In re the Dissolution of the Marriage of Foreman

Court of Appeals of Oregon

In re the Dissolution of the Marriage of Foreman

562 P.2d 551, 29 Or. App. 29, 1977 Ore. App. LEXIS 2218

CourtCourt of Appeals of Oregon

DecidedApril 4, 1977

DocketNo. 422-396, CA 6834

StatusPublished

This text of 562 P.2d 551 (In re the Dissolution of the Marriage of Foreman) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Dissolution of the Marriage of Foreman, 562 P.2d 551, 29 Or. App. 29, 1977 Ore. App. LEXIS 2218 (Or. Ct. App. 1977).

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Opinion

JOHNSON, J.

The husband appeals the dissolution of marriage decree, in particular the award of the residence to the wife and attorney fees in the amount of $1,200. The parties are approximately the same age and had been married 24 years. They have a daughter 18 years of age who is a freshman in college. Both are employes of Pacific Northwest Bell. The husband’s annual salary is $19,421 and the wife’s $16,802. The trial court required both parties to contribute to the expense of the child’s education. The wife was awarded the residence having an assessed value of $36,170 subject to a mortgage of $18,372. The other property was divided approximately equally.

Considering the difference in income and income potential between the parties, the award of the residence to the wife appears to be reasonable.

The trial court reasoned that the husband should pay a portion of the wife’s attorney fees because of the difference in income and the excessive amount of legal work required as the result of the husband’s actions. In particular, the court referred to a contempt proceeding against the husband and the voluminous trial records. The trial court acknowledged that the wife had already received an award of $75 in attorney fees in the contempt proceeding, but was of the opinion that the $75 did not sufficiently reimburse her for the legal expenses in that proceeding. We are not left with a conviction that the trial court made a mistake. McCoy and McCoy, 28 Or App 919, 562 P2d 207, 29 Or App 287, 563 P2d 738 (1977).

Affirmed. No costs to either party.

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JOHNSON, J.

The husband appeals the dissolution of marriage decree, in particular the award of the residence to the wife and attorney fees in the amount of $1,200. The parties are approximately the same age and had been married 24 years. They have a daughter 18 years of age who is a freshman in college. Both are employes of Pacific Northwest Bell. The husband’s annual salary is $19,421 and the wife’s $16,802. The trial court required both parties to contribute to the expense of the child’s education. The wife was awarded the residence having an assessed value of $36,170 subject to a mortgage of $18,372. The other property was divided approximately equally.

Considering the difference in income and income potential between the parties, the award of the residence to the wife appears to be reasonable.

The trial court reasoned that the husband should pay a portion of the wife’s attorney fees because of the difference in income and the excessive amount of legal work required as the result of the husband’s actions. In particular, the court referred to a contempt proceeding against the husband and the voluminous trial records. The trial court acknowledged that the wife had already received an award of $75 in attorney fees in the contempt proceeding, but was of the opinion that the $75 did not sufficiently reimburse her for the legal expenses in that proceeding. We are not left with a conviction that the trial court made a mistake. McCoy and McCoy, 28 Or App 919, 562 P2d 207, 29 Or App 287, 563 P2d 738 (1977).

Affirmed. No costs to either party.

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562 P.2d 551, 29 Or. App. 29, 1977 Ore. App. LEXIS 2218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-dissolution-of-the-marriage-of-foreman-orctapp-1977.

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