Legal Question in Family Law in Oregon

My ex wife is still not changing her last name back to her maiden name. when the divoce was final it stated she must change her married name back to her maidens name. she also is still filinfg under her married last name with the IRS. Also shes collecting food stamps and health care and finacial aid saying she has the children full time. the divorce stase she get them 40% alternating weeks and in the state of oregon they make you do parenting classes if you get divorced...i have taken them and she still has not. it has been a full year since the divorce has been filed ans she still has not even gone down to get a copy of the divorce. i am frustrated and need help


Asked on 10/28/11, 10:03 am

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

My ex wife is still not changing her last name back to her maiden name. when the divoce was final it stated she must change her married name back to her maidens name. she also is still filinfg under her married last name with the IRS.

----> ANSWER: The only legal authority of the divorce court judge is to "restore" a spouse to a former name, But the divorce court does not have athority to REQUIRE to person to then actually USE the restored name and not to use the prior married name. In essence, ex-wife can use any name she wants, so long as she is not perpetrating fraud on creditors.

Also shes collecting food stamps and health care and finacial aid saying she has the children full time. the divorce stase she get them 40% alternating weeks.

----> ANSWER: So just how is this adversely affecting your financial rights? If you think she is committing welfare fraud, the you can report your information to the appropriate governmental authorities.

In the state of oregon they make you do parenting classes if you get divorced...i have taken them and she still has not.

----> ANSWER: No problem. If and when she seeks to modify the parenting time provisions of your divorce judgment, she will then have to attend the parenting class.

It has been a full year since the divorce has been filed ans she still has not even gone down to get a copy of the divorce

----> ANSWER: No problem. She probably does not feel a need to have a copy of the divorce. If want her to have a copy, you can always go down and get a copy and then give it to her.

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LAWRENCE D. GORIN

http://ldgorin.justia.net/index.com

Law Office of L.D. Gorin

6700 S.W. 105th Ave., Suite 104

Beaverton, Oregon 97008

Phone: 503-716-8756

Fax: 503-646-1128

E-mail: [email protected]

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Answered on 10/28/11, 11:12 am


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