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Orion Nessly
Worked at Orion J. Nessly, Attorney at Law
Attended Lewis & Clark Law School
Lives in Lake Oswego, OR
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Orion Nessly

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The judge who issued Order below had obviously had enough of counsels' shenanigans--which is why he ordered them to "lighten up."
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That is funny...!!
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One parent smoking around the child used to be difficult to deal with in family law cases. While most judges would agree that it isn't good for the child and shouldn't be done, it was near impossible to enforce. As of January 1st, there will now be a law against smoking with a child in the car.

Here's a link to the article from Oregon Live: http://www.oregonlive.com/politics/index.ssf/2013/06/oregon_legislature_passes_ban.html
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A recent Oregon Court of Appeals Case (Waid & Waid, 2013) holds that retirement CAN constitute an unanticipated change in circumstances that will allow the Court to consider a modification of spousal support.  In this case, it was the wife who retired, at age 65, and it wasn't particularly "unanticipated," but the trial court did not expressly anticipate or provide for Wife's retirement in the divorce judgment.
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Thank you to the colleague who pointed out that, even though under Oregon law a parent is generally responsible for support of an otherwise adult child who qualifies as a "child attending school," a parent cannot be liable for child support for times when the child does not attend or ceases to attend school (with the exception of regularly scheduled breaks).  This comes from a 1979 Court of Appeals case called Eusterman & Eusterman.
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Another major change set to occur in how child support is calculated under the new guidelines is how we determine whether a parent's health insurance is "reasonable in cost." Under the new guidelines, both parents' ability to pay (determined by taking their adjusted income and multiplying by 4%) will be combined, instead of the current guidelines that look to only one parent's income to make this determination. 

So what's the impact going to be from this change? Well, it will allow for more expensive health insurance that is still considered "reasonable in cost." Before, is you had one parent with $3,000 in adjusted monthly income and the other with $2,000, health insurance would not be considered "reasonable in cost" if it was more than $120 (4% of $3,000) under the first parent's policy or $80 (4% of $2,000) under the second parent's policy.
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NY Times Op-Ed piece by John J. Farmer, Jr.  Especially interesting from the point of a solo practicioner.  http://www.nytimes.com/2013/02/18/opinion/to-practice-law-apprentice-first.html?_r=0
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This is also why I advocate for mentorship for new attorneys. Seems the OSB agrees as the mentorship program is now mandatory: http://www.osbar.org/programs/mentoring/index.html
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Orion Nessly

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When one of the largest companies in the United States serves you a “cease and desist” letter, there are various ways to approach it.
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You county's DA's Office's Support Enforcement Unit is no longer starting child support enforcement services just from getting a copy of an Order or Judgment from the Court.  Instead, you need to submit an application.  Here's the link and instructions:

http://www.oregonchildsupport.gov/calculator/Pages/index.aspx

Services >> Apply for Services >> Apply Now.
The Child Support Guidelines Calculator is a tool to help families estimate their monthly child support obligation based on the Oregon Child Support Guidelines: OAR 137-050-0700 through 137-050-0765. These guidelines are used in all child support cases to determine how much money each parent ...
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The terms in a divorce judgment providing for the division of property are not subject to modification (Spady v Graves, 1989).  The court has the power to change only the portions relating to spousal support, or custody of the minor children, parenting time, child support, and the welfare of the minor children (ORS 107.135(1)(a)).  Even a mutual mistake is insufficient to justify modification of the property division (Adams & Adams, 1991).
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Interesting article by Tracey Schorn, but nothing particularly surprising or new.  I've seen pretty much all of these traits in family law cases.  They cause a lot of damage and increase the cost in the short term, but generally end hurting the party acting out the most in the long run.

http://www.huffingtonpost.com/tracy-schorn/divorcing-the-character-d_b_3001431.html?utm_hp_ref=fb&src=sp&comm_ref=false
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Oregon's new child support guidelines are (tentatively) set to go into effect on July 1st, 2013.  One major change is going to be how parenting time credits are given.  Currently, the non-custodial parent has to hit that magical number of 92 overnights.  The reason for this is that no credit is given until the non-custodial parent has 25% or more of the parenting time, which is generally measured in overnights per year.  Under the new guidelines, instead of the 25% threshold, the non-custodial parent gets a credit with a single overnight and the credit increases according to parenting time along a graduated curve.  One of the hopes is that this will keep parents from battling over that 92nd overnight and instead try to create an arrangement that works best for their children and both parents as well.
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The Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA) determines which state has jurisdiction to make child custody determinations based on the child's "home state," which is where the child has lived for the past 6 months (or since birth if the child is less than 6 months old).  However, sometimes a home state cannot be determined, so the court must then look at the child and parents' connections to the state.  

Towards the end of last year, in a case called Department of Human Services v. S.C.S., the Oregon Court of Appeals illustrated how such a determination is made.  The Law.Justia.com PDF of the case can be read here:  http://law.justia.com/cases/oregon/court-of-appeals/2012/a150957.html
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Have him in circles
37 people
Joseph Thompson's profile photo
Landerholm Law, LLC's profile photo
Darla Mudd's profile photo
Revelation Two witnesses's profile photo
SCOTT MCCRAE's profile photo
M Goodwin's profile photo
Alan Robinson's profile photo
andrea nessly's profile photo
Mario Dieudonne's profile photo
Education
  • Lewis & Clark Law School
    2007
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Male
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Employment
  • Orion J. Nessly, Attorney at Law
    Attorney
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Currently
Lake Oswego, OR
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(503) 635-7773
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Address
4040 Douglas Way, Lake Oswego, OR 97035
Great dinner in a very fun atmosphere!!!! The fine French cuisine at Bagatelle is exceptional. And the vibe is super hot RIGHT in the Meatpacking district. If you get there around 7ish on a Thursday the place is relatively quiet and you can enjoy a nice meal and drinks. Stay after 9:30 and the place gets LIVE with the DJ. So MUCH fun, such GOOD food (try any of the meats and get a flat bread or two to start), and a GREAT looking crowd.... this is definitely a place to check out!
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Public - 8 months ago
reviewed 8 months ago
2 reviews
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