Legal Question in Family Law in Oregon

Re: Spousall Support

YOUR QUESTION:

My son was married for 4 months when he joined the military and was transferred overseas. He & his wife were there for 5 months when she decided she didnt want to be married and returned to the states and moved in with her boyfriend. My son not knowing about the living situation and feeling he was unable to do anything from where he was....gave her power of attorney to execute the divorce proceedings. She wrote into the papers that he was to pay her 500.00 spousal support which he was unaware of until he received the final papers. Is there anything he can do 2 years later now to stop that? He volunteered to go to Iraq to earn extra money to pay his bills and she is getting any extra money he is making. I currently have power of attorney for him and am handling his affairs while he is deployed. Thank you for your time.

ANSWER:

Can anything now be done? Yes.

First, you need to have a lawyer take a close look at the "power of attorney" to determine exactly what it said and what "power" it granted.

Second, the person to whom a power of attorney is granted (called the "attorney in fact") does not have unbridled discretion or authority to do absolutely anything and everything he/she damn well pleases. The "power" must be exercised with due and reasonable regard for the financial and legal interests of the person who granted the power of attorney (known as the "principal"). In essence, the attorney-in-fact does not have the authority to subvert and sabotage the grantor's legal and financial interests. And that is what appears to have been done in the circumstances you describe.

Assuming this was an Oregon divorce, a motion to vacate and set-aside the divorce judgment can now be filed, based on the argument that it is no longer equitable that the spousal support award be given prospective application.

Alternatively, a motion to modify the existing judgment might be filed, asking the court to terminate the spousal support award that was originally established.

Need further help? Call me. My name and number are as follows:

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

503.224.8884

E-mail: [email protected]