When You Can Request a Spousal Support Modification

Ronald Johnston, a divorce attorney in Beaverton OR with more than 40 years of experience in family law, wants you to know exactly when you can request a spousal support modification.

Spousal support modification is decreasing or increasing the amount of spousal support one spouse pays to another. Usually, the payer wants to decrease the amount.

To modify your spousal support agreement, you must show the court that you have experienced a “substantial change” in your financial situation that you could not have foreseen during the divorce process.

“Substantial changes” includes many situations. For example:

  • You’ve suffered a disability
  • There’s been a major increase in your expenses
  • You lost your job
  • You have remarried
  • You are cohabitating with a romantic partner
  • You’ve suffered a significant decrease in income

To show a court that your financial situation has changed, you’ll need to show them proof. This is where an experienced lawyer like Ronald Johnston can really help.

Johnston knows what kind of documentation the courts will want to see and can promptly help you prove that your financial situation has changed.

Modifying a spousal support is one of those legal proceedings when acting quickly is very important.

If you need to request spousal support modification, contact Ronald Johnston today. He’s a knowledgeable and capable divorce attorney practicing in Beaverton OR.

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Has Your Former Spouse Stopped Paying Spousal Support?

Has your former spouse stopped paying spousal support? If he or she has, consider contacting Ronald Johnston, an experienced divorce attorney practicing in Portland Oregon.

You deserve to receive your spousal support. If your ex refuses to pay, he or she may be held in contempt of court.

Enforcing spousal support can be difficult. It’s recommended that you seek the help of a qualified and knowledgeable attorney, like Ronald Johnston.

There are many avenues Ronald Johnston can take to enforce your spousal support. One of those ways is a civil contempt of court.

In a civil contempt of court, Ronald Johnston will demonstrate to the court that your ex-spouse has defied your divorce agreement. The judge can then order payment, issue fines, or whatever is deemed necessary to make your ex-spouse comply with your divorce agreement.

When a spouse seeks spousal support, it’s common for the other party to seek a downward spousal support modification. This may involve discovery, oral dispositions, subpoenas, and eventually, a hearing or trial.

The process can quickly become very complicated. For these reasons, it’s recommended that you contact a lawyer when your ex-spouse is avoiding his or her financial responsibilities.

Remember, spousal support is not a dischargeable debt. Your former spouse can’t get out of it by declaring bankruptcy.

Also, if your former spouse is retired, you can garnish their social security and pension benefits.

Don’t go another month without your spousal support. Contact Ronald Johnston, a divorce attorney with more than 40 years of family law experience in Portland Oregon.

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Two More Frequently Asked Questions About Getting a Divorce in Oregon

Ronald Johnston, one of the most experienced and capable divorce attorneys practicing in Hillsboro OR, is all about answering his clients’ questions. Over the past several decades, he’s heard just about every question imaginable.

Of course, some questions are asked more often than others. In this article, we’re going to answer two of the most frequently asked questions about getting a divorce in Oregon.

Will I need to take a parenting class before the court will finalize my divorce?

Parents frequently ask this question and the answer is yes. In divorce cases involving children, both parents must take a parenting class.

Each spouse will need to pay for their class and the price, length, and content of the classes vary by county.

Usually, parents take the classes early in the divorce process. Your divorce can’t be finalized until you finish the course.

 

How does Oregon divide the property in divorce?

In Oregon, property is divided in an “equitable distribution.” That means that each party will receive their fair share, not necessarily an equal share.

To read our previously published article, Two of the Most Frequently Asked Questions About Getting a Divorce in Oregon, click here.

If you have questions about your divorce, contact Ronald Johnston today. He’s one of the most experienced divorce attorneys practicing in Hillsboro OR and he’s ready to help you.

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Two of the Most Frequently Asked Questions About Getting a Divorce in Oregon

Ronald Johnston is a Portland Oregon divorce attorney who has been practicing family law for 40 years. During that time, he’s likely been asked every conceivable question about the divorce process and child custody.

