What is a Legal Separation?

Legal separation provides a means for you and your spouse to live separate financial lives while remaining legally married.  The purpose of a legal separation is to work out an agreement on the division of your assets, child custody, visitation, support and other issues important to you and your family.  Legal separation is commonly used in the following situations: 

• To obtain jurisdiction prior to the normal six month residency requirements for divorce.
• It allows couples to separate with a formal agreement on finances, custody and parenting time issues to attempt a reconciliation and to decide if divorce is what they truly want.
• It may provide a mechanism for retaining medical insurance which would be terminated by divorce.
• To avoid conflict with religious beliefs that conflict with the concept of divorce, allowing the parties to live separately and retain their marital status.
• To retain military benefits under the Uniform Services Former Spouse Protection Act which requires ten years of marriage.
• To retain Social Security benefits which require ten years of marriage.
• To enter into a Separation Contract which can be incorporated into a Decree of Dissolution should divorce become necessary.

THE RIGHT PORTLAND LEGAL SEPARATION ATTORNEY FOR YOU AND YOUR FAMILY 

A legal separation requires the expertise and guidance of an experienced legal separation attorney well versed in legal separation laws.  Legal separations often involve a host of complicated and sometimes highly contested issues, which range from the protection of financial assets to child custody and child support issues, spousal support issues as well as business ownership and investments. 

Paul F. Sherman has been helping families obtain legal separations for over 23 years.  Separation agreements offer greater flexibility and speed in the distribution of assets and obligations, custody agreements and parenting plans.  A lot can happen during this phase in your life so you will want to make sure you have appropriate representation. 

CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON YOUR LEGAL SEPARATION. 

We know you have more questions and we have the answers.  If you would like to learn more about legal separation, call the Law Offices of Paul F. Sherman at (503) 223-8441 for expert legal advice or Contact Us for a free legal separation consultation.

What is an Uncontested Divorce?

An uncontested divorce is when both parties have come to a comprehensive agreement on all issues involved in their divorce.  While each case is different, the agreement should include all material issues such as a division of assets and liabilities, child custody, parenting plans, child support and spousal support orders.  An uncontested divorce is useful for families that want to resolve their divorce quickly and without conflict.

PAUL F. SHERMAN IS AN EXPERIENCED UNCONTESTED DIVORCE ATTORNEY.

At the Law Offices of Paul F. Sherman, are able to offer a very cost-effective way to handle your uncontested divorce.  We have the skills and expertise to draft all the necessary documents, file the court pleadings, and move you quickly through the entire divorce process for much less money than you might think.

Using Paul F. Sherman for your uncontested divorce allows you the advantage of having an experienced attorney create and review all the documents necessary to bring your divorce to a conclusion.   It avoids the risk of procedural errors and omissions which typically occur when people try to handle divorce matters on their own and provides your family with the peace of mind of knowing that your divorce was handled correctly and efficiently.

CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON YOUR UNCONTESTED DIVORCE.

We know you have more questions and we have the answers.  If you would like more information on Uncontested Divorce call the Law Offices of Paul F. Sherman at (503) 223-8441, or Contact Us for a free uncontested divorce consultation.

How Do I Get Parenting Time (Visitation) With My Child?

Historically, it was believed that a child should always be primarily with one parent and the other parent, no matter how skilled, would have “visitation.”  Current research in the social sciences has discredited this position.  It is now the court’s policy that a child should have frequent and continuing contact with fit parents who have the ability to act in the child’s best interests and welfare.  A parent’s contact with a child is called “parenting time” and the schedule is now referred to as a “parenting plan” rather than visitation.

A formal parenting plan is required in every divorce, legal separation and paternity judgment involving child custody. Parenting time may be modified at anytime provided it is in the best interests of the child.

Each county has adopted its own set of guidelines which provide an outline for the minimum amount of visitation for the non-custodial parent.  However, parents who are intimately involved in their children’s lives should be awarded substantially more parenting time.

There are many varieties of parenting plans available to parents.  For parents who are able to cooperate and share custody of the children, a one-week-on, one-week-off schedule is often used.  Other parents use what is referred to as a “2/2/3” parenting time schedule which provides equal weekday contact and alternate three-day weekends.

A formal parenting plan is useful to avoid conflict and create certainty regarding the child’s schedule.  A detailed parenting plan contains provisions to allocate weekdays, weekends, holidays, school vacations, in-service days and summer time vacation.  Additional provisions should be included with regards to transportation, telephone contact and email contact between the parents and child.  The amount of detail necessary in the parenting plan is usually dictated by the ability of the parties to agree and cooperate on parenting time issues.  The parenting plan should also allow the parties to make arrangements “as agreed” by both parties.  Flexibility is important in child parenting arrangements and avoids unnecessary court intervention and conflict.  Parenting plans should be tailored to the child’s and parent’s needs and any other special requirements such as work schedules, sports and school activities. 

PAUL F. SHERMAN IS AN EXPERIENCED PARENTING TIME ATTORNEY.

