As a Portland Oregon divorce law firm, Stephens Margolin P.C. is dedicated to keeping up to date on Oregon Court of Appeals and Oregon Supreme Court opinions. As a service of The Oregon Divorce Blog, we will be providing updates as new opinions come out.
On January 28, 2009, the Oregon Court of Appeals published an opinion in Powell and Powell. The case was an appeal from a dissolution of marriage (divorce) proceeding in Lane County. Husband filed the appeal to challenge the trial court’s property distribution and its award of spousal support to Wife.
The parties were married for 25 years. At the time of trial, Husband was 56 and Wife was 54. Husband worked as a professional musician and private music instructor earning approximately $2,000 per month. Wife had not been employed for a year prior to the divorce. Her last job was as a cook at a public school. During the marriage, the parties accumulated a substantial amount of credit card debt, the majority of which was incurred by Husband after the parties’ separation. The trial court awarded Wife indefinite spousal support in the amount of $750 per month.
The court of appeals will not modify a trial court’s property division unless it is convinced that it can make a significantly preferable disposition. Gilbert-Walters and Walters, 177 Or App 133, 140, 33 P3d 709 (2001). Here, the court did not believe that it could do so.
With regard to spousal support, the court found that the trial court had not adequately taken into account Wife’s earning capacity. The primary goal of spousal support, following a long-term marriage is to provide a standard of living comparable to the one enjoyed during the marriage. The court of appeals modified the award of spousal support to $500 per month.
You can review the full opinion in Powell and Powell at http://www.publications.ojd.state.or.us/A134463.htm.
The lawyers at Stephens Margolin P.C. can assist parties going through divorce regarding questions on division of assets and spousal support and in better understanding the law in Oregon regarding divorce. If you have any questions about Oregon appellate law please contact Daniel Margolin or C. Sean Stephens at Stephens Margolin P.C.
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The court has always the last word. It is always within its discretion to weigh evidence and award spousal support.
My Question to you is, Oregon tends to favor the wife.. My husband and I have been together for 9 yrs. He has been ordered to pay spousal support till 2011, they were married for 15 yrs. The x-wife currently works 2 hours a week, having worked out a deal with her employer, (rumor). We are currently trying to get the spousal support modified, because they take out so much we currently do not have even enough to pay rent every month.. Question: how would a person go about getting spousal support modified.. there is NO paperwork currently available at the state dept. that covers this.. the only paperwork available is combined with child support, is there anything on the web that will guide us through how to fill out the forms?
Thank you for your time
This is for DoJo,
I am currently attempting to get my spousal support modified. I currently pay $1,300 per month support, my ex quit her job and now works about 5 hours every other week. The plant I used to work at in Eugene, shut down, so I have been on unemployment for almost nine months. She is contesting this and it appears it will be a hard road. I found a form for modification in a stationery store in Salem. The form is “Ex Parte Motion and Order to Show Cause RE Post-Judgement Relief”.
Also, ensure that you file an affidavit explaining why you want a modification AND a uniform support affidavit at the time you file for your modification. If you don’t, it could be dismissed. Also, cover all of your bases and NEVER assume she will just make it a fair, stand up fight, she won’t. Trust me, I know. It’s not a fun road, but don’t give up.
For DoJo,
One more comment. It’s worth at least paying for a consultation with an attorney, it could save you a lot of trouble down the road.
I have a friend who recently seperated from her husband due to his drug abuse problems. They have both been unemployed for several months and outside of unemployment income he has been recieving money from an injury awarded him a few years ago.
They have both been using the monthly award money to meet financial needs. Does the spouse have any rights to part of this award? I’ve checked other resources on ORS site but couldn’t identify anything on this issue.
Thanks,
S