MATTER OF THE MARRIAGE OF CUMMINGS, 56 Or. App. 145 (1982)

641 P.2d 90

In the Matter of the Marriage of CUMMINGS, Respondent, and CUMMINGS, Appellant.

No. 15-80-06162, CA A20398Oregon Court of Appeals.Argued and submitted July 10, 1981
Affirmed as modified March 1, 1982

Appeal from Circuit Court, Lane County.

F. Gordon Cottrell, Judge.

Robert L. Ackerman, Springfield, argued the cause for appellant. With him on the brief was Ackerman, DeWenter
Huntsberger, Springfield.

Merwin C. Logan and Wurtz, Logan Logan, Springfield, filed the brief for respondent.

Before Buttler, Presiding Judge, Joseph, Chief Judge, and Warren, Judge.

PER CURIAM.

Affirmed as modified to delete the award of retroactive spousal support. No costs to either party.

Page 146

PER CURIAM.

Husband appeals from a dissolution decree whereby wife was awarded $50 per month permanent spousal support and $300 retroactive spousal support. Temporary spousal support (ORS 107.095(1)(a)) had not been awarded.

We have considered husband’s contention that permanent spousal support was inappropriate and conclude that the trial court did not err. The award of retroactive spousal support must be deleted, however. Olson and Olson, 52 Or. App. 695, 698-699, 629 P.2d 834 (1981).

Affirmed as modified to delete the award of retroactive spousal support. No costs to either party.

Page 147

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