In re the Marriage of Morrison

910 P.2d 1176, 139 Or. App. 137, 1996 Ore. App. LEXIS 194
CourtCourt of Appeals of Oregon
DecidedFebruary 14, 1996
Docket9010-68379; CA A86412
StatusPublished
Cited by4 cases

This text of 910 P.2d 1176 (In re the Marriage of Morrison) 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 Morrison, 910 P.2d 1176, 139 Or. App. 137, 1996 Ore. App. LEXIS 194 (Or. Ct. App. 1996).

Opinion

EDMONDS, P. J.

Husband appeals from the trial court’s denial of his motion to modify the parties’judgment of dissolution of marriage. He argues that the court erred in refusing to terminate or reduce his spousal support obligation under the judgment and in not requiring wife to compensate him for certain medical expenses that he incurred on behalf of their children. He also appeals from the trial court’s award of attorney fees to wife. We review de novo, ORS 19.125(3), and terminate the spousal support obligation.

Husband and wife’s 22-year marriage was dissolved in September 1993. At that time, wife was employed part time earning about $7,000 per year. Pursuant to a marital settlement agreement incorporated into the judgment of dissolution, husband is required to pay wife $1,500 per month as “permanent spousal support” for the first two years, and $1,000 per month thereafter. The settlement agreement also provides that the support obligation will terminate “upon the death or remarriage of wife.” The agreement makes no other provision for termination of spousal support.

In September 1994, a hearing was held on husband’s motion to modify the judgment. At the hearing, husband elicited evidence that wife had become romantically involved with Gary Neal in October 1992, after the parties had separated but before their dissolution was final. Except for a three-month hiatus, wife and Neal’s relationship had continued up to the time of the hearing. Neal is a senior account manager for a certified public accounting firm. At the time of the hearing, he was obligated to pay spousal and child support to his former wife.

Wife has been cohabiting with Neal since October 1993, when she sold for $285,000 the family home that she had been awarded by the dissolution judgment.1 Wife and Neal then bought a residence as cotenants for $350,000 and moved into it. Wife provided the entire down payment of $212,000 for the purchase and makes all of the payments on the unpaid balance of the loan out of her personal account. [140]*140Neal owns a 24-percent interest in the property and, according to his testimony, will share in 24 percent of the appreciation of the property in the event it is sold. He testified that the title company determined the amount of his interest in the home. He said he assumes that the 24-percent interest represents the consideration for assuming coresponsibility for the loan on the house, since wife would have been unable to procure a loan without his becoming a coobligor. Neal earns approximately $54,000 per year and gives wife $800 per month for his “room and board.”

Wife now works 30 to 40 hours a week and earns about $13,000 a year from her employment. She also receives about $12,000 per year in income from other real estate that she owns, and $3,700 per year from interest income. Wife and Neal have separate checking accounts and have not otherwise commingled their finances. However, wife permitted Neal to report as a deduction on his 1993 tax return all of the real estate taxes and interest payments she paid in 1993. They also have drafted wills that benefit each other.2 According to wife’s uniform support affidavit, the household expenses, excluding the direct expenses for the parties’ children, exceed $2,600.

In December 1993, wife received a diamond sapphire ring from Neal that he purchased for approximately $2,000. Although wife denies being “engaged to be married” to Neal,3 the evidence suggests otherwise. At the hearing, one witness testified that she saw wife at a Christmas party in December 1993. Wife was wearing the ring at the party and displaying it to the people at the party. The witness testified that “it was understood [from what wife said at the party] that they had — that [wife] had received an engagement ring and she was engaged.” When asked if there was discussion about a date for the marriage, the witness said, [141]*141“Well, it was — I think we did ask them that, and the response was that there was no date set.”

At the hearing, wife testified in response to husband’s counsel’s examination.

“Q. Are you engaged to Mr. Neal?
“A. Not engaged to be married.
“Q. Are you engaged in any fashion to Mr. Neal?
“A. I am committed to a monogamous relationship with Mr. Neal.
“Q. Have you told friends and family that you are engaged to Mr. Neal?
“A. I might have used the word ‘engaged.’
******
“Q. Your ring finger. You wear it [the ring] on that finger?
“A. Sometimes I wear it on my left hand, sometimes I wear it on my right hand.
“Q. Have you told other friends and family that you were engaged?
“A. I’ve told people that I’ve got a ring. I’ve showed it, and I might have used the words ‘engaged,’ but not engaged to be married.
“Q. What does the ring signify to you?
“A. That — like I said, that we have made a commitment to each other, and we wanted our children to know that we were committed to each other.
******
“Q. Have you had discussions with Mr. Neal about getting married?
“A. Yes.
“Q. And have you brought up to him in those discussions your concern about the spousal support being terminated if you remarried?
“A. Not concern, but I have — talked about that it would be terminated, but not concerned. That’s not our concern if we get married.
«íjí 5}C i{i >]i
[142]*142“Q. There’s no plans to end your living arrangement with Mr. Neal?
“A. No.
“Q. No plans to end your commitment to Mr. Neal? Your monogamous commitment?
“A. No.”

Wife also offered testimony that she suffers from emotional difficulties and therefore is not ready for a marital relationship yet.

When Neal was asked about the nature of his relationship with wife, he testified:

“Q. All right. Did you and [wife] attend one or more Christmas parties last Christmas?
“A. Yes.
“Q. At the time of those parties, at one or more of those parties, did you or [wife] indicate that you were engaged?
«* * * * *
“A. Yes.
“Q. Was [wife] wearing the ring that you had bought for her?
* * * *
“A. Yes.
“Q. Was she showing the ring to people there at the time that she indicated that you were engaged?
“A. Yes.
“Q. Are you and [wife] engaged to be married?
“A. We’re engaged.
“Q.

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Related

In Re the Marriage of Uhde
175 P.3d 511 (Court of Appeals of Oregon, 2007)
In Re the Marriage of Boni
145 P.3d 331 (Court of Appeals of Oregon, 2006)
Gordon v. Gordon
675 A.2d 540 (Court of Appeals of Maryland, 1996)
In re the Marriage of Ganger & Little
911 P.2d 1276 (Court of Appeals of Oregon, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
910 P.2d 1176, 139 Or. App. 137, 1996 Ore. App. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-morrison-orctapp-1996.