This is one of the biggest risks of bringing these types of cases. A judge does not have to modify or terminate spousal support. It’s a case-by-case decision, it’s up to the judge’s discretion. The biggest thing that you have to lose by bringing forward one of these cases is a) their own attorney fees, which can be very expensive, and if you spend a lot of money trying to terminate spousal support and you don’t succeed, then you’ve lost any attorney fees that you’ve spent; b) if you lose and the other side had to pay a lot of money for their attorney fees for no reason when they won, this is a case where a judge might consider awarding attorney fees to that other person and the client would have to pay both attorney fees.
Laura Schantz is a family law attorney and mediator practicing in Beaverton, Oregon. To learn more about Laura Schantz and her firm, Schantz Law P.C., visit www.oregondivorceattorney.com.