# In re the Marriage of Hutchinson

> Court of Appeals of Oregon · May 22, 2003 · 187 Or. App. 733

URL: https://www.frixlaw.com/law-library/cases/6945081

## Case

- **Full name:** In the Matter of the Marriage of Gretchen D. HUTCHINSON, nka Gretchen Delius, and Robert B. HUTCHINSON, II
- **Court:** Court of Appeals of Oregon
- **Decided:** May 22, 2003
- **Citations:** 187 Or. App. 733; 69 P.3d 815; 2003 Ore. App. LEXIS 659
- **Precedential status:** Published
- **Opinion:** Concurrence by Armstrong
- **Judges:** Armstrong, Brewer, Deits, Edmonds, Haselton, Kistler, Landau, Linder, Schuman, Wollheim
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6945081

## How later opinions describe it (automated extraction)

- holding that an agreement for spousal support modification could not provide for retroactive modification to a date before the filing of the husband’s motion, where the applicable statute expressly forbade modification of support that had already accrued

## Opinion text

ARMSTRONG, J.,
concurring.
I agree with the majority except for its conclusion that the court lacked authority to enforce the parties’ marital settlement agreement to the extent that it authorized the court to modify a spousal support award retroactively. On that issue, I agree with Judge Edmonds’ analysis of the relevant legal principles. I am persuaded, however, that the parties’ agreement does not, in fact, authorize the court to modify wife’s spousal support award for a period earlier than the date on which husband moved to modify the award. I therefore concur in the majority’s disposition of husband’s request to make the change in wife’s award retroactive to December 1, 2000.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6945081. Public record. Not legal advice.