Paul F. Sherman has substantial experience in drafting workable parenting time plans.  Our offices will work with you to develop a parenting plan that is the best fit for you and your family.  We can also assist you in modifying a parenting plan to reflect changes in the needs of your child and changes in circumstances.  Modifications of parenting plans are almost always necessary in the case of relocation.

Modifications of parenting plans are also necessary when one parent is suffering from alcohol or drug addiction, mental instability, major depression issues such as bipolar disorder, or other serious issues which impact  their ability to act as a fit parent.

CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON YOUR PARENTING TIME PLAN.

Paul F. Sherman has extensive experience in dealing with child custody and parenting time issues.  He has the skill and expertise necessary to draft and implement parenting plans which address the needs of you and your family. 

We know you have questions and we have the answers.  If you would like more information about parenting plans and child visitation, contact the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free parenting time consultation.

Super DUII – Enhanced Penalties for High Blood Alcohol Content (BAC) in Oregon

The Oregon Legislature has created a “Super DUII” category as an enhanced penalty for Driving under the Influence.

INCREASED MINIMUM DUII PENALTIES

Oregon law now provides for a mandatory minimum fine of $2,000 for DUII defendants with a high Blood Alcohol Content (BAC).  ORS 813.010 provides in pertinent part “For a person who drives a vehicle while the person has 0.15 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150, a minimum of $2,000.”

Prior to 2009, DUII fines were based on whether the DUII defendant had a prior conviction.  The First DUII conviction required a fine of $1,000; Second DUII conviction $1,500, and Third DUII Conviction $2000.

If you or someone you know has been arrested or charged with a BAC of “0.15” or higher during or immediately after a DUII Stop, it is essential that you seek representation from an experienced DUII attorney immediately.  It may be possible to avoid the enhanced penalty.  Call the Law Offices of Paul F. Sherman at (503) 223-8441 for expert advice regarding you rights as a Super DUII defendant or Contact Us for a Free Super DUII consultation.

Aftermath of Measure 73 – The Oregon Crimefighting Act and Felony DUI

In November 2010, Oregon voters overwhelmingly approved the Oregon Crimefighting act which substantially increases the penalties for Felony DUI.  The act creates a felony for a third DUI conviction in ten years and mandates 90 days prison time.  The pertinent portions of the act are as follows.

Driving under the influence of intoxicants (ORS 813.010) shall be a class C felony if the defendant has been convicted of driving under the influence of intoxicants in violation of ORS 813.010, or its statutory counterpart in another jurisdiction, at least two times in the 10 years prior to the date of the current offense.

b. Once a person has been sentenced for a class C felony under this section, the 10-year time limitation is eliminated and any subsequent episode of driving under the influence of intoxicants shall be a class C felony regardless of the amount of time which intervenes.

c. Upon conviction for a class C felony under this section, the person shall be sentenced to a mandatory minimum term of incarceration of 90 days, without reduction for any reason.

Because Measure 73 is an initiative and it does not expressly provide for a different effective date, Article VI, section 1(4)(d), of the Oregon Constitution provides that it becomes effective “30 days after the day on which it is enacted or approved by a majority of the votes cast thereon.”  Under this calculation, the effective date is December 2, 2010.

The maximum penalties for a conviction of a Class C felony include 5 years imprisonment and a $125,000 fine.  Felony DUI now carries a mandatory minimum of 90 days.

For more information, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free Felony DUI consultation.

DUII RELATED CHARGES AND STATUTES

Quite often DUII Defendants are charged with crimes related to or arising out of the underlying DUII charge.  A District Attorney can prosecute a DUII Defendant with misdemeanor and felony crimes even if the police officer did not give a citation for that charge during the arrest.  In multiple DUII charge cases, it is necessary to defend the related charges, even if the client enters diversion on the DUII.  Paul F. Sherman, an experienced Portland DUII defense attorney is often able to get many, if not all the related charges dismissed upon successful completion of diversion.

 The most common DUII related charges are summarized as follows:

             Reckless Driving – ORS 811.140

            Criminal Mischief in the Second Degree -ORS 164.354

            Reckless Endangering Another Person – ORS 163.195

            Failure to Perform Duties of a Driver When Property is Damaged (Hit and Run) –                                     ORS 811.700

            Failure to Perform Duties of a Driver to Injured Person (Hit & Run) -ORS 811.705

            Driving While Suspended (Misdemeanor) – ORS 811.182

            Driving While Suspended (Felony) - ORS 811.182

            Fleeing or Attempting to Elude a Police Officer (Vehicle) - ORS 811.540

            Fleeing or Attempting to Elude a Police Officer (On Foot) - ORS 811.540

            Failure to Take a Breath Test - ORS 813.095

            Refusal to Submit to a Urine Test - ORS 813.095

             Assault in the Fourth Degree - ORS 163.160

            Assault in the Third Degree - ORS 163.165

            Assault in the Second Degree - ORS 163.175

            Assault in the First Degree - ORS 163.185

            Aggravated Vehicular Homicide - ORS 163.149

            Manslaughter in the First Degree - ORS 163.118

            Manslaughter in the Second Degree - ORS 163.125

 Each of the foregoing charges is a serious crime which can result in jail time or other serious criminal penalties and fines. 

