Handley and Handley

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 11-16-2016
  • Case #: A158801
  • Judge(s)/Court Below: Duncan, P.J. for the Court; DeVore, J.; & Flynn, J.

Under ORS 107.135(3)(a), a substantial change in economic circumstances is sufficient to modify the child support order.

Father sought an increase in child support due to a change in circumstances because the child was now in his sole legal and physical custody. The previous order allowed for the child to choose where the child wanted to live at the age of 16. The trial court found that the change in circumstance did not warrant a change in the support because the child could decide to go back to living with mother at any time. On appeal, the Court holds, in light of the fact that the child went from living with father part-time to full-time, there was a substantial change in the father's economic circumstances under ORS 107.135(3)(a). Reversed and remanded.

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