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Oregon Court of Appeals


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Cortese and Cortese

Summarized by: 

Date Filed: 12-26-2013
Case #: A147560
Ortega, P.J. for the Court; Sercombe, J.; and Hadlock, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A147560.pdf

Family Law: A court may award transitional spousal support based on an earning capacity that is greater than actual income when there is sufficient evidence in the record supporting the increase.

Husband appealed the judgments of dissolution, which awarded spousal support. Husband's parents also appealed the judgment challenging the award, which gave certain personal property to Wife. The trial court awarded transitional spousal support to Wife based on Husband's potential earning capacity. Husband argued on appeal that the transitional spousal support award was based on a finding that the record did not support. The Court held that the trial court did not err because there was sufficient evidence in the record to support an earning capacity, which was greater than Husband’s actual income. Additionally, the trial court did not err in the award of personal property to Wife because Husband’s parents were on notice that the property was subject to the jurisdiction of the trial court. Affirmed.