QUESTION
My husband wants to stop my transitional alimony that only has one year left, what are the list of things I can request from his lawyer?
Asked on Mar 12th, 2013 on Divorce - Oregon
More details to this question:
I don't have an an attorney yet (modification a year later on our divorce). Trying to retain one. He's a dentist with an attorney. What forms can I legally ask for him to provide for me? (Attorney) I'm a single mom of two children (mine only). He got engaged the year of our divorce. Can I request a list of Wittness? The basis of his case? What he's seeking to obtain in the court room? Any thing I can legally, free and have the right to request documents. Here in Oregon. Could someone possibly provide me with a list of things I can request? I'd be very greatful. It's been a year and I just want this to be over with. And how do I do this? Please, understand this is very important to me. I feel all alone but don't know my rights, and I feel blind walking into the court room. So yes, what I can ask his attorney for? And can I go to court and request that I'm going to need more time to retain an attorney due to all the allegations of my ex spouse? Without a court hearing that involves my ex husband? Thank you, truly for detailed and honest answers I have no where to turn.
1 ANSWER
In order to abswer this question we would need to see the original judgment of dissolution, any subsequent orders affecting the spousal support obligation and the OSC Re: Modification with the supporting affidavit or declaration he is now submitting to the Court. Generally, in order to show that a modificiation is justified, the party seeking the modification must show that there has been a "material change in circumstances" since the entry of the original order. Normally, transitional spousal support is awarded to give you support during the time it takes you to get your job skills back up to speed after the end of your marriage so you can support yourself. The only way that amount can be modified is if he can show that you have a significantly higher income now than was anticipated when the original judgment was entered or that he has a much lower income now than he had at the end of your marriage (like all his patients went broke or moved away). Be careful - if you are served with an Order to Show Cause Re: Modification of Spousal Support you will have only 30 days to get a response on file or he will get a modification order by default.
Answered on Mar 12th, 2013 at 11:50 PM