Oregon Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

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US-01899BG
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A decree for alimony is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a motion to modify an order for alimony on the same set of facts that existed when the original order was made.


To justify a modification of an alimony order, a court must find that there has been a change in the material circumstances of the parties since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In order to receive termination of alimony, you should obtain necessary evidence of life changes, such as your spouse remarrying, becoming deceased, or cohabitation. A judge may not grant termination in other changed circumstances.

Either ex-spouse can ask the court to modify the order if there is an unexpected change in either spouse's situation. This is called a "change in circumstances." The spousal support order can be increased, lowered, extended, or ended. Legal papers should be filed before the original spousal support order ends.

In Oregon, there are three different types of spousal support: transitional. compensatory. spousal maintenance.

In California, if the supported spouse?the one who receives alimony?gets remarried, then the paying spouse's obligation to provide spousal support automatically ends, unless both parties agreed to waive Family Code Section 4337. Filing a motion to terminate alimony or any type of court action is not necessary.

Skilled Spousal Support Modification Lawyers Serving Portland, Oregon. Spousal support (referred to as ?alimony? in other states) may be modified any time there has been a substantial and unanticipated change in financial circumstances and if the original purpose of the support award has been fulfilled.

Otherwise, to reduce or terminate an alimony award, the spouse seeking the change should file a motion to modify alimony in the circuit court clerk's office for your county. The court will then schedule a hearing where you and your spouse will argue whether alimony should be changed.

A last point to consider is that while you cannot quit your job to avoid spousal support, there is no obligation to labor 80 hours per week to support your ex-spouse's lavish, unemployed lifestyle. The California Supreme Court in Marriage of Simpson (1992) 4 Cal.

Oregon law instructs the Court to consider the following factors in awarding compensatory spousal support: The amount, duration, and nature of the contribution; the duration of the marriage; the relative earning capacity of the parties; the extent to which the marital estate has already benefited from the contribution; ...

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Oregon Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse