In re the Dissolution of the Marriage of Miller

534 P.2d 512, 21 Or. App. 253, 1975 Ore. App. LEXIS 1362
CourtCourt of Appeals of Oregon
DecidedApril 28, 1975
DocketNo. 397-483
StatusPublished
Cited by7 cases

This text of 534 P.2d 512 (In re the Dissolution of the Marriage of Miller) 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 Miller, 534 P.2d 512, 21 Or. App. 253, 1975 Ore. App. LEXIS 1362 (Or. Ct. App. 1975).

Opinions

FOLEY, J.

This is a suit for dissolution of marriage brought by the husband. The wife appeals from the decree entered by the trial court. She asks that the husband be ordered to pay her costs and expenses of suit in addition to attorney fees, she asks that she be given a greater share of the property, and she asks that the marital support payments to her be increased.

At the time of the hearing in this case, the parties had been married nearly 21 years. The husband was 42 years old and the wife was 41 years old. The parties had three children: twin boys who were 20 years old and a daughter, Dorothy, who was 14 years of age. The husband is a licensed architect and is a partner in a three-member firm. During the years 1968-1973 his adjusted gross income fluctuated from a low of $20,042 in 1970 to a high of $38,579 in 1972. In 1973 [255]*255his adjusted gross income was $27,618. Due to economic conditions, the husband thought Ms 1974 income would be close to that of 1973. His average net monthly income for the 1968-1973 period approximates $1,900, although this figure varies greatly, and his monthly “draw” from his partnership is $1,575.

The wife did not begin worMng until March 1973, when she began teaching at a private school. During the 1973-74 school year her net pay was $372 a month. She has a contract for 1974-75 wMch provides for a gross income of $7,000 paid over 12 months. She does not have a college degree or a teaching certificate, but has established a personal program designed to accomplish her certification and to complete a masters degree by the end of the summer of 1976. By that time, according to current pay schedules, the wife hopes to achieve an annual gross income of approximately $9,800.

In its decree dissolving the marriage, the trial court placed the daughter in the custody of the wife, subject to reasonable visitation rights for the husband, and ordered the husband to pay $250 per month in child support. The wife was awarded $680 per month in marital support for the months of July, August and September 1974 (during which period she had no income) and $325 per month thereafter, continuing through and including the month of May 1977. The trial court also awarded the wife full interest in two trusts created for her by her relatives, wMch will pay about $4,000 a year upon the death of those relatives.

The trial court ordered the husband to pay each of the two sons $100 per month for his room and board, together with the actual cost of tuition and books, for his college education, through the month of February 1975, at which time the sons attained the age of 21 [256]*256years. The educational support for the two sons totals approximately $325 per month.

Although the trial court realized it had no authority to order the husband to continue educational support for the two sons beyond February 1975, OES 107.108, the trial court noted that it believed that the husband would voluntarily continue such payments after that date. It therefore considered such projected payments as part of the husband’s personal expenses projection. The wife claims that beginning in February 1975, the husband will have $325 more per month available because his legal obligation to support the sons in school will have terminated and that therefore the trial court should have awarded the wife a larger amount in marital support. We think that the husband’s projected expenditures on behalf of the sons, just like any other item of personal expense, can be considered on its merits.

The trial court ordered the husband to pay the outstanding obligations of the parties, which totaled over $2,400. The husband was also ordered to provide medical insurance benefits for the minor child, and he was ordered to pay attorney fees for the wife in the amount of $2,100.

A lot, located in Neskowin, and valued at $8,000 by both parties, was awarded to the husband.

The wife was awarded the parties’ home, subject to an obligation to pay the husband $8,000 on or before June 1, 1978. Said obligation was established as a judgment lien against the property until paid and the obligation shall bear interest at the rate of six percent per annum from and after June 1, 1978, or the happening of one of several events listed in the trial court’s decree. Since the home constituted the principal marital asset, it is this provision which seems to most disturb the wife. The wife contends that the [257]*257trial court over-valued the home and the property on which it is situated. Various estimates were presented regarding the value of the home and property. It is sufficient to note that we have reviewed the record and we are satisfied that the trial court correctly valued the home and land at approximately $60,000. Since the outstanding mortgage was approximately $34,400, the equity in the home and land was approximately $25,600.

There appears to be no significant disagreement as to the actual award of any particular items of personal property. Rather, the wife apparently disputes the value which the trial court attributed to the personal property and the over-all effect which this may have had on the property distribution. Having reviewed the record, we are satisfied that the trial court’s conclusions were correct.

From our review of the record in this case we are satisfied that the trial court made as fair a distribution of the property as possible. The considerations set forth in Kitson and Kitson, 17 Or App 648, 523 P2d 575, Sup Ct review denied (1974), were properly applied. Neither the husband nor the wife will be able to live in the style to which each was accustomed during the marriage, but this is merely the reflection of the fact that it costs more to run two households than one. We also agree with the trial court’s decision not to award costs and expenses of suit to the wife.

We note, however, that the trial court decree must be modified in one respect. The trial court ordered the husband to “maintain life insurance in a minimum amount of $50,000, designating his three children as irrevocable beneficiaries thereof.” A parent can be required to provide support and maintenance for his minor children, and the trial court is [258]*258given fairly broad discretion in determining the means of achieving this end. See OES 107.105.

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Bluebook (online)
534 P.2d 512, 21 Or. App. 253, 1975 Ore. App. LEXIS 1362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-dissolution-of-the-marriage-of-miller-orctapp-1975.