Oregon

Marriage & Family Law Home

How Does the Process of Calculating Spousal Support Work?

Spousal support is awarded in Oregon when, following a dissolution or marriage or legal separation, the court declares one spouse incapable of maintaining the standard of living established during marriage independently of the other. Spousal support, also known as alimony, is awarded dependent on many factors related to the marital and economic lives of both parties involved in the case.

There are three types of spousal support: transitional, compensatory, and maintenance. Transitional support is to help a party obtain education or training needed to reenter or advance in the job market; this type of support is often awarded in shorter marriages when a party may need additional recourses to transition back into independent l ....... Click here to get more info on Alimony

How is Child Support Suspended?

A parent’s obligation to pay support to a child attending school is suspended when:

• The child has reached 18 years of age and has not provided written notice of the child’s intent to attend or continue to attend school, the child has graduated, or has reached the date to stop attending classes



• Services are not being provided under ORS 25.080



• The parent has provided the child with a written notice of the parent’s intent to stop paying support directl ....... Click here to get more info on Child Support

What Happens in Cases of Domestic Abuse?

However, if a parent has committed abuse as defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735), other than as described in subsection (6) of this section, there is a rebuttable presumption that it is not in the best interests and welfare of the child to award sole or joint custody of the child to the parent who committed the abuse.(3) If a party has a disability as defined by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the court may not consider that party’s disability in determining custody unless the court finds that behaviors or limitations of the party that are related to the party’s disability are endangering or will likely endanger the health, safety or welfare of the child.(4) In determining custody of a minor child under ORS 107.105 (Provisions of judgment) or 107.135 (Vacation or modification of judgment), the court shall consider the conduct, marital status, income, social environment or lifestyle of either party only if it is shown that any of these factors are causing or may cause emotional or physical damage to the child.(5) No preference in custody shall be given to the mother over the father for the sole reason that she is the mother, nor shall any preference be given to the father over the mother for the sole reason that he is the father.(6)(a) The court determining custody of a minor child under ORS 107.105 (Provisions of judgment) or 107.135 (Vacation or modification of judgment) shall not award sole or joint custody of the child to a parent if:(A) The court finds that the parent has been convicted of rape under ORS 163.365 (Rape in the second degree) or ....... Click here to get more info on Custody

Are There Requirements for Divorce?

Oregon law only provides for no fault divorces. ....... Click here to get more info on Divorce

How are Visitation Rights Requested?

Oregon law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply.

The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."

What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate the following factors are relevant to this type of decision: the emotional ties between the child and other family members; the interest of the parties in and attitude toward the child; the desirability of continuing an existing relationship; any prior domestic violence or abuse. caregiver preference and cooperation betwe ....... Click here to get more info on Visitation

How is Equitable Division Defined?

Under Oregon law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. Equitable division does not mean marital property is divided equally, it is divided in manner that results in a fair or equitable result for each spouse.

Courts will consider the following factors:

each spouse’s share of the marital property; monetary; the economic circumstances of each spouse; the conduct of each spouse; the value of the marital property and whether each spouse will support minor children.

Alter ....... Click here to get more info on Property Division