New Case Law – Amount of Spousal Support and Future Earnings

Last week the Oregon Court of Appeals issued a ruling in Hendgen and Hendgen.

The court made two important rulings:  1.  That the trial court’s spousal support award of $4,000 per month against husband should be reduced to $400 per month; and 2.  That only Husband’s actual ownership portion in a piece of real property could be attributed to him.

Wife was unable to prove any future earning capacity for Husband.  The trial court, however, found that Husband had a high future earning capacity and thus awarded Wife the higher amount of spousal support.  The Court of Appeals held that in the absence of an estimate of Husband’s future earning or that he has the ability to pay the high amount of spousal support awarded by the trial court, that the trial cour erred in providing such a high support award.

The entire opinion can be found here:  http://www.publications.ojd.state.or.us/A138497.htm

The lawyers at Stephens & Margolin LLP can assist you with your spousal support legal matters from trial through appeal.

About Daniel Margolin

Daniel Margolin is a founding partner of Stephens & Margolin LLP and a Portland, Oregon native. His practice focuses on all aspects of family law litigation. Dan applies his litigation expertise to provide additional expertise when assisting clients with Family Law Appeals and Collaborative Divorce matters. To find out more or contact Daniel Margolin, visit Stephens & Margolin LLP
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One Response to New Case Law – Amount of Spousal Support and Future Earnings

  1. I think the court of appeals got this one right – locking the husband in to a higher monthly spousal support payment seems unjust because he may or may not reach his potential with regard to his future earnings. In order to be fair to both parties, go ahead and award to the wife the lower amount and then schedule a review hearing in two years. If in two years the husbands income is considerably higher than it is right now, then award to the wife the higher amount.

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