In re Marriage of Meyer

Full title: In the Matter of the MARRIAGE OF Norman E. MEYER, Appellant, and Margaret…

Court: Court of Appeals of Oregon

Date published: Apr 27, 1981

51 Or. App. 871 (Or. Ct. App. 1981)

51 Or. App. 871

Opinion

627 P.2d 42 (Or.App. 1981) 51 Or.App. 871 In the Matter of the MARRIAGE OF Norman E. MEYER, Appellant, and Margaret Ann Meyer, Respondent. No. 395-951; CA 18671. Court of Appeals of Oregon. April 27, 1981

       Argued and Submitted Jan. 19, 1981.

       J. Bradford Shiley, Portland, argued the cause and filed the brief for appellant.

       No appearance for respondent.

       Before RICHARDSON, P. J., and THORNTON and VAN HOOMISSEN, JJ.

       PER CURIAM.

       Father appeals an order modifying the decree of dissolution by increasing child support from $90 per month to $200 per month. In Smith v. Smith, 290 Or. 675, 626 P.2d 342 (1981), the Supreme Court set out a formula for use in determining an appropriate amount of child support to be paid by the noncustodial parent. That case involved determination of child support in an original decree. We conclude the same formula is applicable in modifying child support provisions of a decree.

       The record made in the trial court does not contain sufficient information to apply the formula of Smith v. Smith, supra. We therefore remand for further proceedings and a determination of child support based on the criteria set forth in Smith v. Smith, supra.

       Remanded for further proceedings. No costs to either party.