In the Matter of the Marriage of Jessica Ann SHEIL, Petitioner-Appellant, and Peter Murray SHEIL, Respondent-Respondent.
and Submitted April 19, 2016
County Circuit Court 060079D2, Benjamin M. Bloom, Judge.
Russell Lipetzky argued the cause and fled the briefs for
W. Kelly argued the cause and fled the brief for respondent.
Sercombe, Presiding Judge, and Tookey, Judge, and DeHoog,
appeals from a supplemental judgment modifying the
parties' stipulated judgment of dissolution to terminate
spousal support. Wife contends that the trial court erred in
failing to enforce a provision in the parties' stipulated
judgment stating that the spousal support obligation is
nonmodifiable. Husband responds that the trial court
correctly concluded that the provision is not enforceable
because it deprives the trial court of its authority to
modify spousal support awards.
The Court of Appeals declined to interpret the parties'
agreement as expressing an intention to deprive the trial
court of its authority to modify spousal support awards.
Rather, the court concluded, the parties expressed an
intention not to seek modification of spousal support. Under
ORS 107.104, the court was required to enforce the provision
and therefore erred in terminating husband's spousal
Or.App. 35] SERCOMBE, P. J.
appeals from a supplemental judgment of the trial court
modifying the parties' stipulated judgment of dissolution
to terminate spousal support. We conclude that the trial
court erred in terminating support in light of the
parties' agreement in the stipulated dissolution judgment
that the spousal support award was nonmodifiable. We
accordingly reverse the supplemental judgment.
parties' 18-year marriage was dissolved pursuant to a
stipulated judgment in 2005. At the time of dissolution,
husband was working for the United States Postal Service
earning $57, 802 per year. Wife was employed as a
receptionist, earning $15, 844 per year. The dissolution
judgment included an award to wife of $1, 500 monthly
maintenance spousal support. The judgment stated:
"[Wife] is entitled to maintenance spousal support in
the amount of $1, 500 per month from [husband] until [wife]
remarries or dies. This award of spousal support is
non-modifiable in consideration for other provisions in the
General Judgment which are stipulated to by the
judgment separately stated, "Payment [of spousal
support] shall not terminate or be modified until ...