Who has the burden of showing a “change of circumstances” to seek a modification of alimony?
The spouse who seeks a modification of alimony has the burden of showing “changed circumstances.” If a party shows a change of circumstance then the court will grant the parties limited discovery. Basically, the parties will then exchange tax returns, pay stubs, and a CIS. The moving party must also prove that the changed circumstances have substantially impaired his/her ability to support himself or herself. If the court believes that the motion to reduce or increase alimony has merit, then it will schedule the case for a plenary hearing. An alimony plenary hearing can be just as complicated and draining as a divorce case. The court will also issue a discovery order. Alimony reduction cases always seem to last forever. These cases are not as carefully scrutinized as the divorce cases are. It is not uncommon for a Lepis alimony case to be adjourned five or more times. The courts are overwhelmed and they really can’t handle all of their volume of cases. However, before a court will gran
Related Questions
- Can I seek a modification of custody requesting that all four of my children live with me based on my fourteen (14) year old (oldest) childs election?
- Who has the burden of showing a "change of circumstances" to seek a modification of alimony?
- What are reasons for termination or modification of alimony in Oregon?
