context: ORS 107.135(l)(a) provides, in part, that a court may "[s]et aside, alter or modify so much of the decree as may provide * * * for the support of a party * * The key phrase in the statute is the present tense verb phrase "may provide." That phrase implies that there must be an existing support obligation at the time that the court exercises its authority to modify. Our case law supports that interpretation of the statutory scheme.
citation_a.signal: see also
citation_a.parenthetical: holding that the trial court lacked authority to renew spousal support payments pursuant to a motion that was filed after the expiration of time during which spousal support was required to be paid under the original judgment
citation_a.sentence: See Wrench and Wrench, 98 Or App 352, 353, 779 P2d 195, rev den, 308 Or 608 (1989) (holding that, “[a]s with a promissory note, when the final payment was made [on a support judgment], the obligation was discharged[,]” and after that date “husband had no obligation that could support a modification”); see also Woita and Woita, 98 Or App 83, 87, 778 P2d 504, rev den, 308 Or 608 (1989) (holding that the trial court was without authority to modify a spousal support obligation when the modification proceeding was initiated ten years after the obligation to pay spousal support under the dissolution judgment had been terminated by order); Park and Park, 43 Or App 367, 602 P2d 1123 (1979), rev den, 288 Or 335 (1980) (holding that the trial court lacked authority to renew spousal support payments pursuant to a motion that was filed after the expiration of time during which spousal support was required to be paid under the original judgment).
citation_b.signal: see
citation_b.identifier: 98 Or App 352, 353
citation_b.parenthetical: holding that, "[a]s with a promissory note, when the final payment was made [on a support judgment], the obligation was discharged[,]" and after that date "husband had no obligation that could support a modification"
citation_b.sentence: See Wrench and Wrench, 98 Or App 352, 353, 779 P2d 195, rev den, 308 Or 608 (1989) (holding that, “[a]s with a promissory note, when the final payment was made [on a support judgment], the obligation was discharged[,]” and after that date “husband had no obligation that could support a modification”); see also Woita and Woita, 98 Or App 83, 87, 778 P2d 504, rev den, 308 Or 608 (1989) (holding that the trial court was without authority to modify a spousal support obligation when the modification proceeding was initiated ten years after the obligation to pay spousal support under the dissolution judgment had been terminated by order); Park and Park, 43 Or App 367, 602 P2d 1123 (1979), rev den, 288 Or 335 (1980) (holding that the trial court lacked authority to renew spousal support payments pursuant to a motion that was filed after the expiration of time during which spousal support was required to be paid under the original judgment).