The current economy is having a substantial impact on families and the ability to pay spousal support. Spousal support obligors are either losing their jobs or suffering a substantial reduction in income. Thus, our Courts are facing a huge increase in requests for spousal support modification.
Post-judgment spousal support modifications are governed by ORS 107.135. The spousal suport award may be either reduced or terminated depending upon the specific circumstances justifying the modification. The modification should be made in the Circuit Court in the County in which the original judgment was made. The party requesting the modification must show that there has been a substantial change in economic circumstances since entry of the underlying judgment. Generally, the courts require this change to have been unanticipated at the time of the award.
It is important to note that a judgment for spousal support remains in full force and effect until it is modified by the Court. Informal agreements by the parties are not enforceable and there are no retroactive modifications of support. As such, the person requesting the modification should do so as soon as possible. The modification if allowed by the Court will become effective on the date the Order to Show Cause is served on the opposing party.
If you or someone you know has suffered a substantial reduction in income, call the Law Offices of Paul F. Sherman toll free at (888) 824-2151 or Contact Us for a FREE Spousal Support Modification consultation.