COVID-19-related income loss and support payments

Unfortunately, many people are experiencing a reduction in income due to the ongoing COVID-19 pandemic. Whether this is a reduction in hours, a temporary layoff, or the loss of a job altogether, it can be challenging to keep up with financial obligations such as spousal support or child support. There may be relief available.

The court has the power to modify spousal or child support due to a “substantial change in economic circumstances of a party” (ORS 107.135(3)(a)). Modifications of payments of compensatory spousal support are also subject to the change in circumstances being “involuntary, extraordinary, and unanticipated”. 

Unexpectedly losing a job or having your income impacted by this crisis for a multitude of reasons (i.e. shelter in place order, childcare responsibilities, caring for a loved one who is sick, etc.) certainly represents a drastic change in one’s financial circumstances that may make you eligible for support relief.

When considering the merits of a request to modify support, the court can include a variety of economic factors when making its determination, such as the reasonable opportunity of each party to acquire future income and assets, retirement benefits, and other benefits available to each party. (ORS 107.135 (4)).

If the court does grant a modification of support, it can be made retroactive to the date the motion for modification was served on the opposing party. The court does not have authority to terminate or reduce support prior to a modification motion being filed, so it is beneficial to begin the process as soon as possible if these circumstances apply to your particular case. 

Should you have specific questions or need assistance with this issue during this or any other time, the team at Four Point Legal is prepared to help you through this challenge.

*This is general information only and not meant to provide specific legal advice.