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In re the Marriage of Alls
Citations: 137 Or. App. 32; 902 P.2d 1204; 1995 Ore. App. LEXIS 1387Docket: 15-93-03954; CA A83248
Court: Court of Appeals of Oregon; September 27, 1995; Oregon; State Appellate Court
Wife appeals the judgment dissolving her 13-year marriage, and the court modifies certain aspects of the trial court's decision. The trial court had awarded wife a promissory note and trust deed for real property in California, valued between $300,000 and $400,000, which is in default. The husband was awarded the Cottage Grove property with $83,000 in equity. Although wife initially sought the California property free of husband's interest and a share of the Cottage Grove property, she later argued for a more equitable division that would provide her with immediate funds from the Cottage Grove sale and shared foreclosure expenses on the California property. However, her change of position did not warrant altering the initial award. The trial court lacked authority to forgive an unpaid $2,800 obligation that had accrued on temporary child and spousal support, as each unpaid support payment became a judgment under ORS 107.095(2). Husband contended that the court had valid reasons for forgiving the debt, but the court's order was not a property division but aimed to support wife and their child during the dissolution process. Wife also challenged the denial of spousal support. The court acknowledged the appropriateness of spousal support but failed to grant it. Husband, 53, is unemployed but previously earned a significant income, while wife, 38, has limited work experience and is pursuing further education with a low starting salary expectation. Given the marriage length, wife's absence from the workforce, and the income disparity, the court determined wife should receive indefinite spousal support of $200 per month, effective October 1, 1995. The judgment is remanded for modification, removing the previous paragraph and instituting the spousal support award, with no costs assigned to either party.