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Vincent J. Bernabei

Vincent J. Bernabei

Vincent J. Bernabei LLC
  • Divorce, Personal Injury, Estate Planning...
  • Oregon, Washington
Claimed Lawyer ProfileQ&A
Practice Areas
  • Divorce
  • Personal Injury
  • Estate Planning
  • Family Law
  • Probate
  • Nursing Home Abuse & Neglect
  • Medical Malpractice
  • Elder Law
  • Domestic Violence
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
  • English
Professional Experience
Vincent J. Bernabei LLC
- Current
Kennedy King & Zimmer
Boettcher, LaLonde
Lewis & Clark Law School
University of Nevada-Reno
Outstanding Volunteer
Multnomah Bar Association
Professional Associations
Washington State Bar # 14649
- Current
Oregon State Bar
- Current
Websites & Blogs
Legal Answers
136 Questions Answered

Q. My daughter is a full time student who just turned 18. I would like to pay her directly. How do I accomplish this?
A: If your case is already handled by the state of Oregon, your daughter will receive a proportionate share of the support you pay if she submits the necessary paperwork to prove she is a child attending school. For example, if you pay support for two children and your judgment does not state that the amount of support that is paid is per child, she will receive 50%. Your daughter is an adult and can also instruct support enforcement to discontinue enforcement services on her behalf (or she can simply not complete the necessary paperwork). If you also have a support obligation for other, minor children, this may not change the amount of support you are ordered to pay to your former spouse. The amount you pay your adult daughter directly should be based upon the agreement the two of you reach, and should be determined based upon her likely school-related expenses and your ability to pay. If she is the only child for whom support is ordered and she no longer wants the state to enforce the obligation, your child support obligation is suspended but could be reinstated upon her request if she qualifies as a child attending school.
Q. I have 50/50 custody but slightly more time then my ex. I live in a different city. Can I change my children's schools?
A: It is unlikely that you would be in contempt of court if you register your children for school in the city in which you reside. You should review your existing judgment to make sure there is nothing in there that restricts you from doing that. That said, it may not be the best decision to change the children's school right now if there is a pending modification action. If you have an attorney, you and your attorney should make that decision after considering all the circumstances. If you don't have an attorney, I recommend that you get one.
Q. Money judgement ordered in custody case in 2014, too late to file for contempt. How do I get my money judgement
A: A child support judgment is valid and enforceable for 25 years, so you could let it ride and collect 9% interest for a while. If it is not a child support judgment, then it is valid and enforceable for 10 years but can be renewed for another 10 years if done before 10 years elapses from entry of judgment. You could also issue a writ of garnishment against the debtor's income or bank accounts, or attach other assets, depending on the amount of the judgment.
Q. My girlfriend is planing on not taking her 15 year old daughter back to her ex husband where she has lived for 6 mos.
A: First, the answer depends on what the existing court order states. Second, if there was an agreement that modifies the court order, that agreement should be in writing and state how long the change is supposed to last. Third, if Mother has legal custody of the child in a court order, she cannot be charged with any crime for not returning the child to father. Fourth, if the 15 y.o. wants to go live with her father and that choice is based upon mature considerations appropriate for a child of her age, mother may need a reality check because that is likely to happen if the matter winds up in court. Fifth, children don't get to decide where they live until they are 18, but as they mature, wise parents and judges will take into account the considered preferences of the child. Sixth, daughter may not want to live with Mother if she totally disregards the child's wishes. Seventh, if child wants to resume living with Mother after the temporary stay with Father, then she should be allowed to do so, and it is up to Father whether he wants to file a motion to change parenting time.
Q. Is it illegal to video record my attempt at picking up my son in Oregon?
A: Ordinarily, you cannot audio record someone in person unless they consent. In Oregon, only one party to a telephone conversation within Oregon needs to consent to the recording, and that is the person recording. If the in-person audio recording is made from a public location, such as a sidewalk, and it is obvious that the recording is being made, you are free to record her actions and statements that are in plain view from a public location, just as she is free to leave so she is no longer accessible from a public location. You may not enter and record her in her home or in other areas not accessible and open to the public without her express permission. Even so, there are better ways to address this common dispute. First, try to communicate in writing with mother to determine why she won't allow you to have parenting time. There may be some legitimate, temporary reason. You are the parents of the boy, and you should try to work out a compromise, either directly or with a mediator or counselor, so that your son can see that even though you live separate and apart, you still are able to solve problems by working together, and that you are willing to work together because you both love him.
Q. Need help finding out if my dad or grandparents had a will
A: First, you may want to check the county court's records to see if an estate was ever opened for either person. If so, and if there was a will, the court will have it and you can get a copy. If estate proceedings were not filed, then a will search usually begins with a search of the deceased person's personal effects and belongings and bank safe deposit box, if any. You'll need legal assistance for the latter.
Q. What are legitimate reasons to deny parenting time in Oregon?
A: There are only two reasons for not complying with a court order: 1. There is a newer court order that modifies the earlier court order. 2. Both parents agree to a change to the court order. Agreements between parents to change parenting time should be in writing to avoid misunderstandings. Absent 1 or 2 above, both parents must comply with a court order until it is modified. You should file a motion to enforce your parenting time. If you don't assert your rights, and if you go more than 90 days without seeing your son or seeing him on a limited basis only, then the court could impose that schedule on an interim basis until the actual court hearing is held. Most courts require mediation before the actual hearing on your motion. You should also communicate with your son and try to reassure him that you and his mother love him, and speak positively about, and do not say anything negative about his mother under any circumstance.
Q. The issue I'm dealing with is a probate case.
A: If your BF's father had a will, the will will control how the property in the estate will be distributed upon his death. It is unlikely but possible that your BF owns the entire house. If the deed provides for survivorship rights, your BF may own the entire home. Once your BF was added to the deed, only he or his authorized attorney in fact under a valid power of attorney can sign away his interest in the property. You should contact an attorney to review the details of the deeds and the probate case. A clerk's comments in the recorder's office generally are not going to help you, and a judge may rule differently. You, as your BF's attorney in fact under the power of attorney, may want to challenge the niece's petition for a court order appointing her as Personal Representative. She does not have priority for the appointment unless the will nominates her as personal representative.
Q. 2 questions.. is it legal to take a loan on property without both owners consent?
A: If a lender is foolish enough to make a loan to only one of two owners of the property, it is ok. Your great aunt committed forgery and fraud if she signed your grandmother's name to a deed without your grandmother's consent or knowledge. If there is a lien against only one party's interest in the property, it generally does not attach to the other owner's interest in the property.
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