I need your advice about Oregon law

Edwards Finance > Loans

Q. I've been reading this group for a few weeks now for advice for my sister. She has been divorced now for 2 1\2 yrs. She has 2 children ages 3 and 8. Her ex had several affairs which eventually broke up the marriage. Since the divorce he has made no effort to take part in his children's lives. I never thought he would do that to them. He fought for joint custody but I believe only to have continued control over my sister's life. He is behind in CS, has filed bankruptcy which has the creditors knocking at her door and has never paid his part of their medical expenses. She has just received a letter from the IRS saying that they are keeping $1400 of her return because he didn't pay the back taxes as per their decree. He and his wife (the affair lady) have a combined income of at least $50,000/yr. He pays $500/mo. for both kids. Neither CS hearing reflected his raise which was quite a large increase and so far she hasn't asked for a increase based on his combined family income. My sister's income was about $17,000. I would like to know whether she can take him to small claims court to get back anything that she has had to pay out that should have been paid by him. She could really use the money as she has been stuggling to start from nothing. I'm sorry this ended up so long. It was supposed to be a quick question. Any advice would be greatly appreciated and would have to be according to Oregon law.

A. The Oregon Bar provides an attorney referal service. The person calls and explains their need (ie., family, criminal, civil, etc.). The referal service then gives the caller an attorney's name and the initial sit down discussion with the attorney can not cost more than $30. Your sister would be able to have numerous questions answered from a legal person vs the web; however, I'm not an attorney but I am aware of some laws. If your sister is a joint debtor on an account than she is equally liable. If, resulting from the initial divorce, her ex was given .... say BILL "X" to pay and then stopped paying, she would be liable if she was a joint debtor. She can then go after her ex in the appropriate court based on the amount. In regards to Child Support (CS), she can go to the district attorney's CS enforcement office and the DA's office will go after her ex. Your sister's CS payment is "NOT" based on her ex's "new" (including her ex's girlfriend's income) joint family income as it's "not" her ex's grilfriend's kids. Likewise, when your sister re-marries or has a live-in friend, her CS will "not" be adjusted based on that; either. I hope this helps. I've been there and I'm currently taking my ex back to court for custody and to hold her accountable for her years of "GROSS" child-support misuse (ORS 107.105 section C).

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