In re the Marriage of Kime
In re the Marriage of Kime
Opinion of the Court
Husband appeals from an order of the trial court modifying the support provision of a dissolution of marriage decree.
The parties were divorced in 1973. They have one child. Under the original decree, entered in King County, Washington,
Wife sold the house in 1978 and paid the mortgage balance from the proceeds of the sale. She brought this action, asking that the court accelerate husband’s mortgage payments, modify the decree to increase the support payment to $1,000 per month and allocate the payments to child support.
The trial court increased the support awarded to $794 per month. It allocated $440 to child support and $354 to spousal support. The court determined that the $97.24 mortgage payment was intended to be spousal support, declined to accelerate the payments and included it (rounded off to $97) in the support award.
On appeal, husband challenges the trial court’s increase of the support award by more than $100, the specific allocation of support between child support and spousal support of the previously undifferentiated award and the determination that the mortgage payment was intended to be spousal support rather than a property division.
We have reviewed the record and conclude that the trial court acted within its authority in increasing and allocating the support award and that the trial court’s actions were appropriate in the circumstances.
In making its support award, the trial court specifically included the mortgage payment as part of the spousal support. Because we have determined that wife will receive $97.24 as part of the property division, we reduce her spousal support award by $97 to $257 per month.
The award of child support is affirmed. Spousal support is modified to $257 per month, and the award of $97.24 as part of the property division is reinstated. No costs to either party.
Oregon courts have jurisdiction in this case because wife is an Oregon resident.
Wife does not cross-appeal from the trial court’s denial of her motion to accelerate the payments; therefore, we need not address that issue.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.