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spousal support in oregon

3/22/2019

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Spousal support is an amount of money paid by one spouse to the other for the receiving spouse's future benefit. In Oregon, there are different types of spousal support: (1) transitional, (2) compensatory, and (3) maintenance. Any combination of the 3 types of support can be ordered; however, the amount and duration of the support must be “just and equitable."

Transitional spousal support is intended to enable a party to “attain education and training necessary to allow the party to prepare for reentry into the job market” or for advancement in the workforce. ORS 107.105(1)(d)(A). In order to award such support, a court may consider, but is not limited to, the following factors:
(i) The duration of the marriage;
(ii) A party’s training and employment skills;
(iii) A party’s work experience;
(iv) The financial needs and resources of each party;
(v) The tax consequences to each party;
(vi) A party’s custodial and child support responsibilities; and
(vii) Any other factors that the court deems just and equitable.
ORS 107.105(1)(d)(A).

Compensatory spousal support may be ordered when it is determined that one party has made “a significant financial or other contribution” to the “education, training, vocational skills, career or earning capacity of the other party.” ORS 107.105(1)(d)(B). The court may consider the following factors or other factors:
(i) The amount, duration, and nature of the contribution;
(ii) The duration of the marriage;
(iii) The relative earning capacity of the parties;
(iv) The extent to which the marital estate has already benefited from the contribution;
(v) The tax consequences to each party; and
(vi) Any other factors that the court deems just and equitable.
ORS 107.105(1)(d)(B).

Maintenance spousal support may be ordered for either a specified or an indefinite period of time. In ordering maintenance support, a court may consider but is not limited to the following factors:
(i) The duration of the marriage;
(ii) The age of the parties;
(iii) The health of the parties, including their physical, mental, and emotional condition;
(iv) The standard of living established during the marriage;
(v) The relative income and earning capacity of the parties, recognizing that the wage earner’s continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property;
(vi) A party’s training and employment skills;
(vii) A party’s work experience;
(viii) The financial needs and resources of each party;
(ix) The tax consequences to each party;
(x) A party’s custodial and child support responsibilities; and
(xi) Any other factors the court deems just and equitable.
ORS 107.105(1)(d)(C).

A fundamental goal of maintenance support is “to enable the parties to live separately at a standard of living” comparable to that enjoyed during the marriage, “to the extent possible.” In re Marriage of Potts, 217 Or App 581, 590, 176 P.3d 1282 (2008). 
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Unlike the method for determining child support, there is no set calculator to determine an amount of spousal support. Instead, spousal support is determine with a fact-specific inquiry using the factors described above. 
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tHE BASICS OF DOMESTIC VIOLENCE RESTRAINING ORDERS

3/7/2019

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If you have been a victim of domestic violence, you may be able to obtain a Family Abuse Prevention Act (FAPA) restraining order in the event your situation falls within the following criteria: 
  1. VENUE. A FAPA petition must be filed in the county where either the alleged abuser (Respondent) or alleged victim (Petitioner) resides.
  2. AGE. A person under the age of 18 years may request a FAPA order only if: (1) the Respondent is 18 years or older; and (2) Petitioner is either the spouse of Respondent, former spouse of Respondent, or a person who has been in a sexually intimate relationship with Respondent. 
  3. LEGAL BURDEN. The Petitioner must prove by that: (1) "abuse" has occurred in the past 180 days between "family or household members;" (2) Petitioner is in imminent danger of further abuse by Respondent; and (3) Respondent represents a credible threat to the safety of Petitioner and/or Petitioner's child or children.  
"Abuse" is the occurrence of one or more of the following acts:
  • Attempting to cause of intentionally, knowingly, or recklessly causing bodily injury;
  • intentionally, knowingly, or recklessly placing another in fear of imminent bodily injury; or
  • causing another to engage in involuntary sexual relations by force or threat of force.
"Family or household members" means:
  • spouses;
  • former spouses;
  • adult persons related by blood, marriage, or adoption;
  • persons who are cohabiting or have cohabited;
  • persons who have been in a sexually intimate relationship in the past 2 years; or
  • unmarried parents of a child.
If granted, a restraining order is effective for one year. However, the Respondent must be served with the restraining order, and has 30 days from the date of service to request a hearing in order to contest the restraining order. If a hearing is not requested within the 30 day time frame, the restraining order will stay in place for the entire year. If a Petitioner reasonably fears additional acts of abuse, the restraining order may be renewed prior to the end of the one year period. 
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