Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a dissolution of marriage, a legal separation or an annulment.  Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, exclusive occupancy of the home, etc.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided.  The marital estate can include real estate, pension plans, vehicles, bank accounts, income tax refunds, investment accounts and/or household furnishings.  If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from you, even though the divorce decree (aka "the General Judgment") assigns the debt your ex-spuse.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married.  This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the consummation of marriage.  Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death. It is usually required that each party have his or her own counsel to prepare and/or review the agreement.

A factor that cannot be stipulated in a prenuptial agreement is child support.  A couple cannot lawfully agree in a prenuptial agreement that either party will in no way be responsible for child support. 

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare.  Custody usually refers to a combination of physical custody and legal custody.  Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children.  If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development. Joint custody means both parents must confer with each other regarding all the big and little decisions that get made in a child's life. In Oregon, the parents must agree to joint custody or the judge cannot order it.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts.  When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. 

The obligation to support minor children usually cannot be waived by either parent unless both agree and there are extenuating circumstances.  Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents, the cost of daycare and the cost of health insurance premiums for the minor children.  In Oregon, the court may allow deductions for travel expenses for visitation, and most importantly, give the non-custodial a parenting time credit if he or she has the child(ren) at least 20% of the overnights. This may result in a substantial reduction in the amount of child support paid.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will generally require that parent to give the other parent a minimum amount of notice prior to the anticipated move.  This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child. 

These so-called "move away" cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years.  While the best interests of the child have always been central to the decision, the uncertainty has made this area murky.  Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments.  Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge.  Child support is usually calculated using state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant spousal support. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective ages and health; the length of the marriage; and the kind of property involved.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state.  Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

If you or a loved one anywhere in the tri-county area (Washington County, Multnomah County and Clackamas County) is involved in a divorce or child custody case and you need the help of an experienced Portland family law attorney, call Patricia A. Newman today at 866-308-0541, or complete the contact form provided on this site to schedule your initial consultation.

• SUNY at Stony Brook, BA 1978, magna cum laude
• University of Oregon Law School, JD 1982

• Oregon
• Washington (inactive status)

• Oregon State Bar
• Washington State Bar
• Multnomah Bar Association