Wirth v. Wirth

ORS 107.105(1)(d)(C) sets forth a nonexclusive list of factors, including earning capacity, that the court considers when awarding spousal maintenance support. In “assessing earning capacity, the court considers a range of considerations other than actual current income.” Crump and Crump, 138 Or App 362, 366, 908 P2d 839 (1995).

Plaintiff appealed a judgment of dissolution of marriage. Plaintiff assigned error to the trial court’s determination of the spousal support award as being set too low. On appeal, Plaintiff argued the trial court erred for four reasons: (1) calculating husband’s income, (2) calculating wife’s income, (3) denying wife’s request for transitional spousal support, and (4) limiting the spousal support award to ten years. In response, Defendant argued the evidence established there were changes already occurring at his workplace that were reducing the amount of overtime available to him. ORS 107.105(1)(d)(C) sets forth a nonexclusive list of factors, including earning capacity, that the court considers when awarding spousal maintenance support. In “assessing earning capacity, the court considers a range of considerations other than actual current income.” Crump and Crump, 138 Or App 362, 366, 908 P2d 839 (1995). The Court rejected the Plaintiff’s arguments reasoning that there was sufficient evidence in the record to support the trial court’s determination of the spousal support award. Affirmed.