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Salem Legal Blog

Should you sign that non-compete agreement?

Starting a new job is exciting but can be overwhelming. Chances are, you will have to fill out some paperwork in order to start your new career. From tax forms to contracts there are many documents you will have to look over.

In some cases, your employer may want you to sign a non-compete agreement. These agreements state that you will not participate in or assist business that directly competes with your current employer’s business.

The consequences of neglecting to pay child

Many different family law issues can create high levels of anxiety and pose challenges, but child support is especially difficult for many parents to work through. On the one hand, a custodial parent could struggle with their child's other parent failing to pay what they owe. At the same time, non-custodial parents also face challenges in this regard, especially if they have lost a job or are suffering from a health condition that caught them off-guard. Unfortunately, a number of problems may appear when child support is not paid, making life hard for custodial and non-custodial parents alike.

From wage garnishment to having one's tax refund intercepted, the financial toll of back child support can be overwhelming. However, this is certainly not the only way in which a parent's life may be disrupted by falling behind on payments. Anxiety and a damaged reputation may also become problematic, as well as the threat of being taken into custody. In fact, some parents are surprised to discover that they cannot get a passport in the U.S. because they owe too much back child support. With all of these issues taken into consideration, it is paramount for parents to stay current.

What Happens During Deportation?

If you are from another country and living in Oregon, you should be aware of the deportation process. This entails removing a foreign person from the United States, usually due to a violation of immigration law or as a result of criminal acts. USA.gov offers the following information to help foreign nationals currently living in the U.S. understand the deportation and what it entails.

There a few different steps involved in a deportation, which can vary based on the specifics of your case. Some people are taken to a detention center where they remain until they undergo a trial in front of the Department of Justice Immigration Court. From there the government of the person’s country of origin must both agree to accept the person, as well as provide the proper documentation for travel. In some cases, the process may progress much quicker. This usually occurs when the person is without proper documentation or what is possessed is not considered valid.

Modifying your Oregon child support order

If you are an Oregon parent and you either pay or receive child support, a time may come when you need to modify the amount determined when your child support order initially took effect. Maybe you now have more children to support, or perhaps your child has medical needs he or she did not when the two of you originally determined the amount of your child support order. Regardless of your reasoning for desiring a child support modification, however, there is certain criteria you must meet to do so. At Van Ness, Williamson LLP, we have a comprehensive understanding of Oregon’s child support modification process, and we have helped many clients who desired changes find solutions that meet their needs.

Per the Oregon Department of Justice, if you wish to modify your Oregon child support order, you must first determine whether you are eligible to do so. At least 35 months must have passed since your initial order took effect, and you must be able to demonstrate that a substantial change in circumstances has occurred in the time since.

How using social media can complicate divorce

If you, like many others across Oregon, are beginning to navigate your way through a divorce, you may be relying on social media more than ever to help cultivate your remaining relationships or find a source of support. Depending on exactly how you use it, though, social media can have a substantial and negative impact on your divorce. At Van Ness, Williamson LLP, we have a firm understanding of how your use of social media can affect divorce proceedings, and we have helped many clients navigate separations, divorces and related family law matters.

Per the Huffington Post, using social media amid divorce is a slippery slope, and so much so that you may find it beneficial to abstain from it entirely until your divorce becomes final. Why? For starters, if your divorce is at all acrimonious, you can – and should – expect your spouse and his or her legal team to comb through your online presence in search of anything that paints you in a negative light.

Protecting your business’s trade secrets

As an Oregon business owner, you probably know better than anyone the things that set your company apart and help you stand strong against the competition. When your business’s secrets, practices, formulas, recipes or what have you fall into the wrong hands, however, it can mean big trouble for you and some serious financial losses. At Van Ness, Williamson LLP, we understand the critical nature of protecting your business’s intellectual property, and we have helped many clients implement measures that protect their life’s work.

According to the U.S. Small Business Administration, protecting your business’s trade secrets can start from the moment you make a new hire. Upon hiring someone to work for you, see that they sign a comprehensive nondisclosure agreement that dictates exactly what information and material must remain confidential. Additionally, make sure to specify exactly when the nondisclosure agreement will apply. If you want to ensure that your employee does not leave your company, sign on with a competitor and share your business’s practices and procedures, specify this in your agreement and note that confidentiality applies even after employment ends.

Eyewitness testimony can’t always be trusted

Misidentifications are the leading factor behind wrongful convictions

It’s hard to believe that eyewitness testimony alone can result in a conviction, but all too often that has proven to be the case. Unless new evidence surfaces or a witness recants their testimony, challenging the identifications has been no easy task. Luckily, advanced DNA testing has shown that such testimony is often inaccurate. In fact, 70 percent of wrongful convictions have been a direct result of faulty eyewitness identifications, according to the Innocence Project.

Mentally recovering from the end of marriage

Often, when people consider various issues related to divorce, they think about the legal ramifications associated with the end of marriage, matters involving children (child support, custody, changes in a child’s life, etc.) or the financial consequences of divorce such as property distribution and alimony. While these are all important topics that many couples have to work through, there are other ways that someone’s divorce may affect them. For example, someone could be affected from an emotional standpoint and have a hard time with depression or anxiety.

If you are facing mental challenges in the wake of your divorce, you should do what you can to restore a sense of peace and move forward. Handling certain legal issues to the best of your ability and with a full understanding of your rights, such as a custody dispute, could provide some relief and an end result that is more favorable, which can be even more helpful from a mental standpoint.

How are assets divided after divorce?

When couples in Oregon decide to end a marriage, it can leave you both dealing with a lot of financial issues. Van Ness, Williamson LLP, is here to help if you find yourself struggling after your shared household income has been greatly reduced.

Generally speaking, people are allowed to keep what they bring into a marriage. This can include personal items like clothing or electronics, as well as larger assets. However, the rule of thumb is that purchases made together will be subject to the laws of division. This usually includes big ticket items like expensive electronics, cars, or living spaces and household items.

How Is Child Custody Determined in Oregon?

If you’re going through a divorce in Oregon and you have children, decisions about child custody are likely on your mind. As a result, many parents wonder just how the court determines which parent receives primary custody, and what exactly that entails. The Oregon State Bar offers the following information on what goes into making custody decisions in the state.

The first step is for parents to understand the distinction between custody and parenting time. Custody refers to making important decisions on a child’s behalf, which can involve education, medical needs, and where a child will live. This is not the same as parenting time, which refers to the actual amount of time a parent spends with their children. Accordingly, parents can have equal time with their children, although one parent will have authority over decisions.

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