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Matter of the Marriage of Schmidt

Oregon Court of Appeals
Aug 17, 1977
567 P.2d 621 (Or. Ct. App. 1977)

Opinion

No. 74-1675, CA 7222

Argued July 19, 1977

Affirmed August 17, 1977

Appeal from Circuit Court, Lane County.

J. R. Campbell, Judge.

John W. Billington, Eugene, argued the cause for appellant. With him on the brief was Billington, Scott Houghton, Eugene.

Joyce Holmes Benjamin, Eugene, argued the cause for respondent. With her on the brief was Johnson, Harrang Mercer, Eugene.


Before Schwab, C. J., and Lee and Tanzer, Judges.

PER CURIAM.

Affirmed. No costs to either party.


In this dissolution-of-marriage proceeding the decree entered in June of 1975 ordered the father to pay $100 per month support for each of five children, and $100 per month for three years as spousal support. About a year later the father, contending a change of circumstances, moved to modify by deleting the spousal support and reducing the amount of child support by half. The trial court denied the motion, saying in effect that while there had undoubtedly been some change of circumstances they were of the father's own making. We find that the conditions which the father alleges constitute a change of circumstances were contemplated at the time of the entry of the original decree, and that there is no equitable basis for modification.

Affirmed. No costs to either party.


Summaries of

Matter of the Marriage of Schmidt

Oregon Court of Appeals
Aug 17, 1977
567 P.2d 621 (Or. Ct. App. 1977)
Case details for

Matter of the Marriage of Schmidt

Case Details

Full title:In the Matter of the Marriage of SCHMIDT, Respondent, and SCHMIDT…

Court:Oregon Court of Appeals

Date published: Aug 17, 1977

Citations

567 P.2d 621 (Or. Ct. App. 1977)
567 P.2d 621