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IN MATTER OF MARRIAGE OF SMITH

No. 26329; CA 16507.

613 P.2d 1112 (1980)

47 Or.App. 257

In the matter of the MARRIAGE OF Judy K. SMITH, Respondent, and James J.M. Smith, Appellant.

Court of Appeals of Oregon.

Decided July 21, 1980.

Attorney(s) appearing for the Case

Scott McArthur, Monmouth, argued the cause for appellant. With him on the brief was McArthur & Jennings, P.C., Monmouth.

Kenneth E. Shetterly, Dallas, argued the cause for respondent. With him on the brief were Mark K. Irick, and Hayter, Shetterly & Weiser, Dallas.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

JOSEPH, Presiding Judge.

The trial court entered a decree providing in part:

"(3) The Respondent shall pay the sum of $180.00 per month per child, making an aggregate payment of $360.00 per month on account of the care, support, nurture and education of said minor children when he is employed, commencing with the first such payment on the 10th day of November, 1979 and continuing with a like payment on the 10th day of each and every month thereafter, except...

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