74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 691
 
                           A-Engrossed
 
                         Senate Bill 306
                 Ordered by the Senate March 22
           Including Senate Amendments dated March 22
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary for Oregon State Bar Family Law Section)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Modifies conditions under which court may reinstate terminated
spousal support award. Limits duration and amount of reinstated
award. Limits time within which party may seek reinstatement.
 
                        A BILL FOR AN ACT
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. + }
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