In re the Marriage of Hutchinson

I agree with the majority opinion in all respects except with its holding that the parties’ agreement that accrued spousal support can be retroactively modified to December 1, 2000, conflicts with ORS 107.135(6) and therefore is unenforceable.

ORS 107.135(6) provides, in pertinent part,

“[T]he court does not have the power to set aside, alter or modify such decree, or any portion thereof, that provides for any payment of money, either for minor children or the support of a party, that has accrued prior to the filing of such motion.”

The parties’ agreement provides that

“[i]f Husband fails to…