Hendrix v. Hendrix

Oregon Supreme Court

Hendrix v. Hendrix

423 P.2d 774, 246 Or. 51, 1967 Ore. LEXIS 540

CourtOregon Supreme Court

DecidedFebruary 15, 1967

StatusPublished

Cited by6 cases

This text of 423 P.2d 774 (Hendrix v. Hendrix) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hendrix v. Hendrix, 423 P.2d 774, 246 Or. 51, 1967 Ore. LEXIS 540 (Or. 1967).

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Opinion

PER CURIAM.

The plaintiff was granted a divorce in Benton county, on April 24, 1959, was awarded custody of the *52 three minor children of the parties, and defendant was required to pay $120 per month for the support of each of the minor children so long as they continued to reside with their mother. The defendant thereafter filed in the lower court two motions, one to terminate the payment required for the support of his son, Carl, and the other to terminate the payment required for his daughter, Carol. Both motions were based on the fact that the children were working full time at gainful employment. Both children continued to live with their mother and neither child contributed anything for board or lodging. The lower court denied both motions, and the defendant appeals.

In considering an application to modify an award for child support, as in making the award originally, it is proper to consider the social standing, comforts and luxuries of life which the wife and her children would probably have enjoyed but for the divorce. Smith v. Smith, 212 Or 654, 320 P2d 1111 (1958).

The trial court concluded that there had not been a sufficient change in the circumstances of the parties since the entry of the divorce decree to warrant a modification of the decree as requested by defendant.

We agree with the trial court, and its order is affirmed.

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PER CURIAM.

The plaintiff was granted a divorce in Benton county, on April 24, 1959, was awarded custody of the *52 three minor children of the parties, and defendant was required to pay $120 per month for the support of each of the minor children so long as they continued to reside with their mother. The defendant thereafter filed in the lower court two motions, one to terminate the payment required for the support of his son, Carl, and the other to terminate the payment required for his daughter, Carol. Both motions were based on the fact that the children were working full time at gainful employment. Both children continued to live with their mother and neither child contributed anything for board or lodging. The lower court denied both motions, and the defendant appeals.

In considering an application to modify an award for child support, as in making the award originally, it is proper to consider the social standing, comforts and luxuries of life which the wife and her children would probably have enjoyed but for the divorce. Smith v. Smith, 212 Or 654, 320 P2d 1111 (1958).

The trial court concluded that there had not been a sufficient change in the circumstances of the parties since the entry of the divorce decree to warrant a modification of the decree as requested by defendant.

We agree with the trial court, and its order is affirmed.

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Bluebook (online)

423 P.2d 774, 246 Or. 51, 1967 Ore. LEXIS 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hendrix-v-hendrix-or-1967.

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