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  1. #1
    Join Date
    Aug 2008
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    1

    Default Marriage Fraud, Annulment and Support

    My question involves divorce in the State of: Oregon
    I asked my girlfriend to marry me the night she told me she was pregnant with my child 11 years ago.
    I just had a DNA test done (8/15/08) on my son of nearly eleven years to find out that my marriage was based on a horrible lie; I am excluded as the father (0%)!

    Facts:
    • The night she told me she was pregnant I asked her to marry me and told her I was sorry for putting her in this position.
    • The night she told me she was pregnant I asked her if she was certain the baby was mine, she was insulted by the implication and told me that I was absolutely the father, I felt guilty for suggesting infidelity.
    • Had I known that she was cheating on me during our relationship and that the baby she was carrying was not mine, there would have been no marriage!
    She unilaterally decided to remove a biological father from his son, obligate a man into marrying her, and remove the rights of a child to know his biological father!
    After 12 years, she never told me the truth, and now she is divorcing me because she loves me but is no longer in love?! She tore out my heart with this divorce and now finding this out has me spinning.

    She is seeking child support plus alimony, I agree to the child support but no alimony should I pursue an annulment or do you think a judge would removed spousal support because of her fraud?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Marriage Fraud, Annulment and Support

    Oregon does provide for annulments on the basis of fraud:
    Quote Quoting ORS 107.015 Grounds for annulment or dissolution of marriage.
    (1) Except as provided in subsection (2) of this section, a judgment for the annulment or dissolution of a marriage may be rendered:
    (a) When either party to the marriage was incapable of making the marriage contract or consenting to the marriage for want of legal age or sufficient understanding; or

    (b) When the consent of either party was obtained by force or fraud.
    (2) A judgment for the annulment or dissolution of a marriage may not be rendered for a reason described in subsection (1) of this section if the marriage contract was afterward ratified.
    If you get an annulment you can't be held responsible for spousal support, but I suspect it will be difficult to convince a court to grant an annulment after 12 years of marriage. That's something you would want to discuss with a lawyer and not, in my opinion, something to try on your own.

    In terms of spousal support, the court considers many factors, outlined in a statute:
    Quote Quoting ORS 107.105(d) - Provisions of judgment
    (d) For spousal support, an amount of money for a period of time as may be just and equitable for one party to contribute to the other, in gross or in installments or both. The court may approve an agreement for the entry of an order for the support of a party. In making the spousal support order, the court shall designate one or more categories of spousal support and shall make findings of the relevant factors in the decision. The court may order:[indent](A) Transitional spousal support as needed for a party to attain education and training necessary to allow the party to prepare for reentry into the job market or for advancement therein. The factors to be considered by the court in awarding transitional spousal support include but are not limited to:
    (i) The duration of the marriage;
    (ii) A party’s training and employment skills;
    (iii) A party’s work experience;
    (iv) The financial needs and resources of each party;
    (v) The tax consequences to each party;
    (vi) A party’s custodial and child support responsibilities; and
    (vii) Any other factors the court deems just and equitable.
    (B) Compensatory spousal support when there has been a significant financial or other contribution by one party to the education, training, vocational skills, career or earning capacity of the other party and when an order for compensatory spousal support is otherwise just and equitable in all of the circumstances. The factors to be considered by the court in awarding compensatory spousal support include but are not limited to:
    (i) The amount, duration and nature of the contribution;
    (ii) The duration of the marriage;
    (iii) The relative earning capacity of the parties;
    (iv) The extent to which the marital estate has already benefited from the contribution;
    (v) The tax consequences to each party; and
    (vi) Any other factors the court deems just and equitable.
    (C) Spousal maintenance as a contribution by one spouse to the support of the other for either a specified or an indefinite period. The factors to be considered by the court in awarding spousal maintenance include but are not limited to:
    (i) The duration of the marriage;
    (ii) The age of the parties;
    (iii) The health of the parties, including their physical, mental and emotional condition;
    (iv) The standard of living established during the marriage;
    (v) The relative income and earning capacity of the parties, recognizing that the wage earner’s continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property;
    (vi) A party’s training and employment skills;
    (vii) A party’s work experience;
    (viii) The financial needs and resources of each party;
    (ix) The tax consequences to each party;
    (x) A party’s custodial and child support responsibilities; and
    (xi) Any other factors the court deems just and equitable.

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