In re the Marriage of Van Etten

Husband in this dissolution proceeding petitions for reconsideration of our decision in Van Etten and Van Etten, 158 Or App 122, 972 P2d 1213 (1999). We grant the petition, modify our former opinion, and reverse and remand for further proceedings.

On appeal, husband assigned error to the trial court’s use of the regular custody formula for setting child support, rather than the shared formula. In our original decision, we observed that the trial court was entitled to use the regular custody formula for setting the child support amount if, pursuant to OAR 137-050-0330(2)(b), the court made…