In re the Marriage of Mohr

Court of Appeals of Oregon

In re the Marriage of Mohr

770 P.2d 616, 95 Or. App. 758

CourtCourt of Appeals of Oregon

DecidedMarch 22, 1989

DocketCV 88-0006; CA A49198

StatusPublished

This text of 770 P.2d 616 (In re the Marriage of Mohr) 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 Mohr, 770 P.2d 616, 95 Or. App. 758 (Or. Ct. App. 1989).

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Opinion

PER CURIAM

Wife appeals from a judgment of dissolution, contending that the trial court erred in its award of child custody, the family residence, and child and spousal support and in failing to award attorney fees to wife. On de novo review, we modify the child support award.

Husband’s disposable income is $1,730 per month. The trial court awarded wife spousal support of $150 per month for 36 months. Husband was awarded custody of the parties’ two minor children. Their needs are $800 per month. The trial court awarded child support payable by wife of $260 per month. Wife’s disposable monthly income is $890 per month. After receiving spousal support and paying child support, she would have $780 per month to live on. In contrast, husband has $1,040 per month after the needs of the children are met. While both parents have a duty to support their children, they should leave this 22-year marriage with comparable standards of living. Pierce and Pierce, 70 Or App 24, 28, 688 P2d 114 (1984). Accordingly, we modify the amount of child support wife must pay to $65 per month per child.¹

Judgment modified to fix child support at $65 per month per child; affirmed as modified. Costs to wife.

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PER CURIAM

Wife appeals from a judgment of dissolution, contending that the trial court erred in its award of child custody, the family residence, and child and spousal support and in failing to award attorney fees to wife. On de novo review, we modify the child support award.

Husband’s disposable income is $1,730 per month. The trial court awarded wife spousal support of $150 per month for 36 months. Husband was awarded custody of the parties’ two minor children. Their needs are $800 per month. The trial court awarded child support payable by wife of $260 per month. Wife’s disposable monthly income is $890 per month. After receiving spousal support and paying child support, she would have $780 per month to live on. In contrast, husband has $1,040 per month after the needs of the children are met. While both parents have a duty to support their children, they should leave this 22-year marriage with comparable standards of living. Pierce and Pierce, 70 Or App 24, 28, 688 P2d 114 (1984). Accordingly, we modify the amount of child support wife must pay to $65 per month per child.¹

Judgment modified to fix child support at $65 per month per child; affirmed as modified. Costs to wife.

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770 P.2d 616, 95 Or. App. 758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-mohr-orctapp-1989.

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