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Salem Legal Blog

Dealing with parental relocation

For several of the clients that we here at Van Ness, Williamson LLP have worked with during their divorces, the hardest challenge they have to overcome is moving on with their lives following the end of their marriages. If you and your ex-spouse are having the same difficulty, then you may understand his or her reasoning for wanting to relocate to a new area. Yet if the two of you have children together, that can cause major custodial issues. You no doubt want to continue to be a part of your kids' lives, yet that may become difficult if your ex chooses to move away with them. 

When faced with such a scenario, do you have any recourse? According to the Oregon State Bar, you do. The state realizes the benefit of having both you and your ex-spouse heavily involved in your children's lives. Thus, regulation have been enacted that prohibits him or her from simply up and leaving with them. When entering into a parenting plan, you and/or your ex are typically required to notify the other 30-60 days prior to leaving (this standard usually only applies to cases where he or she may be looking to relocate more than 60 miles away). That time frame is given to allow you the time to either contest the move and/or have the court revisit your custody agreement. 

Women in business on the rise, but serious challenges still exist

According to a recent CNN report, the amount of women opening up shop in America rose by 22 percent in the last decade. Women are exceeding men in the speed of starting a new business. However, there are still serious concerns about the inequality and challenges unique to female entrepreneurs.

Where women rank in the marketplace

How can my company show that a former employee stole trade secrets?

If you think that your former employee has stolen your Oregon company’s trade secrets, you may find one major area of evidence in his or her use of company computers, private computers and email.

As reported by Capital Press, evidence of surrounding technology had a significant impact on the result in a recent Oregon case. In that case, a company alleged that its prior employee misappropriated the company’s trade secrets. Interestingly, it was what happened to that evidence that made much of the difference in the results of the lawsuit.

Can I modify a child support or custody agreement?

When you enter into a child custody and support agreement, you are considering your circumstances and financial abilities at that time. But life doesn't stand still - the reasons you entered into an agreement in the past may change.

Parents who want to change an agreement may be hesitant, especially if the road to the first agreement was hard fought. However, you have the right to modify any support or custody agreements under certain terms.

What is an illegal immigrant?

Immigration is a hot-button issue in Oregon and throughout the entire U.S., with the term “illegal immigrant” being thrown around by politicians, citizens and law enforcement officials all the time. So, what exactly is an illegal immigrant and is it really a crime to be one?

According to FindLaw, it is a misdemeanor crime under federal law for anyone who is not a U.S. citizen to even try to enter the country except through immigration centers. Crossing the border is illegal unless it is done at an approved point, designated as such by immigration officials and overseen by them. It is also illegal to hide or misrepresent facts in order to enter the country.

Spousal support is tax deductible, but not in divorces after 2018

Spousal support is not awarded in every divorce. When it is, many different factors go into the ultimate amount that one ex-spouse will pay to the other. The length of the marriage, the health of the splitting spouses and the financial potential of each spouse are just three of many relevant factors.

Tax consequences now

When it is awarded in an Oregon divorce though - either through a spousal settlement agreement or a judge's determination - the tax consequences are part of this important financial decision. For the past 75 years, the recipient of spousal support has paid income taxes on that money. And the payor of spousal support could deduct it from his or her federal taxes.

What is a gun trust and why should you consider having one?

Gun trusts are gaining popularity as proposals for gun restriction legislation have surged in recent years. A gun trust is a trust that allows owners of firearms to share weapons with family members and pass them down for generations.

Opponents of gun trusts have criticized the practice because they allow trust members to purchase restricted firearms without having to go through the usual federal requirements. However, for the majority of gun enthusiasts the draw of gun trusts is not the ability to bypass restrictions, but rather the capacity to purchase and protect weapons in case that is prohibited with future legislation.

What unmarried fathers should know about child custody rights

A few years ago, you met the love of your life. She seemed like your perfect match. She made you laugh. She shared your passions for hunting and football. She even claimed to like your cooking. When she got pregnant, you decided to move in together. Since neither of you really believed in the construct of marriage, you were happy just knowing you were committed to each other.

But then your relationship took a nose dive. Things were said and done that couldn't be taken back. Now your ex is threatening to leave and take your son with her-claiming you have no legal right to him.

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