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Author Archives: Meg Clark-Kilcoyne
New Case Law – Determination of Just and Equitable Spousal Support Award is within the Trial Court’s Discretion
On May 16, 2012, the Oregon Court of Appeals decided Berg and Berg. In this case, the wife appealed the amount and duration of the trial court’s award of spousal support. The Court of Appeals stated that it would not … Continue reading
Posted in Dissolution, Divorce, News, Spousal Support
1 Comment
New Case Law – Just and Equitable Division of Shares in Business
On May 16, 2012, the Oregon Court of Appeals decided Gay and Gay. This case involved the division of shares in a closely held corporation as part of a general judgment of dissolution. The husband and wife were minority shareholders … Continue reading
Posted in Dissolution, Divorce, News, Property Division
1 Comment
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 … Continue reading
Posted in Child Support, Modification, News
3 Comments
New Case Law – Substantial Change of Circumstances Since the Last Custody Order
On March 28, 2012, the Oregon Court of Appeals decided Sconce and Sweet. In this case, the trial court granted the father’s 2010 motion for a change in custody, granting him sole custody of the parties’ child. The trial court … Continue reading
Posted in Child Custody, Modification, News
3 Comments
New Case Law – Modifications of Spousal Support
On March 28, 2012, the Oregon Court of Appeals decided Spillane and Spillane. In this case, the trial court had terminated the husband’s obligation to pay spousal support based on his declining health, and the wife appealed that decision. The … Continue reading
Posted in Modification, News, Spousal Support
1 Comment
New Case Law – Importance of the “Primary Caregiver” in Custody Determinations
On March 14, 2012, the Oregon Court of Appeals decided Nice v. Townley. In this case, the trial court awarded custody of the parties’ young son to the father. The trial court weighed a number of factors under ORS 107.137 … Continue reading
Posted in Child Custody, News
1 Comment
New Case Law – “Just and Proper” Division of Separate Assets
On March 14, 2012, the Oregon Court of Appeals decided Wolfe and Wolfe. In this case, the wife appealed the trial court’s assignment of certain investment accounts to the husband as his separate property. The wife also appealed the duration … Continue reading
Posted in Divorce, News, Property Division
1 Comment
New Case Law – Attorney Fee Awards in Family Law Cases
On January 25, 2012, the Oregon Court of Appeals decided Berry and Huffman. In this case, the former husband tried to modify his obligation to make payments under a stipulated judgment, and the former wife wished to enforce the terms … Continue reading
Posted in Attorney Fees, Divorce, News
1 Comment
New Case Law – “Just and Proper” Division of Marital Assets
On December 14, 2011, the Oregon Court of Appeals decided Hanscam and Hanscam. In this case, the wife appealed the trial court’s division of property. The property in dispute included a rental property the husband purchased prior to the marriage, … Continue reading
Posted in Divorce, News, Property Division
1 Comment
New Case Law – Presumption of Equal Contribution
On December 14, 2011, the Oregon Court of Appeals decided Loomis and Loomis. In this case, the wife owned a 60% interest in a piece of property prior to the marriage, and acquired the other 40% interest during the marriage. … Continue reading