In re the Marriage of Frishkoff

610 P.2d 831, 45 Or. App. 1033, 1980 Ore. App. LEXIS 2636
CourtCourt of Appeals of Oregon
DecidedApril 21, 1980
DocketNo. 78-3350, CA 14919
StatusPublished
Cited by34 cases

This text of 610 P.2d 831 (In re the Marriage of Frishkoff) 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 Marriage of Frishkoff, 610 P.2d 831, 45 Or. App. 1033, 1980 Ore. App. LEXIS 2636 (Or. Ct. App. 1980).

Opinion

GILLETTE, J.

Husband appeals from those portions of a decree of dissolution of marriage concerning the amount and duration of spousal support payments and an award of a $100,000 lump sum payment to wife as part of the property distribution. Wife cross-appeals from the denial of attorney fees. We modify the amount of spousal support payments, but otherwise affirm.

The parties were married 8 1/2 years. They have two children, one of whom was a child of the wife’s first marriage who was adopted by husband.

Wife is a part-time librarian in a local elementary school. Her net pay at the time of trial was $370 a month. She has a masters degree in library science plus some additional courses. Currently she is certified to be a librarian for all grades through high school but, by 1981, she will need her standard teaching certificate. Apparently, she will receive that upon completion of a course she is now taking.

Wife testified that she would like to obtain full time employment but that opportunities are limited. Her job is secure for the coming year but she expressed some concern about its future since her position depends on the yearly school budget. She also indicated that she would be qualified to teach high school English if she took three more courses but that jobs in that field are also limited.

At the time of the parties’ marriage, wife was pursuing a master’s degree in English. She claims to have dropped out at her husband’s urging to stay home and be a housewife. Husband testified that she quit because she could not take a seminar she wanted. Shortly after leaving her studies they had a child. Some time later, wife resumed her schooling, part time, concentrating on library science.

Wife brought no assets to the marriage. Her education was obtained by assistance from her husband. She [1036]*1036concluded that, during the course of the marriage she contributed between $5,000 and $6,000 in earnings. At the time of trial, she had $870 in savings and $55 in a checking account, accumulated since the parties’ separation. She also owned a horse, which a friend was in the process of selling for her. Her only other substantial possession was a 1977 Audi which cost $8,000 new. The house was in the husband’s name.

Wife estimated her monthly expenses to be $1,326. She submitted the following:

Household:
Cleaning and Supplies 48.00
Utilities 110.00
Mortgage 150.00
Taxes 125.00
Insurance 50.00
TOTAL HOUSEHOLD $483.00
Food 275.00
Medical 26.00
Clothes 145.00
Car 112.00
Educational 25.00
Professional 56.00
Entertainment 105.00
Miscellaneous 155.00
TOTAL $1326.00

Wife admitted the household expenses were estimates because husband always paid them. Wife also indicated that the entertainment category and part of the miscellaneous was put in by someone in her attorney’s office. She testified that, since the parties’ separation she felt she was not living in the style to which she had been accustomed.

Husband is an associate professor of accounting at the University of Oregon. He testified that he expected his income for 1978 to be about $35,000. Previous years’ adjusted gross incomes were: 1975 - $31,248; 1976 - $36,237; 1977 - $38,711. During the course of the marriage, he concluded that he earned about $150,000. His net pay1 is about $1100 a month and he [1037]*1037estimated his expenses to be between $800 and $1100 a month.

Husband’s assets consist of an $800 checking account and savings accounts totalling $250,000. He stated that these savings were mostly from gifts and inheritances acquired from the estate of his father, who died in 1965. He owns stock totalling $50,000. He also has an interest in various family partnerships acquired in 1964. They were identified as a New Jersey partnership (undeveloped land) and a New York partnership (an apartment building). He has a capital account of $10,000 in both, not accounting for appreciation and depreciation since acquisition. A third venture, a California partnership, owns nothing at the present time but, shortly before the trial of this case, had sold a parcel of land. Husband’s share of the proceeds was $98,806. Husband testified that during the marriage he did not expend any energies on developing these assets or exercise control over them. He stated that the family lived off his salary and that he tapped these assets only infrequently.

During the marriage husband’s funds were increased by a $3000 a year gift from his mother and, after separation, the proceeds from the California sale. He also acquired a partnership interest in a parcel of land in Bandon, Oregon. Husband has a retirement plan of $22,000, not cashable for at least 25 years, a $100,000 life insurance policy with no cash surrender value; and a $2,000 note receivable with interest.

Husband owns a 1979 automobile he paid cash for. He valued the family home at $105,000 with the outstanding mortgage being $15,000. (Wife valued it at $100,000.) The household furnishings were valued by him at $15,000, a piano at $5,000. (Wife did not know their worth.) The couple has no outstanding obligations.

[1038]*1038Husband submitted the following evaluation:

Family Partnerships 1969 Present
California 36,000 0
New York 10,000 10,000
New Jersey 1,500 1,500
Stocks 101,437 50,000
Cash 81,094 260,000
Automobiles 4,000 12,000
Retirement Program 3,000 22,000
Accounts Payable - Taxes (25,000)
Loan Receivable 2,000
B andón Property 10,000
Furnishings 15,000
Piano 5,000
Home 90,000
TOTAL $237,031 $452,500

Husband estimated, that during the course of the marriage, there was a $144,000 increase in his separate assets.

Husband testified that he was willing to let wife have the house until the children were grown, she moved or some other arrangement was made. He did not expect to receive a share of the home until that time. He expressed no interest in the household furnishings except for two paintings given to the parties by his mother. He indicated that, besides child support of $250 a month per child, he would be willing to give his wife a monthly sum for the house for the next year or two. He stated that he was willing to maintain his university medical insurance for the children, assumed wife would maintain dental insurance available through her job, and that he would assist in paying any uninsured medical-dental expenses.

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Bluebook (online)
610 P.2d 831, 45 Or. App. 1033, 1980 Ore. App. LEXIS 2636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-frishkoff-orctapp-1980.