Legal Question in Family Law in Oregon

You have ot file a MOTION seeking MODIFICATION of the existing spousal support order. Your MOTON needs to be accompanied by an AFFIDAVIT setting forth the facts on which the original support order was based and explaining why the existing order should now be changed.

If your ex-wife agrees with the relief you are seeking from the court, she can sign a WAIVER OF NOTICE AND CONSENT TO ENTRY OF JUDGMENT and have it filed with the court. You can then submit your SUPPLEMENTAL JUDGMENT OF MODIFICATION without furtehr ado.

In the absence of such waiver and consent from your ex-wife, DUE PROCESS OF LAW requires that you server a copy of your motion and affidavit on ex-wife, along with a NOTICE OF MOTION TO MODIFY. The notice needs to contain information as to what ex-wife needs to do if she objects to the relief you are seeking from the court. Each county has its own local procededural rules that must be followed. Some require ex-wife to file written objections with the court. Others simply require that she call the court clerk and request that a hearing date and time be assigned.

Your ex-wfe will be represented by a lawyer, if I understand what you are saying. You, on the other hand, "will not need one." ({Akiin to going into the operating room at the hospital and saying "But I don't need a surgeon; I'm gong to do it myself.") Good luck

Ultimately a court hearing will be needed only if the parties fail to reach a compromise agreement. Even if she initially files objections to your mother, she can always change her mind, even at the last moment, agree to a compromise, thus eliminating the need for a court hearing.

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A copy of your Motion and Affidavit must be served on your ex-NOTICE of the motion that you have filed (along with a coy,