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Vincent J. Bernabei

Vincent J. Bernabei

Vincent J. Bernabei LLC
  • Divorce, Personal Injury, Estate Planning ...
  • Oregon, Washington
Claimed Lawyer ProfileQ&A
Practice Areas
  • Divorce
  • Personal Injury
  • Estate Planning
  • Family Law
  • Probate
  • Nursing Home Abuse
  • Medical Malpractice
  • Elder Law
  • Domestic Violence
Additional Practice Area
  • Car Accidents
  • Free Consultation
    Free 15 minute initial telephone consultation
  • Credit Cards Accepted
  • Contingent Fees
    Contingent fees in all injury and accident cases.
  • Rates, Retainers and Additional Information
    Competitive rates for high quality legal services. Often, fees may be shifted to opposing party.
Jurisdictions Admitted to Practice
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  • English
Professional Experience
Vincent J. Bernabei LLC
- Current
Kennedy King & Zimmer
Boettcher, LaLonde
University of Nevada-Reno
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Lewis & Clark Law School
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Outstanding Volunteer
Multnomah Bar Association
Professional Associations
Washington State Bar  # 14649
- Current
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Oregon State Bar
- Current
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Websites & Blogs
Legal Answers
217 Questions Answered

Q. Can my ex say I'm unfit in custody case cause I'm stay at home mother. I'm remarried and my husband has a great income
A: One factor that a court may consider in deciding whether to modify child custody is whether a parent is able to provide a secure and stable environment for the children. Your current spouse's income, which allows you to be a stay-at-home mother to your children, could work to your advantage in a contested custody case. As you note, your current spouse's income won't be used to calculate the presumed amount of child support under the Oregon child support calculator. Custody claims are often very complex, so I recommend you contact an attorney to discuss the specifics of your case.
Q. I want to have my kids more, but my wife refuses.
A: The presumed amount of child support in Oregon is based upon the following variables. 1. Each parent's gross income (before tax). If a parent is unemployed or underemployed, the court will determine that parent's potential income or earning capacity based upon that parent's training, education, past work and income, experience, etc. Most judges will say that a parent is capable of earning at least minimum wage unless that parent is disabled or otherwise unable to work. 2. The cost of health insurance for each parent and for the children. 3. The number of overnights the children spend with each children. 4. The cost of work-related daycare, if any. You can access the Oregon child support calculator online by typing in "Oregon child support calculator." In most contested cases, the court orders the presumed amount of support. You may request a change from the presumed amount of child support depending on your circumstances. You should talk with an attorney in your area for specific advice.
Q. Uncontested divorce, ex is buying out of house: appraisal vs fair-market-value?
A: The fair market value of the residence is what a willing buyer would pay to a willing seller in an arm's length transaction. The appraised value is an appraiser's expert opinion of the fair market value of the residence. The expert's opinion is only an opinion of fair market value. The only way to determine the actual fair market value of the residence is to sell it to a willing buyer. That is not always necessary and it is common to use an estimated fair market value based upon an appraisal. If you suspect the appraiser's opinion of fair market value is low, then you could have another appraisal done by a different appraiser, or have a different appraiser review the first appraiser's report to see if there are any mistakes in it. You should consult with an attorney to determine the best course of action given your specific circumstances.
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Cascade Square, Suite 102
8625 SW Cascade Avenue
Beaverton, OR 97008
Telephone: (503) 443-1177
Fax: (503) 443-1178