Johnson and Johnson

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 03-16-2016
  • Case #: A153575
  • Judge(s)/Court Below: Ortega, P.J. for the Court; DeVore, J.; & Garrett, J.
  • Full Text Opinion

Under ORS 107.105(1)(d)(A) , transitional spousal support is typically awarded for education or training to prepare the supported spouse to enter the job market; because this type of support is awarded for a specific purpose, its duration must correspond to the timeframe of that specific purpose.

Husband appealed a general judgment of dissolution, asserting assignments of error contending the trial court erred by awarding Wife indefinite transitional and maintenance support and by denying his motion to supplement the record regarding division of property. The trial court awarded Wife $500 in indefinite transitional spousal support and $2,000 in indefinite maintenance support, finding, based on testimony by a vocational expert, Wife’s income would be zero for a period of time while she gained skills and education to transition back into the workforce. The Court held the trial court did not err in awarding transitional support because Wife expressed a willingness to follow the vocational expert’s recommendations for becoming gainfully employed and the court ordered Wife to make reasonable efforts to follow the recommendations. The Court held the trial court erred in awarding an indefinite spousal support award, however, because the court had a timeframe supplied by the vocational expert in which Wife would be able to become employed. Finally, the Court held the trial court did not err when it denied Husband’s motion to supplement the record, but found the trial court had failed to follow the three-step process for making a “just and proper” property division outlined in Kunze and Kunze, 337 Or 122 (2004). Transitional support award reversed and remanded; property division vacated and remanded; otherwise affirmed.

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