Court of Appeals of Oregon, 1989

In re the Marriage of Wilson

In re the Marriage of Wilson
Court of Appeals of Oregon · Decided March 1, 1989 · Graber, Joseph, Rossman
95 Or. App. 437; 769 P.2d 244

In re the Marriage of Wilson

Opinion of the Court

PER CURIAM

Husband appeals from a dissolution judgment, raising four issues: (1) custody, (2) visitation, (3) attorney fees and (4) the tax exemption for the parties’ minor child. We agree with husband that the trial court erred in awarding wife attorney fees. There was no stipulation between the parties regarding fees, and wife presented no evidence. In those circumstances, attorney fees cannot be awarded. Whitlow and Whitlow, 79 Or App 555, 719 P2d 1308 (1986).

We affirm in all other respects.

Judgment modified to delete award of attorney fees; affirmed as modified. Costs to neither party.

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