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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Nov. 11, 1983)
The law by any other name by Katharine English Ever think about changing your name? Wonder how? A name change is one of the simplest legal procedures in the law. You can do it by your self, for as little as the cost of the filing fee and forms. It takes about a month and one to four trips to the courthouse (or the mailbox). In fact, name change is one of a lawyer’s best- kept secrets — s/he can charge you $150- $500 for work that takes about an hour. The easiest name change available is the “do-nothing name change.” You literally do nothing. You just start using your new name. The only requirement is that you do not take a new name to escape criminal or civil liability or to defraud creditors. After you have used the name for several years you have what is called a “comm on law” name change. Get sworn statements from people who have known you by that name for all of those years, and the department of motor vehicles, the social security office, and the passport office should accept your new name. Most banks, stores, and creditors will open accounts in your chosen name. Use that as proof of your new name in trying to secure a new driver's license or social security card. Recently, the Department of Motor Vehicles and the Social Security office have required proof of a legal name change — a court order — but enforcement of that require ment has been spotty. The only place that required a court order of name change is the passport office — so if you want a passport, get a legal name change. W hat is a legal name change? It’s the pro cess by which you ask the court to change your name. You ask in a Petition. It is granted in a Decree. In between the Petition and De cree passes a month or so of time during which you are required to give notice to the world at large that you are asking for the name change. This is so that if anyone ob jects for any reason to your change of name, s/he can make her/his objections known be fore the judge grants the Decree. First, you file your Petition with the court and pay the filing fee. Then you post a copy of it in 1 -3 public places for the world to see. Ironically, the public place can be the court house, the library, a laundromat Fred Meyer’s bulletin board, etc. While it is unlikely that any one of us ever reads any of those notices, the law presumes everyone does. So everyone knows you are getting your name changed and must come forward with objections. If no one objects, the court will issue your Decree. In Multnomah County you don’t even have to go to court — you just file your sworn statement which says you posted notice. You can file it by mailing. In some counties you have a brief, unnecessary hearing of about five minutes. Finally, you post notice of your Decree in the same public place(s) for several days. The world has one last chance to object If no one comes forward you are the new you. You use your Decree to get your new l.D. and to have a copy attached to your birth certificate. You don’t have to tell the court exactly why you want the name change. The law only requires that it not be against public policy. Well, you know and I know that a judge may use that as broad latitude to inquire into your personal reasons. If this happens, my advice (if you don’t want a very quick name change and you are willing to spend time and money on your political beliefs) is to tell the judge it’s none of his/her business and the law doesn’t allow him /her to inquire. Then call me or some other rabble-rousing civil rights lawyer. Otherwise, tell the court why, by putting it in your Petition: "Because I hate the patriarchy and I don’t want to bear my father’s name," or "Because I am a transsexual and I want to go by that name,” or "Because I feel like a bird so I want to be Bird” — whatever. Your name change should be granted no matter how the court feels politically, morally or personally. If it is denied, call your lawyer. Certain catches. Transsexuals may have problems depending on the judge. A quick consultation with your lawyer about which judges N O T to go to will be worth the money. There is additional explanation which needs to be given to the Court and included in your Petition. You’ll need a sworn statement from your physician, whether pre- or post-op. But the name change should be granted. If de nied, call guess who. Another catch. If you are a custodial parent you can’t change your kids’ names behind the other parent’s back. S /he must be notified and give consent or know when her/his ob jections can be heard by the judge. If you know that the other parent is going to contest the name change, you’ll need a laywer. All of this advice so far is general — proce- dure varies from county to county. If you want more information, Julie McFarlane and 1 have written a handbook. H o w To Change Your Nam e in Oregon, which sells in bookstores, or my office, for $19.95. It has more information all the forms you will need, and all instructions. It costs $ 19.95. But it’s also at the library and you can xerox the forms, which is much cheaper. Or you can buy the forms needed at Steve ns- Ness in Portland if you want to try to do it with with m inim um instructions— also a cheaper option. And the Multnomah County Court house has a pamphlet with some instructions and information. It's free. So if your mother and father named you Grunhilda Blickensderfedt and you really feel more like a Wavy Oceans or a Butch Wax, go for it Almost anything goes. One man changed his name to 0 (that’s zero), another tried to change it to his social security number. I’ve even thought of changing mine t o . . . Well, almost anything goes. The wonder of ita li ... short form, unaware and uninformed of the tax benefits available to her. How typical of so many of us. Thousands of taxpayers are going along with the tide, filing the 1040A program — mailed to them each year — not utilizing the elections they have as taxpayers. The federal tax laws contain many tax reducers such as itemized deductions, deductions for business travel expense, deductions from gross income and income averaging to the qualify ing taxpayer. All these elections cannot be made on the 1040A or the new 1040EZ (easier to determine the taxes you owe, not easier to take advantage of tax benefits). Now let us see what happened to the cor porate executive. By taking advantage of moving expense deductions and income averaging through amended federal and state tax returns, she netted refunds of over $ 1,500.00 which she wisely invested in a home purchase as part of her future tax planning. No more 1040A short forms. Be aware and seek competent help. Save tax dollars $$$. by D iana Plunkett A 34 year old graduate of Fresno State with a Bachelor of Science degree in business administration, now a production manager of a iocal manufacturing firm, in a 38% tax bracket, paying taxes on a 1040A short form and wondering where all her money goes. Sound familiar?This same individual learned about the Spanish-American War in her formative years, how to dissect frogs in high school and how to analyze complex corpo rate financial statements as part of her graduate study. The wonder of it all, an all encompassing educational background that prepared her for the financial world of mak ing money and “paying taxes," on the 1040A OLD PHOTOS RESTORED PHOTOGRAPHIC SHOOTS CUSTOM PRINTING: - Black and White - Color TELEPHONE: 282-2474 14 Just Out Nov 11-Nov 25