Category Archives: Modification

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 – Support Enforcement Division Does Not Have Authority to Modify Child Support While an Appeal is Pending

On August 31, 2011, the Oregon Court of Appeals decided Division of Family Support Unit v. Sullivan. This case deals with a parent’s ability to modify child support through the Support Enforcement Division while the divorce judgment is being appealed.  … Continue reading

Posted in Child Support, Modification, News | 2 Comments

New Case Law – Agreement Not To Modify Child Support Does Not Violate Law or Public Policy

On October 26, 2011, the Oregon Court of Appeals decided Matar and Harake. In this case, the parties signed a stipulated general judgment which awarded child support to Mother.  The judgment included a provision preventing either party from modifying child … Continue reading

Posted in Child Support, Modification, News | 2 Comments

Child Support and The New Economy – A Letter From The Oregon Attorney General’s Office

I wrote a post a few weeks ago about the effect of the current enconomy on child support modification. The State of Oregon has taken note of the problem. Margaret Olney with the Oregon Attorney General’s Office sent out the … Continue reading

Posted in Child Support, Legal Developments, Modification, News | Tagged , | 2 Comments

Modification of Spousal Support – Part 1 (a few thoughts)

Though my girlfriend might be insulted to discover that my attention can, in fact, be diverted from the madness of college hoops in March, that’s exactly what happened last Saturday as I watched A.J. Price drain his forth 3-pointer of … Continue reading

Posted in Dissolution, Divorce, Legal Developments, Modification, Myths, News, Spousal Support | Tagged , , , , , , , | 5 Comments

Can I get custody of my child now if he or she is in danger?

As family law attorneys based in Portland, Oregon, we talk to a lot of parents with safety concerns about the other parent’s home. We hear questions about how to get custody quickly, or change a parenting plan quickly if a … Continue reading

Posted in Annulment, Child Custody, Grandparents, Legal Separation, Modification | Tagged , , , , | 14 Comments

Can I move out with the kids? The “Temporary Protective Order of Restraint” and “Status Quo Order”

As family law lawyers based in Portland, Oregon, potential clients ask us about if they can move out of the family home with the children, or if they can prevent a move. We hear questions like the following: Can I … Continue reading

Posted in Child Custody, Dissolution, Divorce, Grandparents, Modification, Myths | Tagged , , | 14 Comments

New Case Law: Moving Away and Modification of Custody and Parenting Time

A “move away” case is where one parent, either in an initial filing or modification, seeks to move a child away from the other parent. Move away cases are hard. In Oregon, the legislature’s stated policy is that good parents … Continue reading

Posted in Appeal, Child Custody, Divorce, Legal Developments, Modification | Tagged , , | 1 Comment