When life circumstances change unexpectedly, court orders may need to be rethought or modified. According to Oregon law, any court order regarding child custody and parenting time, child support, and spousal support is subject to modification due to a substantial, unanticipated change in circumstance.
Our Portland modifications attorneys can assist you with modifying a court order in Oregon. Contact us online or call us at (503) 208-3459 today.
To modify a court order, you must first file a motion and an affidavit stating that the reason for the modification is considered a substantial change in circumstances as according to the law.
Anthony Stuart joined the Levine Law Center team in 2019 and is admitted to practice law in Oregon and Florida (presently inactive). He started his legal career in Florida and first started practicing family law alongside a complex business and family immigration law practice. After moving to Oregon in 2015, Anthony established a new law practice dedicated to working with small to medium-sized enterprises on regulatory matters, governmental affairs, mergers and acquisitions, and corporate governance.
The former spouse or other parent does not need to file a response to the motion. Instead, the opposing party can ask the court to grant or dismiss the motion – depending on the circumstances.
To modify a custody or parenting time order in Oregon, you must show:
The court will refer to the best interests of the child standard that it initially referenced when making the initial custody decision.
At Levine Law Center LLC, we believe that every client deserves personalized attention and exceptional legal representation. With a team-oriented approach, extensive experience, and flexible payment options, we are committed to addressing your unique legal needs. Whether it’s protecting your business, family, or future, we’re here to deliver results that matter to you and your loved ones.
If you would like to obtain an increase or decrease in child support payments, you must prove that a change in circumstances has occurred that impacts your economic situation. This could include a change to your income level, job, and/or benefits. According to Oregon law, state agencies can conduct periodic reviews to determine if a child support award complies with the state’s child support guidelines. You cannot voluntarily lower your income or earning capacity to avoid paying child support.
To modify spousal support, you need to show whether the purposes of the initial award have been met. For example, remarriage may be considered as a reason to modify spousal support if the event made the spousal support order unnecessary.
The court can modify parenting time if the custodial parent has interfered with the noncustodial parent’s time with their child. The court may grant the noncustodial parent additional parenting time, request counseling, or order other actions it deems fit. The court can also modify custody and parenting time if a restraining order has been issued under the Family Abuse Prevention Act.
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Some examples of what the court may consider a specific change in circumstance may include but are not limited to the following:
Our experienced attorneys at Levine Law Center LLC have assisted clients with all aspects of the family law modification process. If your previous court order no longer fits your needs or has placed your child in danger, do not hesitate to reach out to our firm. We pride ourselves on helping Oregon families through difficult transitions. Our firm offers flexible payment plan options for your convenience.
Secure an initial consultation online or give our office a call via (503) 208-3459 to learn more about our family law modification services. We are a multilingual law firm.
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