Skinner & Skinner
Annotate this CaseIn 2014, wife filed for dissolution of her marriage to husband. At the trial to divide the parties’ assets and establish support awards for both wife and a child, wife requested, in relevant part, $750 per month in transitional spousal support for 60 months and $750 per month in maintenance spousal support for an indeterminate period. The trial court entered a general judgment (the “original 2014 judgment”) awarding wife $750 per month in transitional spousal support for 60 months, to begin on the date of the 2014 judgment (May 1, 2014), and $500 per month in maintenance spousal support for an indefinite period to begin immediately after the transitional support ended (June 1,2019). Wife appealed, challenging both the monthly amount and the delayed commencement of the maintenance support. The Court of Appeals reversed and remanded, finding the trial court misapplied ORS 107.105(1)(d)(C) and thus incorrectly calculated wife’s maintenance support and postponed the maintenance support payments until after the transition support ended. On remand, the trial court increased the maintenance support award to $1,000 per month for 60 months, after which time the maintenance award would decrease to $750 per month. The issue this case presented for the Oregon Supreme Court’s review centered on whether interest accrued on the support payments that were increased retroactively following the husband’s appeal. The Court of Appeals held that the award of interest was improper. The Supreme Court concluded wife was entitled to statutory interest at nine percent per annum on the additional amount that the trial court added to the monthly support award in the original judgment, calculated from the dates that those payments would have been due. Accordingly, the Court reversed the Court of Appeals, affirmed in part and reversed in part the circuit court, and remanded this case to the circuit court for further proceedings.
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