New Case Law – No Substantial Change In Circumstance Where Income Increased by 4%

On April 4, 2012, the Oregon Court of Appeals decided Bock and Bock. This case was based on the mother’s motion to modify the child support provisions of a stipulated general judgment of dissolution. The mother alleged that, since the judgment was entered over a year earlier, the father’s income had increased somewhat and her circumstances had changed in that she was not receiving the return on investment that she had expected at the time she agreed to the terms of general judgment. The trial court modified child support, who paid uninsured medical expenses, and who was entitled to claim the children as dependents for tax purposes. The Court of Appeals, however, found that there was no substantial, unanticipated change in circumstances where the father’s income only increased by 4% over a 17 month period, and reversed the trial court. Specifically, the court found that in this case both parents could have anticipated that there would be minor increases or decreases in the father’s income. The Court of Appeals also stated that the mother’s argument that she did not receive the return on investment she expected or, alternately, that the reasons supporting the prior child support award no longer existed did not constitute a substantial, unanticipated change of circumstances.

The entire opinion can be found here.

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3 Responses to New Case Law – No Substantial Change In Circumstance Where Income Increased by 43

  1. So basically, the Oregon Court of Appeals has quantified for us that a slight increase in income, in this case 4 percent of 17 months, does not constitute a ‘change of circumstances’ for purposes of granting a modification.

  2. Justina says:

    Can a obligee request to have child support order reviewed under the circumstance of a faulse statement by Obligee says there has been a change in circumstances even if its un true. No significant change in cicercumstances has occurred infact obligee has greater total income rather than, decreased at all. Just wondering if rhere is anything i can do about him getting mad and requesting child support being reviewed, and modified. Thanks for any advice you can lend.

    • cseanstephens says:


      For an administrative review that is automatic, no change in circumstances is required. If the obligee makes a declaration as part of a modification motion that claims there has been a change of circumstances, but one doesn’t exist, the court shouldn’t modify support. Hope this helps!

      Sean Stephens

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