Claimed Lawyer ProfileQ&A
- Personal Injury
- Estate Planning
- Family Law
- Nursing Home Abuse & Neglect
- Medical Malpractice
- Elder Law
Additional Practice Area
- Car Accidents
- Free Consultation
Free 15 minute initial telephone consultation
- Credit Cards Accepted
- Contingent Fees
Contingent fees in all injury and accident cases.
- Rates, Retainers and Additional Information
Competitive rates for high quality legal services. Often, fees may be shifted to opposing party.
Jurisdictions Admitted to Practice
- Vincent J. Bernabei LLC
- - Current
- Kennedy King & Zimmer
- Boettcher, LaLonde
- Lewis & Clark Law School
- University of Nevada-Reno
- Outstanding Volunteer
- Multnomah Bar Association
- Washington State Bar # 14649
- - Current
- Oregon State Bar
- - Current
Websites & Blogs
57 Questions Answered
- Q. How can I make sure that if I die that my husband will have custody of my children?
- A: The power of attorney ceases to be effective upon your death, so that won't work. The foolproof way is to have your spouse adopt the children. If that is not possible, you should designate your spouse as the children's guardian in your will, and express your preference that they continue to reside with him. If the children's biological father is a generally fit parent, has a relationship with the children, and he wants the children, he will probably get them.
- Q. Im married. Marrage is real rocky and my wife has become very vendictive. Im worried about her setting up to take
- A: It is unlikely that it was a lawyer who visited, since that would mean the lawyer could be a witness in the case. It is possible the visitor was an investigator. After 32 years of practicing divorce law, I might say that nothing surprises me anymore, but then someone does something I would have never imagined. Seriously though, if there is an impending custody battle, the best things you can do for your child are to spend as much quality time as possible with him/her, get and stay involved in your child's life at school, with friends, at the doctors office, in extracurricular activities, and make sure that your child respects and listens to your spouse (you can do that by respecting and listening to your spouse), and reassuring your child that you will always love him/her, and do your best to make sure the child doesn't have to take sides in a divorce. For more advice relating to your specific circumstances, please feel free to contact me for a free initial consultation.
- Q. Can I change what I asked for in the modification while we are in mediation?
- A: You may amend your modification pleadings to allege the additional claims you have, but you will probably need court permission to do so. This may delay your mediation. If your mediation is through the court system rather than through a private mediator, the mediator may only be authorized to discuss custody and parenting time issues, and perhaps child support.
- Q. My parents divorced about 19 years ago. Divorce decree was not meet by my mother, does father still have a claim?
- A: The answer depends on the actual terms of the judgment. If the judgment provides that property is owned by the parties jointly, then they still own the property jointly. If the judgment provides that one party owes the other money once the property is sold, then the money may still be owed. Your father should consult with an attorney to determine whether he can still assert his rights under the divorce judgment.
- Q. I want to move to Calif., a divorce and full custody of our son, bc he is an abusive alcoholic. What first steps?
- A: Assuming your husband objects to your move to California, California cannot decide custody of your child until the child has resided there for at least six months.
- Q. Can my ex wife withold my children from me if we have 50/50 custody with no child support ordered by judge?
- A: If the custody order was entered in an Oregon court, you should immediately file a motion to enforce parenting time. The court will hold an expedited hearing on your motion. Sanctions for wrongful withholding of parenting time range from make up parenting time for the parenting time missed to change of physical custody, depending on the circumstances of your case.
- Q. How does back child support work after children turn 18
- A: The past due child support that accrues before the child reaches age 18 is still owed to the custodial parent. If the state is enforcing the support award, the payor is typically required to pay an additional 20% of the current support award to apply toward the past due support. If all children are no longer eligible for support, then the state typically requires the payor to pay the full amount of the most recent monthly support order until the past due support is paid in full. A child support judgment can be collected for 25 years after it becomes due, and accrues 9% simple interest per year until paid in full. After 25 years, the child support judgment can no longer be collected.
- Q. I personally terminated spousal support can I get my spousal support reinstated I am no longer employed in oregon.
- A: Spousal support, once ordered, can be modified or terminated later based upon a substantial unanticipated change in economic circumstance. If your support was later modified or terminated, you may be able to get the original support award reinstated in Oregon, if the reason for the termination of spousal support no longer exists.
- Q. I have a question about obtaining a temporary stay order until a legal action is heard in court or arbitration
- A: If you are already residing on the property, then the trustee must commence an FED action to evict you from the property. That should give you the time you need to evaluate your rights.
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