In re the Marriage of Hill
This text of 683 P.2d 566 (In re the Marriage of Hill) 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.
Opinion
Wife appeals from the decree of dissolution and contests the property division and the amount of spousal support. We find no reason to disturb that decree. After the notice of appeal was filed, the trial court awarded temporary support pending the appeal, ORS 107.105(4),1 and ordered that
“* * * [i]n the event the decree is affirmed on appeal, that the Decree is modified to exclude the spousal support of $400.00 for a period of two months * *
Wife also appeals from that order and argues that the trial court lacked jurisdiction to modify the decree after the notice of appeal is filed. ORS 19.033(1). We agree. Even though that portion of the order awarding temporary spousal support is not reviewable on appeal, it was not permissible to modify the decree. Accordingly, that portion of the order modifying spousal support “if the decree is affirmed” is void. See Nickerson and Nickerson, 296 Or 516, 521-23, 678 P2d 730 (1984).
Affirmed in part; order modifying decree is vacated. Costs to wife.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
683 P.2d 566, 68 Or. App. 920, 1984 Ore. App. LEXIS 3669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-hill-orctapp-1984.