In re the Marriage of Rae

I agree with the majority’s conclusions regarding child support and the date on which wife may execute the judgment against husband; however, I disagree with the decision to continue spousal support for wife. Although the majority states the correct test from Bates and Bates, 303 Or 40, 773 P2d 1363 (1987), it misapplies it and, therefore, reaches an incorrect result.

The initial spousal support award represented the trial court’s assessment of the amount and duration of support necessary to meet the considerations enumerated in ORS 107.105(d). Bates and Bates, supra, 303 Or at 45. Although no…