In Oregon, there are three major areas of a dissolution judgment which may be modified by the court: child custody and parenting time, child support and spousal support (alimony). My office is knowledgeable and skilled in all modification procedures and we can help you through this process. We are committed and determined to assist you in making the best possible decision for you and your child. We also know the importance of preparation and research in reaching optimal results. We will work with you to minimize the impact of the children involved.
Custody and Parenting Time
Many circumstances may affect custody and parenting time. These conditions often change over time as it may become in the best interest of the child to change custody or to modify parenting time. In a child custody or parenting time modification case, the effect of joint custody has the most impact on the new decision. For example, a modification may be appropriate if a party has been unwilling or is no longer able to cooperate with a joint custody order. Another acceptable reason for modification is if the child's best interests have been endangered. There is nothing more important than your child, and these modifications will greatly affect him or her. As these cases all turn on individual facts, there is nothing more important than proper development and presentation of the facts in your case to the court. It is imperative to obtain a good family law lawyer who has the insight to present these to obtain a favorable outcome.
Child Support
The court has the authority to modify a judgment with regard to child support, including provisions relating to providing health insurance and life insurance. It authorizes the court to terminate child support for a child who has become self-supporting, emancipated or married, or to suspend future support for a child who is no longer a "child attending school" as that term is defined in ORS 107.108. To modify support under ORS 107.135 you must show that there has been a substantial change in circumstances.
Child support may also be modified under the Oregon Child Support Guidelines. To be entitled to a modification under these guidelines you must either show that there has been a substantial change in conditions or that it has been two years since child support has been previously modified.
There are several unique factors when deciding to modify an existing child support agreement, including the decision to use a district attorney versus a private attorney. The child is obviously of chief concern. The impact of the age of the child and relocation, specifically when the custodial parent wants to move over 60 miles away, are also important considerations.
I can assist you in reviewing your judgment to determine if you may benefit from a modification of the child support. I can also explain how the district attorney may be able to assist you in modifying your child support.
Spousal Support
The court has the authority to modify a judgment for Spousal Support if there is a substantial change in circumstances. For example, if a party receiving spousal support has a substantial increase in income or has remarried or is living with someone who has a separate income there may be grounds to reduce or eliminate spousal support. If a significant decrease or increase in the income or expenses of a party, may also be a change in circumstances which would justify modifying spousal support.
What constitutes a substantial change in circumstances depends on the specific facts of your case. There are three types of spousal support, compensatory, transitional and maintenance. The type of spousal support in your case may affect whether your circumstances are sufficient to cause a court to modify support. Additionally, the particular wording of the judgment in your case may have a major impact on whether support may be modified, and if so, by how much.
Spousal support modifications are highly dependent on how the particular facts in your case are presented. For example, while a drop in the obligator’s income may otherwise justify a modification in spousal support, the court may deny an attempt to reduce support if the court finds the reduction was voluntary and not taken in good faith.
There are other factors pertaining to the ability to modify either spousal support or child support, including a change in income, retirement, or remarriage or cohabitation.
Having over 25 years of experience providing legal advice in all modification procedures, my knowledge and skill will help reach a fair and reasonable decision if indeed circumstances have changed. I practice in Clackamas County (Lake Oswego, West Linn, Oregon City, Clackamas, Wilsonville, Milwaukie), Washington County (Tualatin, Beaverton, Tigard, Sherwood, Aloha, Hillsboro), Multnomah County (Portland, Southwest Portland, Gresham) and Marion County (Woodburn, Salem, Kaiser)
Contact the Law Offices of Stephen J. Bedor today so we can begin working toward favorable results.
