Opinion
90-08-33591; CA A68880
Argued and submitted November 15, 1991
Judgment modified and affirmed as modified May 13, 1992
Appeal from Circuit Court, Union County.
Ronald D. Schenck, Judge.
Bruce E. Anderson, La Grande, argued the cause and filed the brief for appellant.
David C. Baum, La Grande, argued the cause and filed the brief for respondent.
Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.
PER CURIAM
Judgment modified to provide that $400 per month spousal support to begin in sixth year be permanent; affirmed as modified. Costs to wife.
Wife challenges the spousal support provisions of a dissolution judgment, contending that they are inadequate in duration. Husband was ordered to pay spousal support of $1,100 per month for two and one-half years, then $700 per month for two and one-half years and then $400 per month for five years. Wife argues that, under the criteria in ORS 107.105(1)(d), the court should have awarded her permanent spousal support. We agree. On de novo review, we conclude that the trial court should have made the stepped-down $400 per month spousal support award permanent.
Judgment modified to provide that $400 per month spousal support to begin in sixth year be permanent; affirmed as modified. Costs to wife.