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Langnese

April 16, 1973

LANGNESE, RESPONDENT, AND LANGNESE, APPELLANT


Appeal from Circuit Court, Multnomah County. Richard J. Burke, Judge. No. 375 028.

George P. Haley, Portland, argued the cause and filed the briefs for appellant.

Jack D. Howe, Portland, argued the cause and filed the brief for respondent.

Foley, Judge. Schwab, Chief Judge, and Thornton, Judge.

Foley

In this dissolution of marriage case the only issues involve property distribution and support. The parties are in their late forties and have been married

24 years. We have reviewed the property division and provision allowing petitioner-wife three years' alimony at $50 per month. We conclude that these provisions, when all circumstances are considered, are fair.

However, as part of the decree, the court awarded $125 per month to petitioner-wife as support for the minor child, then 19, for "* * * as long as said child lives with the Petitioner, but not beyond said child's 23rd birthday." Respondent-husband contends that this order is erroneous insofar as it requires him to support the child past the age of majority. We agree.

ORS 107.105(1) provides in pertinent part as follows:

"Whenever a marriage is declared void or dissolved, the court has power further to decree as follows:

"(a) For the future care and custody of the minor children of the marriage as it may deem just and proper. * * *

"* * *"

This statute is new, having been created by the 1971 legislature, and it has not been the subject of judicial interpretation. However, it is not significantly different from former statutes which have been interpreted, and ...


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