Matter of Marriage of Wiesner

787 P.2d 896, 100 Or. App. 651, 1990 Ore. App. LEXIS 193

• Court: Court of Appeals of Oregon
• Decided: March 7, 1990
• Docket: D8702-61171; CA A49119
• Status: Published

Opinion

PER CURIAM

In this dissolution proceeding, husband appeals the award of $300 per month support for each of the parties’ two children. 1 The parties share joint physical and legal custody. The children spend approximately equal amounts of time in each parent’s home. Husband contends that, applying the guidelines of Smith v. Smith, 290 Or 675, 626 P2d 342 (1981), as adapted in Belt and Belt, 65 Or App 606, 672 P2d 1205 (1983), his total monthly obligation should be $177.42.

We have examined the claimed expenses of the children in each home. On de novo review, and taking into consideration the relationship of each parent’s income to their combined incomes and the needs of the children, we conclude that husband should pay $250 per month per child.

Judgment modified to reduce husband’s support obligation to $250 per month per child; affirmed as modified. No costs to either party.

1 We do not apply the new support guidelines, Or Laws 1989, ch 811, §§ 1-5; OAR 137-50-320 to OAR 137-50-490, on efe novo review of a support award entered before October 3,1989. Butcher and Butcher, 100 Or App 476, 786 P2d 1293.