Williams and Williams

ORS 107.135(3)(b) states, “If the judgment provided for a termination or reduction of spousal support at a designated age in anticipation of the commencement of pension, Social Security or other entitlement payments, and if the obligee is unable to obtain the anticipated entitlement payments, that inability is sufficient change in circumstances for the court to reconsider its order of support.”

Father appealed judgment regarding spousal support, child support, and parenting time. Father assigned error to the trial court’s decision to deny his request to terminate spousal support and modify child support based on the determination that no substantial change in economic circumstances had occurred. Father argued on appeal that the business he had worked for and was two-thirds owner had closed which resulted in a large decrease in his monthly income. ORS 107.135(3)(b) states, “If the judgment provided for a termination or reduction of spousal support at a designated age in anticipation of the commencement of pension, Social Security or other entitlement payments, and if the obligee is unable to obtain the anticipated entitlement payments, that inability is sufficient change in circumstances for the court to reconsider its order of support.” The Court found that the trial court erred in denying the modification because he was not anticipating the closure of the business which he primarily owned. The closure of the business meant the loss of Father’s job which at the time child support was decided was not foreseen or anticipated. Reversed and remanded as to denial of father’s motion to terminate spousal support and modify child support; otherwise affirmed.