Patterson and Patterson

In order to modify an award of spousal support, the court must determine that there has been a “substantial, unanticipated change in economic circumstances since the original award” with the other party carrying the burden of proof. Boni and Boni, 208 Or App 592 (2006).

Husband appealed supplemental judgments that granted his motion to modify spousal support and awarded attorney fees and costs to wife. Husband assigned error to the calculation of the spousal award. On appeal, Husband argued that the Wife’s living expenses were “materially reduced” by $2,100 because she downsized her standard of living when she moved into a different home. In response, Wife cross-appealed, claiming it was not a substantial change in her economic circumstance and that, regardless of her living situation, there were financial obligations that needed to be met to ensure that she was able to live independently. When modifying an award of spousal support, the court must determine that there has been a “substantial, unanticipated change in economic circumstances since the original award” with the other party carrying the burden of proof. Boni and Boni, 208 Or App 592 (2006). The Court held that the Husband failed to prove a substantial change because the assets of the Wife “have not commingled” with Stone’s and that the value of the benefit she received by changing her living situation did not rise to the required burden of proof. Affirmed.