CONTACT PAUL F. SHERMAN FOR EXPERT LEGAL ADVICE ON YOUR DUII-RELATED CHARGES.

If you or someone you know has been arrested or charged with DUII Related Charges, call the Law Offices of Paul F. Sherman at (503) 223-8441 for more information or Contact Us for a free DUII Related Charges consultation.

How is Child Support Calculated?

Child support is calculated pursuant to the Oregon Child Support Guidelines which are designed to address the needs of most families.  The Child Support Guidelines are used by the Courts or the Division of Child Support to ensure that child support is calculated fairly and uniformly from case to case.  Each State has adopted its own specific guidelines.

If you or someone you love needs advice on obtaining child support call the Law Offices of Paul F. Sherman at (503) 223-8441 for more information or Contact Us for a FREE Child Support Consultation.  You may also visit our Resource Center to use the child support guidelines in order to understand what your approximate obligations will be in the States of Oregon, Washington and California. 

Calculating Child Support Using the Child Support Guidelines.

The Child Support Guidelines use a walk through approach to calculating child support.  The underlying rules are complicated and require the advice of an experienced child support attorney.

As a general rule, the Courts will consider the following in arriving at a “just and appropriate” award of Child Support.

            (1)        The parties’ respective incomes

            (2)        Child custody and the operative parenting plan – here the focus is overnights with the child – the calculator presumes 25% overnights.

            (3)        Health insurance costs

            (4)        Day Care costs

            (5)        Is there a need to deviate from the Guidelines?

These factors are considered in arriving at a Child Support Calculation.  How they are applied and the rules for obtaining an award specific to your case and family needs require the advice of an expert Child Support Attorney.  Call Paul F. Sherman at (503) 223-8441 for more information or Contact Us to obtain a Free Child Support Consultation.

Is Spousal Support a Tax Deduction?

Spousal supports are generally deductable from the payer spouse’s taxes and charged as income to the payee.  To be eligible for a tax deduction, the spousal support payment must be:

           1.       The payments must be made in an actual cash payment which includes checks, money orders or other cash equivalent transfers.  Services or transfers of property do not qualify; and

          2.       The payment must be made pursuant to a divorce or separation judgment which includes temporary support or family support orders, or pursuant to a written separation agreement.

          3.       The parties do not file a joint income tax return.

As a general rule, child support payments are not tax deductible.  Temporary support orders or pendente lite orders which provide for “family support” are deductible if made pursuant to a limited judgment or temporary order issued by the Court.

If you would like more information about deducting Spousal Support from your taxes call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a Free Spousal Support consultation.

WHAT IS BOATING UNDER THE INFLUENCE (BUI)?

With Spring fast approaching many people will soon be taking to the water to enjoy fishing and other recreational activities in their boats.  Many people do not understand the rules governing boating under the influence as well as its counterpart DUI.  In the Northwest, boating is a part of everyday life for many people, and understanding the laws which govern BUI is essential.  While the laws which govern DUI and BUI are different is several respects, the BUI and DUI violations have similar standards for measurement.

For more information regarding your rights as a BUI defendant, call the Law Offices of Paul F. Sherman at (503) 223-8441 or toll free at (888) 824-2151 or Contact Us for a Free BUI consultation.

Methods for Measurement of BUI

There are three methods of measurement for boating under the influence.  Failing any one of these test can result in a BUI charge.

• .08 blood alcohol by breath test
• .08 blood alcohol by blood or urine test
• Behavioral evidence of intoxication

All boating operators are under the implied consent requirements for submitting to testing for intoxicants.  However, unlike DUI, a refusal does not operate as an automatic suspension of your boating privileges.  The refusal may however be offered as evidence against you on the charge of BUI.  A conviction for operating a boat under the influence of alcohol or a controlled substance is a Class A Misdemeanor.

Contact Us

The penalties for operating a boat under the influence are substantial and can result in jail time and the loss of your operating privileges.  For more information regarding the defense of your rights on BUI charges, call the Law Offices of Paul F. Sherman at (888) 821-2151 or Contact Us for a Free BUI consultation.

Temporary Orders for Family Support – “Pendente Lite Relief”

A divorce can take months and sometimes even years to get resolved by the Court.  Most people simply cannot wait that long and need a quick decision or Pendente Lite Relief regarding child custody, visitation, the cars, the house – or most often – money for support right away.  They need a Temporary Order or “Limited Judgment” for family support and expenses.

In Oregon, Temporary Orders for support are authorized by ORS 107.095. Pendente Lite relief may be ordered in a pending dissolution or separation.  The order may include provisions on:

• Custody and visitation
• Support
• Occupancy of the Family Home
• Use of vehicles and other property
• Payment of Expenses
• Suit money

A temporary order will remain in effect until the dissolution judgment is entered or until further order of the Court.

Obtaining the proper temporary orders for your case from the outset is crucial.  Call the Law Offices of Paul F. Sherman at (888) 824-2151 for expert advice on Temporary Support Orders or Contact Us for a Free Temporary Family Support Order consultation.