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Jacobson

April 23, 1973

JACOBSON, RESPONDENT, AND JACOBSON, APPELLANT


Appeal from Circuit Court, Linn County. Wendell H. Tompkins, Judge.

J. W. Walton, Corvallis, argued the cause for appellant. On the brief were Ringo, Walton, McClain & Eves, Corvallis.

Timothy Ryan, Albany, argued the cause for respondent. On the brief were Goode, Goode, Decker & Hinson, Albany.

Fort, Judge. Schwab, Chief Judge, and Thornton, Judge.

Fort

The trial court entered its decree declaring the marriage dissolved because of irreconcilable differences, awarded support of $300 a month for three years to the wife, and divided the property, awarding the home, the principal asset, to the wife. The parties were married in 1945. Their three children were emancipated. The appeal relates solely to the amount of support money awarded.

The wife contends three years' support at $300 per month is insufficient in view of the husband's admitted current earnings, exceeding $20,000 annually, from selling insurance and from a bail bond business interest. The mortgage payments on the home are about $117 a month. Its balance is $11,500. It is undisputed that the original family home was hers, a gift from her parents. While she concedes she is capable of earning at least $250 a month and has made as much as $600 monthly at short term employment, she urges that $300 a month for three years is insufficient. We agree.

We note that under ORS 107.135 (1) (a), the trial court has authority to "[s]et aside, alter or modify" a support provision made in favor of a party. Thus, the propriety of any support order must be examined primarily in the light of the conditions existing at the time the decree is entered.

ORS 107.105 (1) (c) directs us in awarding support to "consider the following matters:"

"(A) The duration of the marriage;

"(B) The ages of the parties;

"(C) Their health and conditions;

"(D) Their work experience and earning ...


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