Category Archives: Spousal Support

New Case Law – Constructive Trust Over Life Insurance

Clients often feel very upset about having to provide a life insurance policy to secure their spousal or child support obligation. The most common complaint is with regard to the beneficiary designation for securing child support. Generally the other parent … Continue reading

Posted in Appeal, Child Support, Dissolution, Divorce, Enforcement, Legal Developments, Spousal Support | Tagged , | 2 Comments

Modification of Spousal Support – Part 3 (things to think about)

It is important to note that, in this economy, both the person paying spousal support and the person receiving it can experience a substantial, unanticipated change in circumstances. For example, if the purpose behind an original award to a party … Continue reading

Posted in Dissolution, Divorce, Spousal Support | Tagged , , , , , , , | 4 Comments

Modification of Spousal Support – Part 2 (The law)

Oregon law permits courts to modify awards of spousal support upon a showing of a substantial change in circumstances. The party seeking to modify an award carries the burden of proving that such a substantial change has occurred. Typically, courts … Continue reading

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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

New Case Law – an Oregon divorce lawyer’s take on why NOT to harass your spouse post separation (and a few other issues)

On March 4, 2009, the Oregon Court of Appeals published an opinion in Boyd and Boyd.  In the Boyd case, wife appealed from a divorce judgment, claiming the trial court erred in dividing the marital property, awarding husband attorney fees, and … Continue reading

Posted in Appeal, Attorney Fees, Dissolution, Divorce, Property Division, Spousal Support | Tagged , , , , , , , , , , | Leave a comment

New Case Law – why trial court findings and evidence are important

As a Portland Oregon divorce law firm, Stephens & Margolin LLP is dedicated to keeping up to date on Oregon Court of Appeals and Oregon Supreme Court opinions. As a service of The Oregon Divorce Blog, we will be providing … Continue reading

Posted in Appeal, Child Support, Dissolution, Divorce, Property Division, Spousal Support | Tagged , , , | 2 Comments

New Case Law: Settlement on the record

Most family law cases settle without a trial. Courts encourage settlement of family law issues, and the legislature expressly provides that it is Oregon’s policy to “encourage the settlement of suits for marital annulment, dissolution or separation . . .” … Continue reading

Posted in Dissolution, Divorce, Legal Developments, Myths, News, Property Division, Settlement, Spousal Support | Tagged , | 1 Comment

New Case Law: I might not have bought it, but its my property too.

As a Portland Oregon divorce law firm, Stephens & Margolin LLP is dedicated to keeping up to date on Oregon Court of Appeals and Oregon Supreme Court opinions. As a service of The Oregon Divorce Blog, we will be providing … Continue reading

Posted in Appeal, Property Division, Spousal Support | Tagged , , | 1 Comment

New Case Law: Division of trust interest

As Portland Oregon based lawyers representing divorce and family law clients, we are always interested in what guidance the Oregon Court of Appeals gives us on dividing specific types of property at divorce. With many types of assets, it is … Continue reading

Posted in Appeal, Dissolution, Divorce, Legal Developments, Property Division, Spousal Support | Tagged , | 1 Comment

Divorce Myths: The differences bewteen an annulment, legal separation, and a divorce

As a divorce lawyer practicing in Portland, Oregon, one common myth I hear is that annulments offer substantially different relief than divorces. Another version of the myth is that legal separations offer substantially different relief than divorces or annulments. The … Continue reading

Posted in Annulment, Dissolution, Legal Separation, Myths, Property Division, Spousal Support | Tagged , | 1 Comment