April 25, 2011

New Case Law – Amount of Spousal Support and Future Earnings

Last week the Oregon Court of Appeals issued a ruling in Hendgen and Hendgen.

The court made two important rulings:  1.  That the trial court’s spousal support award of $4,000 per month against husband should be reduced to $400 per month; and 2.  That only Husband’s actual ownership portion in a piece of real property could be attributed to him.

Wife was unable to prove any future earning capacity for Husband.  The trial court, however, found that Husband had a high future earning capacity and thus awarded Wife the higher amount of spousal support.  The Court of Appeals held that in the absence of an estimate of Husband’s future earning or that he has the ability to pay the high amount of spousal support awarded by the trial court, that the trial cour erred in providing such a high support award.

The entire opinion can be found here:  http://www.publications.ojd.state.or.us/A138497.htm

The lawyers at Stephens & Margolin LLP can assist you with your spousal support legal matters from trial through appeal.