split. However, depending on the circumstances, one spouse might get custody while the other only has visitation.
When you divorce, you and your spouse are free to marry new people. This is one of the biggest differences from legal separation. When you’re separated, you remain married and mark your status on official forms. You cannot remarry and are still able to inherit from one another.
Why choose to divorce or get a legal separation?
All couples are different and one situation may warrant getting a divorce while another couple might choose legal separation. For example, if there’s a history of abuse in your marriage, you might consider ending things once and for all with a divorce. Some couples get a legal separation before divorcing; however, there are reasons why a married couple may choose separation as their option.
With a legal separation, you and your spouse no longer live together but still share benefits like retirement and Social Security. If you practice certain religions that don’t accept or allow divorce, separation is the best option available to you. If you and your spouse share children and get legally separated, the court determines a custody arrangement as well as spousal and child support. You and your spouse may reach an agreement on how to divide property and parenting time; in that situation, the court may formalize such agreements.]]>On Behalf of Cauble & Whittingtonhttps://www.thecaublefirm.com/?p=479392023-09-13T20:45:00Z2023-09-13T20:45:00ZPut the practice in a trust
Putting your practice in a trust means that it is held outside of the marital estate. Therefore, your spouse has no claim to it during a divorce proceeding. An exception may be made if a judge finds you created the trust in bad faith. This typically means that it was created just before initiating divorce proceedings. In such a scenario, it will likely be wholly or partially invalidated.
Create a buy/sell agreement
A buy/sell agreement stipulates what happens if you were to surrender your ownership stake in the practice. The agreement will define who can buy your stake in the firm and how much it is worth. Your spouse may be barred from becoming an owner of the firm even if such a document doesn't exist if he or she lacks a medical license.
Give your spouse other marital assets
It may be possible to keep your firm after a divorce even if your spouse legally has a right to it. This may be done by negotiating to keep control of the firm in exchange for full ownership of other assets, such as the family home, a car or an art collection. You may also agree to pay more in alimony to keep full control of your business.
Keeping your practice may be just as important for your patients as it is for you. If you have to close, dozens of people may not be able to get the care that they need. Furthermore, you may be unable to make up income lost from selling or closing your practice for good.]]>On Behalf of Cauble & Whittingtonhttps://www.thecaublefirm.com/?p=479372023-09-04T06:37:52Z2023-08-30T06:37:15ZAn overview of bird nesting
Traditionally, a child of divorced parents will split time between each parent's home. With bird nesting, the parents will split time between the family home and an outside residence. Meanwhile, the child will remain at home, which can help to minimize the trauma that a divorce might cause. By staying at home, a child is allowed to remain in the same school district and close to friends, teachers and other important people.
When bird nesting is appropriate
Bird nesting may be ideal if you need time to prepare your house for sale or if your child is going to be graduating in the next year or so. It may also be ideal if you don't want to move your child too far away from a doctor, extended family members or a sports or educational program.
Other options to consider
If bird nesting isn't appropriate in your situation, you may want to consider asking for sole custody and ownership of the family home. Alternatively, you can try to buy a home in the same neighborhood or consider other options that will allow your child to stay as close to home as possible after a divorce.
In a divorce settlement, you may be entitled to sole or shared custody of your children assuming that it is in their best interest. You may also receive ownership of a family home or other resources that you might need to raise your kids. Finally, you may be entitled to half of other marital assets regardless of your parental status after your marriage comes to an end.]]>On Behalf of Cauble & Whittingtonhttps://www.thecaublefirm.com/?p=479362023-07-04T03:31:01Z2023-07-04T03:31:01ZPlan your financial future
Finances are easy to forget in the rush to get out of an unhappy marriage. Take the time to establish personal credit, have a savings account, and get debt under control. Divorce increases the risk of financial strife, as nearly 20 percent of women living alone live in poverty. List all personal and marital assets. Consider opening a checking account separate from your spouse.
Document all personal income
Have available any documents that show the income of your spouse. Tax records provide this information but keep bank statements and pay stubs for any new employment begun since the previous tax return filing. The data helps determine debt division during a divorce and can affect child support amounts if needed.
Establish private contact information
Set up a post office box, an email address, and a mobile phone account in your name only. Change all your passwords online and elsewhere. The effort allows you privacy when discussing divorce and financial matters.
Find support for yourself
People often need the love and support of friends and family during stressful events like the end of a marriage. Strengthening these bonds beforehand will ensure people are there when needed. Develop solid professional relationships with co-workers. Parents will want to connect with their children’s teachers and daycare providers. Ensuring that resources and guidance remain available makes the process less frightening and provide reassurance during and after the divorce.
People file for divorce because they want a happier, more satisfying life. The desire can make it easy to rush into the decision to file without considering how unprepared they are for the process and life afterward. A few cautionary steps beforehand can make everything easier.]]>On Behalf of Cauble & Whittingtonhttps://www.thecaublefirm.com/?p=479102023-06-12T06:34:17Z2023-06-12T06:34:17ZReasons to modify a child support order
Petitions to modify child support orders in Oregon are usually submitted by noncustodial parents who have either lost their jobs or are earning less money than they once did. However, child support orders may also be modified in Oregon if:
The custodial parent’s income has increased
The child’s custody arrangements have changed
The needs of the child have changed
The number of children has changed
The Oregon Youth Authority has the child in custody
The child support modification process
Parents in Oregon who wish to modify a child support order must submit a request for review form and an income and expenses statement to the Oregon Child Support Program. The forms can be downloaded from the Oregon Department of Justice website. The Oregon Child Support Program then notifies the other parent and reviews the documents. If the information provided is verified and shows that the situation has changed significantly, Oregon Child Support creates a proposed modification. Parents then have up to 30 days to request a hearing. Hearings are presided over by an administrative law judge. If no parent objects, the proposed modification is finalized after 34 days. The process usually takes between 90 and 120 days to complete.
Permanent changes
Child support modifications are usually granted only when a significant change in circumstances is likely to be permanent. Parents who are thinking about seeking modifications should only act when a change in circumstances is both significant and likely to be permanent because child support orders can only be reviewed every 35 months.]]>On Behalf of Cauble & Whittingtonhttps://www.thecaublefirm.com/?p=479082023-06-08T20:28:11Z2023-06-08T20:28:11Zdivide up your marital property, which is (almost) every asset the two of you acquired during your marriage. Most of the time, this is a lengthy and complicated process, especially when the spouses own substantial property like a house, vacation home, investments like retirement accounts, and so on. But when done properly, each side gets a fair chance at financial security and independence.
Splitting up the property fairly
Like most states, Oregon follows the equitable division system in divorce. "Equitable" is a legal term meaning fair. Instead of requiring a divorcing couple to split up their marital assets (and debts) exactly equally, they are supposed to divide them reasonably fairly. This means you and your ex have quite a bit of room to negotiate and get creative.
For example, if one spouse wants to keep the house, they could buy out the other spouse's share with some funds from their 401(k). Or one spouse could agree to keep their ex on their health insurance plan in exchange for the other spouse giving up alimony. What your property division settlement will look like depends on your individual needs and priorities.
The right attorney can make a huge difference
The best way to ensure a fair and reasonable settlement is to work with an experienced divorce attorney. Though most divorces settle, there is a chance you will need to go to trial to let the judge decide how to divide your assets. The right lawyer would be even more invaluable then.]]>