Wilkins and Wilkins

ORS 107.105(1)(d) provides that the trial court "shall designate one or more categories of spousal support and shall make findings of the relevant factors in the decision.” The factors for the court to consider include but are not limited to health and age of the parties; the standard living established during the marriage; work skills and experience of the parties; and any other factors that the court deems just and equitable. ORS 105(a)(d)(C). 

Husband appealed a judgment of dissolution of marriage from the trial court and challenged the property division and the amount of spousal support.  At the trial court, the court awarded a spousal support award to the wife based on the husband's total earnings--not excluding work expenses--and based on her current low income and maintenance support.  ORS 107.105(1)(d) provides that the trial court "shall designate one or more categories of spousal support and shall make findings of the relevant factors in the decision.” The factors for the court to consider include but are not limited to health and age of the parties; the standard living established during the marriage; work skills and experience of the parties; and any other factors that the court deems just and equitable. ORS 105(a)(d)(C).  The Court of Appeals held that the relative earning capacity and inclusion of employment-related expenses as income was inappropriately calculated by the trial court and remanded for consideration.  The court reasoned that the discretion relied on by the trial court was based on a finding that the record did not support and the work-related expenses were evidenced in the record as not an expense that was reimbursed and offset by per diem payments as to warrant their inclusion as income.  General judgment reversed and remanded for reconsideration of spousal support award; otherwise affirmed.