In this article, we answer two questions Ronald Johnston gets asked the most.

What do I have to prove for the court to grant a divorce in Oregon?

Oregon is a “no-fault divorce” state.

That means you don’t have to prove misconduct to get a divorce. All you must do is testify that there are irreconcilable differences between you and your spouse. You can do this with or without your spouse’s cooperation.

After I file the petition for divorce, what happens next?

Every divorce is different but here’s a rundown of what usually happens:

  • The other spouse is served with the appropriate paperwork.
  • Financial restraining orders are put in place.
  • If children are involved, a temporary protective order of restraint comes into effect.
  • Each party will disclose their finances (discovery process).
  • Both parties (with the help of their lawyers) will try to divide their property.
  • If they can’t agree, the parties will go to trial and a judge will divide their property.
  • If children are involved, parties may be sent to mediation.

If you have additional questions about your divorce, or you need a confidential second opinion, contact Ronald Johnston today. He’s an experienced and knowledgeable Portland Oregon divorce attorney and he’s ready to help with your divorce today!

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What Happens to Your Retirement Account When You Divorce?

In this article, Ronald Johnston, an experienced divorce attorney practicing in Portland Oregon, will explain what happens to your retirement account when you divorce.

It should be noted that in Oregon marital property is subject to equitable distribution. This means the divorcing couple won’t necessarily receive an equal amount of property but a share that’s just and proper.

Many people going through a divorce incorrectly assume that their retirement and pension benefits are theirs to keep. They assume that their retirement benefits are not subject to division.

For the most part, retirement and pension benefits earned during a marriage are considered marital property and will be divided. Retirement and pension benefits earned before the marriage belong to the individual.

To divide a retirement account, it must be valued. Determining the value of a retirement account depends on the type of account.

For example, the value of a 401k retirement plan is its account balance. For a defined benefit plan, like a pension, things get more complicated.

It often takes a professional to accurately name a value for these types of accounts. An attorney like Ronald Johnston will ensure that your retirement plan, regardless of its type, is accurately valued.

If you’re going through a divorce, and you’re worried about your retirement account, contact Ronald Johnston today. He’s a knowledgeable divorce attorney who has been practicing family law in Portland Oregon, and the surrounding area, for more than 40 years.

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Ronald Johnston Helps Explain How to Fight a Restraining Order

Ronald Johnston, an experienced divorce lawyer practicing in Portland Oregon, understands that sometimes arguments between couples can lead to accusations of domestic violence.

If that happens to you, and you’re served with a temporary restraining order, what can you do? How do you fight a restraining order

Ronald Johnston recommends that you seek the advice of a lawyer right away. You want to act with alacrity because in Oregon you only have 30 days to request a court hearing to prevent the restraining order from coming into full effect.

Once you make a request for a hearing, the hearing must occur within 21 days. If there’s a child custody issue, that hearing must be held even sooner.

Ronald Johnston suggests that you consider the following when served with a restraining order:

  • Seek legal help right away
  • Do not ignore the restraining order
  • Do not attempt to contact or visit your accuser
  • Do not attempt to email, text, or call your accuser

Violating a restraining order, regardless of whether the order is warranted or not, can result in arrest and criminal charges.

If you need to contest a restraining order, contact Ronald Johnston as soon as possible. He’s a divorce lawyer in Portland Oregon with more than 40 years of experience in family law.

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Getting A Restraining Order in Oregon

Ronald Johnston, one of the most experienced divorce lawyers in Portland Oregon, can help you obtain temporary and long term restraining orders.

If you are in immediate danger, call the police. Then, when you have the opportunity, contact Ronald Johnston.

One of the most frequently asked questions, by those seeking a restraining order, is, “Will I need to go to court?” You will have to go to court if the accused challenges the order.

Unfortunately, this happens more times than not. It’s suggested that you have an experienced lawyer like Ronald Johnston on your side when you do go to court. He’ll ensure that the proceedings go as smoothly as possible.

