Legal Question in Family Law in Oregon

Need to understand stipulated order sentence.

I have a stipulated order from my ex. I need to understand one sentence before I can sign it. It says: ''The child support award will be reviewed twelve months from the date of this order and may be modified without either party having to plead or prove a change of circumstances.''

When it says ''may be modified without either party having to plead or prove a change of circumstances'' does that mean that he can automatically change it and I will be helpless to do anything about it?

If he tries to modify it next year, will I be able to fight it if I want? I just don't want him to be able to change the amount in a way that I cannot do anything about it.

Thank you.


Asked on 1/24/01, 12:35 pm

1 Answer from Attorneys

Donald Gillespie Attorney at Law

Re: Need to understand stipulated order sentence.

"Stipulated Order" for what? Is this part

of a separation agreement or just custody or

just child support? The portion which says

"...w/o having to prove change of curcumstances.."

does away with the only basis for

modifying a child support award in NC, that is

a change in circumstances (of either/both)

parents which affects the minor child.

That basis keeps the parents from going back

to court each time somebody gets a raise or

somebody's boy/girlfriend dumps them, or voluntarily

quits a good job to move to Taos to be

an artist.Child support enforcement generally will not

try to get back into court in less than

three years to test for changed circumstances.

Check with your attorney to see whether

deleting that clause is a deal breaker.

The law allows the minor to collect and

seek to modify support until age 18

or high school graduation which ever

is later and no contract between the parents can

abrogate the child's right to support so

it is not crucial to the child's best interests.

It may only be important to a vengeful ex.

Good luck.

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Answered on 3/08/01, 5:40 am


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