Oregon Spousal Support (Alimony) Modification Attorney
Spousal Support Modification
In Oregon, spousal support can be modified upon an unanticipated substantial change in circumstances. Circumstances that validate a modification include, but are not limited to, a substantial reduction in income or loss of job of the paying spouse, retirement, significant increase in income earned by the spouse receiving support, or the recipient was working towards an income gain and became permanently disabled. Remarriage or a live-in partner does not necessarily affect spousal support. At times, the new spouse does not provide a significant financial increase to the family and so spousal support is still necessary.
Bringing a spousal support modification case before a judge in Oregon, not only in Hillsboro or Portland, can have risk associated with it. At a hearing, a judge decides if there is valid reason and substantial evidence to modify the spousal support. Prior to this hearing, however, discovery including potentially retaining an expert vocational assessment, may be necessary. If the judge decides there will not be a reduction in spousal support, the paying spouse initiating the modification may have to pay the other party’s attorney fees as well as their own. It is important to consider what the paying spouse will gain or lose by requesting a modification. Generally, the recipient of the spousal support seeking to increase the support will only be granted in extraordinary circumstances.
The length of spousal support can also be extended or reduced. Circumstances that can affect the length of support include the recipient spouse entering into the workforce and support may no longer be essential. Or the recipient spouse is working towards becoming financially independent and the support is set to end, the support can be extended if the recipient is not self-sufficient at the originally set support termination date. Spousal support can be reinstated after it reached the initial terms if the original reason for the termination no longer exists. A motion to reinstate the spousal support must be filed before the original designated time frame for the spousal support.
Contact a Spousal Support Lawyer
Depending on the type of support award, maintenance or transitional, speaking with an attorney that understands the complexity and legal requirements of bringing a modification is an important step. If you have any questions, contact the Hillsboro family law and spousal support attorneys at Kroll & Johnson, PC to schedule a contact today.
To speak with an experienced family law or divorce attorney today, please contact the Hillsboro, Oregon family, divorce, and child custody attorneys at Kroll Johnson, PC by calling (971) 205-3266 to schedule a consultation.