Category: Appeal

November 16, 2016

New Case Law – Parenting Time Change As Basis for Child Support Modification

Family law is often seen as a messy and emotionally driven area of legal work. As a family law attorney, I need to both deal with the emotional side of cases and be technically proficient…

March 4, 2013

New Case Law – Proper Calculation of Military Pension Amount

In February, the Oregon Court of Appeals ruled on a case I filed.  The ruling addressed two issues: The calculation of a military pension; and use of the child tax exemption.  The Court refused to…

June 15, 2011

New Case Law – Purpose of Transitional Spousal Support

On June 15, 2011, the Oregon Court of Appeals decided Cassezza and Cassezza. In its opinion, the Court of Appeals addresses the purpose of transitional support.  The trial court had awarded the wife transitional support…

April 25, 2011

New Case Law – Amount of Spousal Support and Future Earnings

Last week the Oregon Court of Appeals issued a ruling in Hendgen and Hendgen. The court made two important rulings:  1.  That the trial court’s spousal support award of $4,000 per month against husband should…

March 17, 2011

New Case Law – Life Insurance Requirement in Judgment

On March 16, 2011, the Oregon Court Appeals issued and opinion in McIntire v. Lang.  The opinion can be read at Petitioners appeal from a judgment of the probate court declaring that respondent’s claim…

March 2, 2011

New Case Law – Preservation

On March 2, 2011, the Oregon Court of Appeals published an opinion in Gagliardi and Gagliardi.  The opinion does not provides a stark reminder of the importance of having competent trial counsel.  In this case,…

February 23, 2011

New Case Law – Third Party Visitation

Oregon Court of Appeals in Digby and Meshishnek held that the trial court erred in awarding visitation on the basis of an ongoing personal relationship. The statutes defining “child-parent” relationship and “ongoing personal relationship” have separate requirements that must be shown by different burdens of proof, thus, an ongoing personal relationship is not “lesser included” within an allegation of a child-parent relationship.

April 18, 2010

New Case Law – Affect of Violating Statutory Asset Restraining Order

ORS 107.093 provides that when a petition for marital annulment, separation or dissolution is filed and upon service of summons and petition upon the respondent, a restraining order is in effect against the parties.  Violation…

April 15, 2010

New Case Law – Custody Determination

On April 14, 2010, the Oregon Court of Appeals filed an opinion in Stevens and Stevens.  The entire opinion can be found here: The appeal was filed by father due to a trial court…

April 1, 2010

New Case Law – Treatment of Military Benefits, Child Support Calculation and Credit for Past Due Support

The Oregon Court of Appeals filed an opinion in Stokes and Stokes on March 31, 2010.  The entire opinion can be found here:  The case addressed the treatment of the following issues:  1.  Whether…