What exactly does a restraining order do? In Oregon, restraining orders do the following:

  • Remove the accused from your home
  • Bar the accused from being near you and your children
  • Prevent the accused from phoning, texting, or emailing you
  • If the accused is your spouse, a restraining order can allow divorce proceedings to begin

Another benefit of a restraining order is that it’s backed by punitive measures. Violating a restraining order can result in fines, probation, or jail time.

If the accused contacts you after the restraining order goes into effect, call the police.

If you’re seeking a restraining order, contact Ronald Johnston immediately. He’s one of the most knowledgeable divorce lawyers in Portland Oregon and can help guide you through the process of obtaining a restraining order.

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How to Stop Your Child from Being Adopted

When trying to stop your child from being adopted, divorce lawyers in Portland Oregon will tell you that you might want to contemplate acting as quickly as possible.

Therefore, if you’re trying to stop an adoption, or safeguarding against one in the future, consider contacting Ronald Johnston. He has more than 40 years of experience practicing family law and knows how to regain a father’s right and stop an adoption.

First, it must be determined, under Oregon law, if you are the presumed father or the putative father.

You are the presumed father if you were married to the mother during pregnancy or if you legally established paternity before the commencement of the adoption process. Presumed fathers must be notified of a pending adoption. They can also object to the adoption.

If you do not have legally established paternity, you are the putative father. As such, you are still entitled to be notified of a pending adoption. Sadly, this doesn’t always happen.

To stop an adoption as a putative father, think about establishing a legally recognized relationship with your child. There are several ways you can accomplish this. Specific actions are outlined in Oregon statutes 109.094 and 109.225 and can be explained by a qualified family law attorney such as Ronald Johnston.

Ronald Johnston has advocated for the rights of both mothers and fathers for decades. Keep in mind that cases such as these are highly time sensitive. Contact Ronald Johnston today for help.

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Dividing Property When Divorcing in Oregon

Ronald Johnston, one of the most experienced Beaverton Oregon family law attorneys, fights for his clients’ property rights. He has more than 40 years of experience helping clients divide their property during a divorce.

Each party must disclose all separate and marital property. This aspect of the divorce process takes up a lot of a lawyer’s time and not disclosing property is one of the most common reasons that couples end up going to court.

If the disclosure process goes as it should, and the couple agrees on a plan to divide their property, they will sign a Marital Settlement Agreement. The court will turn that into a Decree of Dissolution of Marriage.

If a couple can’t divide their property on their own, the task will fall to the courts. In Oregon, courts divide property in a process that’s called “equitable distribution.”

This doesn’t necessarily mean a couple’s property will be split equally. What “equitable distribution” means is the court will distribute property fairly or “just and proper in all the circumstances.”

To contact Ronald Johnston, one of Beaverton Oregon’s most respected family law attorneys, click here now.

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Unmarried Fathers Don’t Necessarily Have Rights to Their Child

Ronald Johnston is a capable divorce attorney practicing in Hillsboro Oregon. He has a lot of experience helping men and women in contested and uncontested paternity cases.

FATHER AND SON TALKING“Why do I need to establish paternity? I have a great relationship with the mother of my child.”

That might be the case, but without established paternity you don’t have any inherent legal rights to your child.

Establishing paternity allows both parents to:

  • Receive child custody
  • Obtain parenting time
  • Collect child support

How does one establish paternity? Ronald Johnston can help in this matter. He can also counsel parents on whether to sign a Volunteer Acknowledgement of Paternity (VAP).

Usually, a VAP is signed by the child’s mother and father shortly after birth. It must also be filed in court.

Without a VAP, the unmarried father has no rights to parenting time and the unmarried mother can move out of town (or even the country) with the child.

If the couple is married, the husband is the presumed father and a VAP is not needed.

If you need help navigating paternity law, contact Ronald Johnston today. He’s a venerated divorce attorney in Hillsboro Oregon and has more than four decades of experience practicing family law.

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