Is there circumstance where court ordered spousal support can be lowered in amount or stopped all together?

Asked on July 9, 2018 under Family Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There are three potential circumstances:
1) If it can be shown that the initial award or determination of support was based on fraud--that is, on the spouse receiving support lying about his or her income, assets, or other sources of support.
2) If the award contained some contingency reducing or terminating support, such as if the spouse receiving support remarries, and that can be shown to have happened; in this regard, if the spouse can be shown to be cohabitating with someone in a way that is the functional equivalent of marriage, that may be sufficient.
3) If the paying spouse's economic circumstance have changed in some significant way due to factors beyond his or her control (such as becoming disabled so he/she cannot work; being fired or laid off and being unable to replace the job despite making diligent efforts.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There are three potential circumstances:
1) If it can be shown that the initial award or determination of support was based on fraud--that is, on the spouse receiving support lying about his or her income, assets, or other sources of support.
2) If the award contained some contingency reducing or terminating support, such as if the spouse receiving support remarries, and that can be shown to have happened; in this regard, if the spouse can be shown to be cohabitating with someone in a way that is the functional equivalent of marriage, that may be sufficient.
3) If the paying spouse's economic circumstance have changed in some significant way due to factors beyond his or her control (such as becoming disabled so he/she cannot work; being fired or laid off and being unable to replace the job despite making diligent efforts.


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