Court of Appeals of Oregon, 1982

In re the Marriage of Goss

In re the Marriage of Goss
Court of Appeals of Oregon · Decided June 16, 1982 · Buttler, Joseph, Richardson, Thornton
57 Or. App. 836; 646 P.2d 111; 1982 Ore. App. LEXIS 3550

In re the Marriage of Goss

Opinion of the Court

PER CURIAM

On de novo review, the decision of the trial court is affirmed in all respects. Pullen and Pullen, 38 Or App 137, 589 P2d 1145, rev den 286 Or 449 (1979); McCoy and McCoy, 28 Or App 919, 562 P2d 207, clarified 29 Or App 287, 563 P2d 738 (1977). See also Haguewood and Haguewood, 292 Or 197, 638 P2d 1135 (1981).

Dissenting Opinion

THORNTON, J.,

dissenting.

Contrary to the majority, my review of this record persuades me that payment of $1,800 per month spousal support plus $700 per month in child support, a total of $2,500, is not equitable when compared to husband’s average monthly income. I believe the majority opinion is based on an erroneous impression of the size of husband’s business. According to the evidence, husband’s primary income source is as a manufacturer’s representative selling parts to Tektronix. The second source is a computerized bookkeeping service for two small travel agencies. The third is rendering computer management consulting services to another firm.

Under the formula applied by the trial court and approved by the majority wife would receive $1800 per month from husband for her spousal support (plus $700 for the children); husband would then have $900 per month for his living expenses. I do not believe that to be equitable and therefore respectfully dissent.

Joseph, C.J., and Richardson and Buttler, JJ., join in this dissent.

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