How Is Spousal Support Determined in Oregon?

Spousal support (known elsewhere as alimony) is a monthly payment from one ex-spouse to the other, and is designed to minimize any unfair financial consequences following divorce.

2012-02-08

February 08, 2012 (Press-News.org) How Is Spousal Support Determined in Oregon?

Married individuals often become accustomed to a certain lifestyle during their years of marriage. They get used to the food they eat, the home they live in, as well as what they do for entertainment. Going through a divorce might put this lifestyle at risk, however, especially for the spouse who is not the primary wage earner for his or her family.

In order to avoid such a drastic lifestyle change, courts often award a husband or wife spousal support to maintain the standard of living similar to the one he or she had during marriage.

What Is Spousal Support and When Is it Granted?

Spousal support (known elsewhere as alimony) is a monthly payment from one ex-spouse to the other, and is designed to minimize any unfair financial consequences following divorce. For example, a spouse might need economic support if he or she did not work outside the home during the marriage, yet raised the children or managed household duties.

There is no specific method for determining whether spousal support is necessary or how much should be awarded. However, courts usually consider several pre-determined factors when analyzing spousal support cases:
-Duration of the marriage
-The parties' respective earnings or earning capacity.
-Training and employment history of each spouse (earning capacity)
-Education
-Financial needs or resources of the parties
-Responsibilities in caring for children
-Each spouse's age and overall health
-Standard of living established during the marriage

Of course, each divorce is different and courts will generally look at case specific facts before granting a support order.

Additionally, courts must determine what type of support to award:
-Transitional: Given for one spouse to obtain education or training to facilitate entry into the job market.
-Compensatory: Given when one spouse made a significant contribution toward enhancing/increasing the other's earning capacity by paying toward or supporting the other's education, training, skills or career during a marriage.
-Maintenance: Given for either a specific or indefinite period when there is a significant difference in the spouses' earning capacities. And where needed to help the lesser earning spouse to maintain a standard of living somewhere in the realm of what was enjoyed during the marriage.

Obtaining or Modifying Spousal Support Orders

A party may petition a court to modify spousal support orders under certain conditions, such as when there is either a material change in one spouse's need for the support or a reduction in the other spouse's ability to pay support. Modificationrequests can be filed by either the paying or receiving party. However, spousal support can only be modified while there is a duty to pay support. This means that if the support has been paid in full or there was no obligation to pay support in the divorce, spousal support cannot be awarded later.

Anyone who needs help obtaining, challenging or modifying a spousal support order should speak with an experienced family law attorney to discuss his or her rights and potential options.

Article provided by Yates, Matthews & Eaton P.C.
Visit us at http://www.yatesmatthews.com

ELSE PRESS RELEASES FROM THIS DATE:

Legal Fatherhood: Establishing Paternity in Texas

2012-02-08

Legal Fatherhood: Establishing Paternity in Texas If an unmarried mother in Texas needs child support to help take care of her child, paternity needs to be established. A single man may be a biological father in Texas, but he cannot be a legal father without the parents filling out an official Acknowledgment of Paternity form. Without the AOP, the child has no legal father. With it, the father's name will be added to the birth certificate. Legal paternity gives the father the enforceable right to spend time with the child. As a legal father, he can sue for child custody ...

What Do Texas Courts Look at in Deciding Child Custody Disputes?

2012-02-08

What Do Texas Courts Look at in Deciding Child Custody Disputes? Some divorces are friendly, and some are contentious. When young kids or adolescents are involved, the divorce will determine where the children will live and who will make important decisions about major things like education, medical care and discipline. In a divorcewhere the parents remain cordial and have basic respect for one another, child custody issues may be resolved by negotiating a marital agreement between the parties, preferably with the assistance of their family law attorneys. The parents ...

New Jersey Now Requires All Foreclosure Consultants to Be Licensed

2012-02-08

New Jersey Now Requires All Foreclosure Consultants to Be Licensed Even though the American economy has begun showing slight signs of improvement, many people are still feeling the effects of our recent recession and are faced with losing their homes. For example, RealtyTrac reports that one in 3,092 housing units in New Jersey received a foreclosure filing in November 2011, and roughly 38,000 properties were in some stage of the foreclosure process. As a result, more and more Americans have turned to bankruptcy to help them get through tough financial times and jumpstart ...

