From Casetext: Smarter Legal Research

Bridges v. Bridges

Oregon Court of Appeals
Nov 5, 1973
515 P.2d 427 (Or. Ct. App. 1973)

Opinion

Submitted on appellant's brief October 18, 1973

Reversed November 5, 1973

Appeal from Circuit Court, Josephine County.

SAMUEL M. BOWE, Judge.

William M. Sloan, Grants Pass, and Johnson, Sloan Jordan, Grants Pass, for appellant.

No appearance for respondent.

Before SCHWAB, Chief Judge, and FOLEY and TANZER, Judges.


REVERSED.


Defendant wife appeals from an order of the circuit court modifying a decree of dissolution of marriage by deleting the provision for alimony.

The parties were married in 1949. In 1971, the parties signed a settlement agreement which contained a provision providing for the payment of $100 per month "as alimony and support." The dissolution decree provided for alimony payments in the sum of $100 per month.

The decree also contained provisions for child support in the amount provided for in the settlement agreement. Those provisions are not at issue here. We note, however, that at the dissolution hearing the plaintiff husband alleged that reasonable amounts for both alimony and child support were those amounts which the decree provided should be paid.

The bases of Mr. Bridges's motion to delete the alimony provision were that his income had decreased and that Mrs. Bridges had obtained employment. The record does not support these allegations. Mrs. Bridges was employed both at the time of the decree and the time of the modification hearing without any substantial change in income. Between the time of the decree and the time of the modification hearing Mr. Bridges's monthly earnings increased by $49 per month.

The real thrust of Mr. Bridges's argument was that the provisions of the divorce decree for alimony and child support imposed too great a financial burden upon him. If so, he should have appealed from the decree. A motion for modification is not an acceptable substitute for an appeal. Verburg v. Verburg, 8 Or. App. 524, 495 P.2d 35 (1972).

A party seeking a modification of a provision of a divorce decree relating to support must allege and prove some material change of circumstances subsequent to the decree. Watson v. Watson, 251 Or. 65, 67, 444 P.2d 476 (1968); Osterholme v. Osterholme, 13 Or. App. 73, 508 P.2d 824 (1973).

Reversed.


Summaries of

Bridges v. Bridges

Oregon Court of Appeals
Nov 5, 1973
515 P.2d 427 (Or. Ct. App. 1973)
Case details for

Bridges v. Bridges

Case Details

Full title:BRIDGES, Respondent, v. BRIDGES, Appellant

Court:Oregon Court of Appeals

Date published: Nov 5, 1973

Citations

515 P.2d 427 (Or. Ct. App. 1973)
515 P.2d 427

Citing Cases

The Dissolution of the Marriage of Frothingham

A party seeking a modification of a provision of a dissolution decree relating to support must allege and…

Matter of the Marriage of McDonnal

Slauson and Slauson, 29 Or. App. 177, 183, 562 P.2d 604 (1977). A modification proceeding is not a substitute…