Chapter 430 Oregon Laws 2007
AN ACT
SB 306
Relating to reinstatement of terminated spousal support award; creating
new provisions; and amending ORS 107.136.
Be It Enacted by the People of
the State of Oregon:
SECTION 1.
ORS 107.136 is amended to read:
107.136. [Whenever spousal support has been terminated
under ORS 107.135, the court has the power to order reinstatement of the
support obligation if:]
[(1) The basis for the termination ceases to exist; and]
[(2) The reinstatement motion is filed within the period of time support
would have been paid had the support obligation not been terminated.]
(1) When a court has
terminated the duty of spousal support under ORS 107.135, the court may
reinstate the remaining duration and remaining amount of the support award if
the moving party alleges and proves that:
(a) The basis for the
termination has ceased to exist; and
(b) The reinstatement is
just and equitable under all the circumstances.
(2) For the purposes of
this section:
(a) The remaining duration
of a support award is the term of the award remaining as if the award had not
been terminated and support had been paid from the date of termination to the
date of reinstatement. For example, if the applicable judgment required payment
of spousal support for 10 years, the award was terminated in year three and
reinstatement of the award was sought at the end of year seven, the maximum
remaining duration of the support award that could be reinstated would be three
years.
(b) The remaining amount
of a support award is the amount of support owed as if the award had not been
terminated and support had been paid from the date of termination to the date
of reinstatement. For example, if the applicable judgment required support
payments of $1,000 per month for five years and $500 per month for the next
five years, the award was terminated in year three and reinstatement of the
award was sought at the end of year seven, the maximum remaining amount of the
support award that could be reinstated would be $500 per month.
(3) A motion for
reinstatement of a spousal support award under this section must be brought
within the remaining duration of the award or within 10 years after the entry
of the judgment terminating the award, whichever is sooner.
(4) In exercising the
discretion granted under subsection (1) of this section, the court shall
consider the basis for the spousal support award, the basis for the termination
of the award and the totality of the circumstances of each party existing since
the termination of the award.
(5) Either party may
file a motion to modify spousal support under ORS 107.135 in a proceeding to
reinstate the spousal support award. In addition to considering the factors
under ORS 107.135 (3) and (4), the court shall consider the factors described
in subsection (4) of this section.
(6) At any time, the
parties may waive their rights under this section in writing, signed by both
parties and referencing this section.
(7) Any reinstatement of
a spousal support award may be ordered effective retroactive to the date the
motion was served or to any date thereafter.
SECTION 2. The
amendments to ORS 107.136 by section 1 of this 2007 Act apply to spousal
support awards that are or were terminated before, on or after the effective
date of this 2007 Act.
Approved by the Governor June 15, 2007
Filed in the office of Secretary of State June 15, 2007
Effective date January 1, 2008
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