North Carolina Teen Dead After Drunk Driver Causes Car Crash at 80 MPH

2012-02-08

North Carolina Teen Dead After Drunk Driver Causes Car Crash at 80 MPH A recent crash in Holly Ridge, N.C. brought home the dangers of drunk driving in tragic fashion. Jacob Bietz was allegedly driving intoxicated on Highway 17 when he crashed into the back of a sedan and an SUV at approximately 80 mph. The wreck ultimately killed 19 year-old Jacinta Fischer. Two children in the sedan were treated for serious injuries at two nearby hospitals. The driver and passenger in the SUV were uninjured. Fischer, who had graduated from high school the year before, was enrolled ...

Chapter 13: An Overlooked Form of Bankruptcy for Individuals

2012-02-08

Chapter 13: An Overlooked Form of Bankruptcy for Individuals Bankruptcy filers often overlook the option to file under Chapter 13. Many believe the only choice is to file under Chapter 7, which generally involves the liquidation of non-exempt assets to pay debts. However, Chapter 7 bankruptcy is not the only option and many do not qualify based on too high a level of income. This article will provide a brief overview of Chapter 13 bankruptcy and discuss a few of its benefits. Brief Overview of Chapter 13 Bankruptcy Chapter 13 is often referred to as the "wage ...

The Texas View of Child Custody

2012-02-08

The Texas View of Child Custody When a divorcing couple has children, child custody is often a difficult issue. Decisions must be made about where the kids will live and go to school, how much time each parent will have with the children and how the kids' major life decisions will be made. Ideally, child custody matters can be negotiated by the parties outside the courtroom with each ably represented by an experienced family law attorney. Alternate dispute resolution methods like collaborative law or mediation may be helpful to this end. When a marital termination ...

Property Division Settlement Considerations

2012-02-08

Property Division Settlement Considerations All of the changes that accompany divorce can seem overwhelming, and the last thing that many people feel like they are able to do is make future financial planning decisions. Everything seems to be in flux, with relationships and lifestyles changing. However, you need to make careful decisions when negotiating property division settlements because of the potential impact the settlements will have on your economic well-being in the years to come. You should ask yourself some key questions when considering property division ...

Washington Parenting Plans

2012-02-08

Washington Parenting Plans When parents split up, they need to establish a Parenting Plan to dictate how they will work together to raise their child. A well-crafted Parenting Plan can protect children from parental conflict more effectively while also ensuring that parents meet children's physical and emotional needs. Parenting Plans can anticipate changes in the child's needs over time, thus reducing the frequency with which parents need to return to court to modify parenting arrangements. Washington Parenting Plans must contain some key provisions that outline each ...

Financial Advisor in Indiana Convicted in Ponzi Scheme Worth $7 Million

2012-02-08

Financial Advisor in Indiana Convicted in Ponzi Scheme Worth $7 Million From 2004 until 2011, Keenan Hauke was a respected financial advisor and investor. His clients included friends and his hometown residents. He now faces 25 years in prison and a $250,000 fine for securities fraudfor actions perpetrated during that time. It began when Hauke incorporated Samex Capital Partners, a hedge fund, in 1999. In 2004, the fund lost millions of dollars in a bad real estate deal in Michigan. Rather than admit he lost the money, Hauke solicited more investors to pay off Samex's ...

Divorce and Taxes in Connecticut

2012-02-08

Divorce and Taxes in Connecticut Divorce is often a turbulent time for those going through it, and one of the reasons that it can be so stressful is people need to try to figure out complicated financial issues. It is difficult for many to try to plan for their financial futures while they are going through the emotional turmoil of divorce. However, those facing divorce in Connecticut need to understand the tax consequences of alimony and other payments in order to make the best decisions for themselves when negotiating property support settlements. IRS Treatment ...

LAST 30 PRESS RELEASES:

Novel CAR T cell therapy obe-cel demonstrates high response rates in adult patients with advanced B-cell ALL

Clinical trial at Emory University reveals twice-yearly injection to be 96% effective in HIV prevention

Discovering the traits of extinct birds

Are health care disparities tied to worse outcomes for kids with MS?

For those with CTE, family history of mental illness tied to aggression in middle age

The sound of traffic increases stress and anxiety

Global food yields have grown steadily during last six decades

Children who grow up with pets or on farms may develop allergies at lower rates because their gut microbiome develops with more anaerobic commensals, per fecal analysis in small cohort study

North American Early Paleoindians almost 13,000 years ago used the bones of canids, felids, and hares to create needles in modern-day Wyoming, potentially to make the tailored fur garments which enabl

Higher levels of democracy and lower levels of corruption are associated with more doctors, independent of healthcare spending, per cross-sectional study of 134 countries