107.412
Procedure applicable to ORS 107.407; matters considered; attorney fees. (1) Upon petition of an individual
and after service of notice on the other party in the manner provided by law
for service of a summons, the court shall conduct a proceeding to determine
whether so much of its judgment as provides for the support of a party shall be
set aside.
(2) Except as
provided in subsections (3) and (4) of this section, if the court finds that
the party receiving support has not made a reasonable effort during the
previous 10 years to become financially self-supporting and independent of the
support provided under the judgment, the court shall order that support
terminated. In making its finding under this subsection, the court shall
consider the following matters:
(a) The age of
the party receiving support;
(b) The health,
work experience and earning capacity of the party;
(c) The ages,
health and dependency conditions of the minor children of the party; and
(d) Efforts made
by the party during the previous 10 years to improve opportunities for gainful
or improved employment including, but not limited to, attendance at any school,
community college or university or attendance at courses of professional or technical
training.
(3) A court does
not have power under ORS 107.407 and this section to set aside any payment of
money for the support of a party that has accrued prior to the filing of the
petition under subsection (1) of this section.
(4) ORS 107.407
and this section do not affect a judgment, or any portion of it, that provides
for the payment of money for the support of minor children or for the support
of a party who is 60 years of age or older when the proceeding under subsection
(1) of this section is held.
(5) In a
proceeding held under subsection (1) of this section, the court may assess
against either party a reasonable attorney fee for the benefit of the other
party. [1975 c.500 §3; 1995 c.343 §22; 2003 c.576 §119]
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 1981–2025 · leading case:
Porter, 786 P.2d 740 (Or. Ct. App. 1990).
Porter, 786 P.2d 740 (Or. Ct. App. 1990).
“Her hours vary, depending on her employer’s needs, but she generally works 30 hours per week, taking home approximately $108 per week. Under ORS 107.407 the court may terminate support if wife has not made reasonable efforts to become financially self-supporting and independent…”
In re the Marriage of Bliven, 806 P.2d 177 (Or. Ct. App. 1991).
· cites it 2× “” Porter and Porter, 100 Or App 401, 406 , 786 P2d 740 , rev den 310 Or 281 (1990); ORS 107.412(2). Wife did not enter the work force until she was 48.”
In re the Marriage of Hall, 328 P.3d 808 (Or. Ct. App. 2014).
· cites it 6× “407 and ORS 107.412(2). Assuming that husband prevails on that assignment, he also assigns error to the trial court’s award of $40,000 in attorney fees to wife.”
In re the Marriage of Hearing, 857 P.2d 877 (Or. Ct. App. 1993).
· cites it 5× “407 and ORS 107.412, a trial court may order support to terminate in the future.”
Norling & Norling, 340 Or. App. 300 (Or. Ct. App. 2025).
· cites it 3× “After 10 years of paying support, a party may peti- tion to set aside or terminate spousal support if the former spouse fails to make a reasonable effort to become financially self-supporting and independent.”
In re the Marriage of Salchenberg, 633 P.2d 35 (Or. Ct. App. 1981).
· cites it 2× “ORS 107.412(2). Husband’s Pension Plan At trial wife requested: "[T]hat the court award her one-half of the current monthly value of petitioner’s retirement fund and that that amount should be paid to her at such time that petitioner begins to receive his retirement benefits.”
In re Marriage of Alley, 779 P.2d 210 (Or. Ct. App. 1989).
· cites it 3× “” ORS 107.412(2) provides, in part: “[I]f the court finds that the party receiving support has not made a reasonable effort during the previous 10 years to become financially self-supporting and independent of the support provided under the decree, the court shall order that…”
In re the Marriage of Coughlin, 979 P.2d 292 (Or. Ct. App. 1999).
“407 and ORS 107.412, as [wife’s] Motion and Order to Show Cause did not specifically plead the [a]forementioned statutes.”
In re the Marriage of Gohlman, 949 P.2d 732 (Or. Ct. App. 1997).
“ORS 107.412(2)(a). Nor can we say that she acted unreasonably in taking advantage of a retirement offer that ensured that her expenses would not be greatly increased by the cost of maintaining her own health insurance coverage.”
Norling & Norling, 340 Or. App. 300 (Or. Ct. App. 2025).
· cites it 3× “After 10 years of paying support, a party may peti- tion to set aside or terminate spousal support if the former spouse fails to make a reasonable effort to become financially self-supporting and independent.”
In re the Marriage of Elliott, 833 P.2d 327 (Or. Ct. App. 1992).
“ORS 107.412(2) provides: “Except as provided in subsections (3) and (4) of this section, if the court finds that the party receiving support has not made a reasonable effort during the previous 10 years to become financially self-supporting and independent of the support…”
— Or. Rev. Stat. § 107.412(2) — 7 cases
Porter, 786 P.2d 740 (Or. Ct. App. 1990).
“Her hours vary, depending on her employer’s needs, but she generally works 30 hours per week, taking home approximately $108 per week. Under ORS 107.407 the court may terminate support if wife has not made reasonable efforts to become financially self-supporting and independent…”
In re the Marriage of Bliven, 806 P.2d 177 (Or. Ct. App. 1991).
“” Porter and Porter, 100 Or App 401, 406 , 786 P2d 740 , rev den 310 Or 281 (1990); ORS 107.412(2). Wife did not enter the work force until she was 48.”
In re the Marriage of Hall, 328 P.3d 808 (Or. Ct. App. 2014).
“407 and ORS 107.412(2). Assuming that husband prevails on that assignment, he also assigns error to the trial court’s award of $40,000 in attorney fees to wife.”
In re the Marriage of Salchenberg, 633 P.2d 35 (Or. Ct. App. 1981).
“ORS 107.412(2). Husband’s Pension Plan At trial wife requested: "[T]hat the court award her one-half of the current monthly value of petitioner’s retirement fund and that that amount should be paid to her at such time that petitioner begins to receive his retirement benefits.”
In re Marriage of Alley, 779 P.2d 210 (Or. Ct. App. 1989).
“” ORS 107.412(2) provides, in part: “[I]f the court finds that the party receiving support has not made a reasonable effort during the previous 10 years to become financially self-supporting and independent of the support provided under the decree, the court shall order that…”
— Or. Rev. Stat. § 107.412(2)(a) — 1 case
In re the Marriage of Gohlman, 949 P.2d 732 (Or. Ct. App. 1997).
“ORS 107.412(2)(a). Nor can we say that she acted unreasonably in taking advantage of a retirement offer that ensured that her expenses would not be greatly increased by the cost of maintaining her own health insurance coverage.”
— Or. Rev. Stat. § 107.412(5) — 4 cases
In re the Marriage of Bliven, 806 P.2d 177 (Or. Ct. App. 1991).
“” Porter and Porter, 100 Or App 401, 406 , 786 P2d 740 , rev den 310 Or 281 (1990); ORS 107.412(2). Wife did not enter the work force until she was 48.”
Norling & Norling, 340 Or. App. 300 (Or. Ct. App. 2025).
“After 10 years of paying support, a party may peti- tion to set aside or terminate spousal support if the former spouse fails to make a reasonable effort to become financially self-supporting and independent.”
In re the Marriage of Hearing, 857 P.2d 877 (Or. Ct. App. 1993).
“407 and ORS 107.412, a trial court may order support to terminate in the future.”
Norling & Norling, 340 Or. App. 300 (Or. Ct. App. 2025).
“After 10 years of paying support, a party may peti- tion to set aside or terminate spousal support if the former spouse fails to make a reasonable effort to become financially self-supporting and independent.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.