Q: Her lawyer states I'm not entitled to spousal support, even though her income is 6 times more than mine?
Married 16 years. If I challenge the petition, it states I will have to pay her legal fees?
A: If your comments are based on the allegations in the Petition you should understand that what the Petition says isn't what the Judge is necessarily going to do. You need to get a consultation with an experienced family law Attorney and find out what courts typically do in situations with the same facts as your marriage. You also need to file a response within 30 days of being served. While a Response can simply say you appear which is going to dispute everything it is far more helpful to file a response asking for what you think you deserve and making such requests based on the advise of your Attorney. Your request needs to be realistic. As for you paying her legal fees - a court awarding legal fees to either party in an Oregon divorce is very very rare and is usually based on either one party misbehaving during the divorce which misbehavior caused unnecessary Attorney's Fees or based on one party having a much worse economic situation then the other party so they need help paying their Attorney's Fees. But even in this latter situation a court may just award property and spousal support and still tell you to pay your own fees. Again, you don't increase your risk of paying Attorney's Fee merely by exercising your rights to file a response and seek a fair trial. But again, you need to be reasonable and realistic. Asking for outrageous things could be seen as wasting everyone's time and could result in an award of Attorney's Fees. Get legal advice and you should be fine.
A: It's perfectly reasonable for you to petition for spousal support given the length of the marriage and the disparity in income. You would likely be successful in seeking an award. Attorney fees are generally granted when someone stakes out a dumb or unreasonable position and wastes everyone's time. You need to get yourself a family lawyer.
A: There are three types of spousal support in Oregon: compensatory, maintenance and transitional. In deciding whether to award spousal support, and the type, amount and duration of spousal support, the court will generally consider the following factors:
(I) The duration of the marriage;
(ii) The age of the parties;
(iii) The health of the parties, including their physical, mental and emotional condition;
(iv) The standard of living established during the marriage;
(v) The relative income and earning capacity of the parties, recognizing that the wage earner's continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property;
(vi) A party's training and employment skills;
(vii) A party's work experience;
(viii) The financial needs and resources of each party;
(ix) The tax consequences to each party;
(x) A party's custodial and child support responsibilities;
(xi) Any other factors the court deems just and equitable.
You should request that your spouse be required to pay your attorney fees. If you don't ask for your attorney fees, the court cannot award them.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.