Legal Question in Family Law in Oregon

Re: statute of limitations

A motion for relief from judgment must be made within one year from a party receiving notice of the judgment. If you are still within this timeframe you may have a cause of action. You should consult an attorney.

Re: statute of limitations

YOUR QUESTION:

Can I get the judgment revised if I can prove that a mistake to the original calculations was made that I agreed to in email writing??

ANSWER: Generally, no. However, if you and your former spouse are both in agreement regarding the calculation error, you could both stipulate (agree) to a Corrected General Judgment of Dissolution of Marriage, as allowed by ORS 18.107. If there is dispute or disagreement regarding the miscalculation, the process becomes bit trickier. Much depends on just how the miscalculation came to be. Was it an error on your part? Was it the result of false or fraudulent representations made to you by your now-ex-wife? Much depends on the nature of the mistake and how it came to be. Each case must be analyzed on its on unique set facts.

Also, ORS 107.452(5) says that a motion alleging inadvertent omission of assets must be filed within two years after the date of discovery of the omission but no later than three years after the entry of the judgment.

More often than not, given the Doctrine of Finality of Judgments, getting a final judgment corrected due to an calculation error is a tricky procedure, especially if it has been one year or more since the original judgment was filed with the clerk of the court.

Best advice: Have your case reviewed by a lawyer and get some good competent legal advice.

LAWRENCE D. GORIN

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

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

E-mail: [email protected]