Portland Spousal Support Modification Attorney
Skilled Spousal Support Modification Lawyers Serving Portland, Oregon
Spousal support (referred to as “alimony” in other states) may be modified any time there has been a substantial and unanticipated change in financial circumstances and if the original purpose of the support award has been fulfilled. This may occur when someone loses a job, gains new employment has a dramatic change in their health, remarries, or other circumstances. For support to be modified or terminated, the court must determine that the purpose for the original spousal support award has been met and that a modification is fair under the circumstances.
For example, if the purpose of spousal support was to allow a spouse to obtain training in a new career, then the court must find that the spouse has obtained the training needed before modifying or terminating support. A Portland spousal support modification attorney can help you discuss your situation and how the court may interpret your specific changes in circumstance.
Contact our experienced Portland spousal support modification attorneys to determine whether support (alimony) may need to be modified or terminated in your case.
What To Expect In An Consultation About Oregon Spousal Support
We meet with all potential clients in person for the first consultation. This allows us to meet potential clients and hear the background of each case, to determine if your case is a good fit for our office, and to provide information about a client’s rights and responsibilities under Oregon law. We offer this initial consultation for a flat fee of $100.00.
When starting the process for finding a lawyer, potential clients often ask “who is the best lawyer in Oregon for spousal support modification” or the “who is the best alimony lawyer in Portland?” The answer is the lawyer who gets the results you need. Like the rest of family law, there is no one-size-fits-all when it comes to selecting a family law attorney. The best attorney for you is the one who listens to your circumstances, provides solid legal advice, and facilitates and achieves your goals. Contact one of our Portland spousal support modification attorneys today to set up a consultation.
Spousal Support Modification In Oregon
Spousal support, or alimony, is typically paid by the higher-earning spouse to the lower-earning spouse in accordance with the terms of their divorce. The terms and purpose of the support will depend on which type of category it falls under transitional, spousal maintenance, or compensatory support. In some cases, spousal support is a short-term financial agreement and in some other cases, the higher-earning spouse may have been ordered to pay support long-term or even for an indefinite period.
In the state of Oregon, spousal support will terminate in accordance with its terms or upon the death of one spouse. But the court may consider a support modification when one spouse has had a significant change in their financial situation.
What Is Spousal Support Modification?
Spousal support aims to provide financial balance after a divorce and prevent the lower-income earner from suffering adverse financial problems. But after a divorce, there may be changes to either’s financial situation to require a revisitation to the support agreement to change, extend, or end support payments.
A spousal support modification can be requested when one party can prove substantial economic change that was not anticipated at the time of the divorce. This can be due to:
- A job loss
- An increase or reduction of one party’s income
- An increase or reduction of one party’s expenses
- Remarriage or a cohabitation relationship
- A disability
or other financial situations.
To modify an existing spousal support agreement, the requesting partner must offer proof of one of these changes. Because this burden of proof can be complicated and time-consuming, it is best done with the assistance of an experienced Portland spousal support modification attorney.
How Remarriage Affects Spousal Support
Unlike many other states, the remarriage of one party is not necessarily grounds to terminate spousal support. To terminate support, the partner paying the support must provide evidence that the remarriage has resulted in a substantial improvement of the other party’s financial position.
The court will also consider the purpose of the original support.
- Was it transitional support to offer the lower-earning partner time to become trained to earn a higher income?
- Was it compensatory to balance the investment in time or money that one partner made toward the other’s education or training that enabled the paying spouse to earn a higher income?
In either case, the court will be unlikely to modify the support unless the purpose has been met.
Oregon Cohabitation Laws And Spousal Support Modification
In Oregon, the term cohabitation describes a romantic relationship where two people live together similarly to a married couple. If the financial situation has changed substantially because of the cohabitation of the supported party, the court may consider a modification. This will require evidence prior to filing a motion for modification, however.
When Does The Modified Payment Go Into Effect?
If the court has granted a modification of spousal support to the paying spouse, it may be retroactive to the date that he or she served the motion. However, the paying spouse will still be responsible for any spousal support up until that date.
Getting Legal Guidance
Each situation for support modification will be different and procuring and presenting evidence supporting your modification can be complicated. It is best to do this with the advice and guidance of a Portland spousal support modification attorney. The team at the Jill Brittle Family Law Group has advised and skillfully negotiated spousal support modifications for our clients throughout our careers. Contact us to schedule an initial consultation to discuss your situation.