Legal Question in Family Law in Oregon

Spousal and Child support

Hi. Thanks for answering my question. Right now I'm paying Spousal and child support. In the divorce papers it states that I am to pay spousal support for 7 years or until she gets married (whichever comes first). In the final papers it states that I earn over $60 thousand. That was 2 years ago. I now earn $36 thousand a year and now the checks to her are bigger than mine and now I can't afford to pay my bills. If it helps my situation, she is living with someone that makes more money than me and they are engaged. Am I able to lower my payments?


Asked on 2/03/09, 1:21 pm

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Spousal and Child support

Under Oregon law.....

Judges always have the statutory right (ORS 107.135) to modify spousal support orbligations there has occurred a substantial and unforeseeable change of economic circumstance affecting the payor's ability to pay or the payee's need for the money, doing so upon motion of the party seeking the modification. Exception would be if the parties' agreement incoluced an provision expressly and intentionally waiving the otherwise legal right to file the modification motion. So unless there has been a waiver of right to file a motion to modify, your recourse is to file a motion to modify (and reduce or terminate) the spousal support obligation.

L.D. Gorin

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Answered on 2/03/09, 1:28 pm


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