On-line instruments designed for Oregon residents can assist estimate spousal help, usually referred to as spousal upkeep in Oregon. These sources usually require customers to enter monetary info, comparable to earnings, property, and the size of the wedding, to generate an estimated cost vary. An instance can be coming into particulars about every partner’s gross month-to-month earnings and the length of the wedding to obtain an estimated month-to-month help quantity.
Such sources provide priceless insights into potential spousal help obligations and might help people in getting ready for divorce proceedings or mediation. Understanding potential monetary implications early within the course of permits for extra knowledgeable decision-making and might facilitate productive negotiations. Traditionally, figuring out spousal help concerned vital guesswork and reliance on anecdotal proof. These instruments provide larger transparency and entry to info, empowering people navigating the complexities of divorce.
This text will additional discover the elements thought-about in Oregon spousal help calculations, together with earnings disparity, incomes capability, and the contributions of every partner through the marriage. It can additionally deal with the authorized framework surrounding spousal help in Oregon and the way these calculations align with state tips.
1. Earnings Disparity
Earnings disparity between spouses performs an important position in Oregon spousal help calculations. A big distinction in earnings usually signifies an imbalance in monetary energy, doubtlessly justifying spousal help. Calculations think about the higher-earning partner’s means to pay and the lower-earning partner’s want for help to keep up an inexpensive lifestyle established through the marriage. For instance, if one partner earned considerably extra all through the wedding whereas the opposite centered on childcare or family tasks, the court docket could order spousal help to handle the ensuing monetary disparity.
The diploma of earnings disparity instantly influences the quantity and length of spousal help. A bigger hole usually results in greater funds, doubtlessly for an extended interval. This acknowledges {that a} substantial earnings distinction could require extra time and sources for the lower-earning partner to turn out to be self-sufficient. Moreover, courts could think about way of life elements established through the marriage when evaluating the influence of earnings disparity. If a pair maintained a excessive lifestyle on account of one partner’s considerably greater earnings, the court docket may award help that enables the opposite partner to keep up a comparable, albeit doubtlessly adjusted, lifestyle.
Understanding the influence of earnings disparity on spousal help calculations offers priceless context for negotiations and authorized proceedings. Whereas spousal help calculators can provide preliminary estimates, consulting with a authorized skilled is important. Attorneys can present tailor-made recommendation based mostly on particular circumstances and present authorized precedents, guaranteeing correct and knowledgeable selections. Precisely assessing earnings disparity is prime to a good and equitable final result in spousal help determinations.
2. Size of Marriage
Length of marriage is a crucial consider Oregon spousal help calculations. On-line instruments, also known as “alimony calculators,” incorporate this knowledge to estimate potential help obligations. The size of the wedding influences each the length and quantity of spousal help, reflecting the premise that longer marriages usually create larger interdependence and monetary entanglement between spouses.
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Quick-Time period Marriages
Marriages usually thought-about short-term, usually outlined as lower than ten years, could lead to restricted or no spousal help in Oregon. The rationale is that shorter unions typically contain much less monetary intertwining and a decrease expectation of long-term help. Nonetheless, particular circumstances, such because the presence of youngsters or a major disparity in incomes potential, can affect outcomes even in shorter marriages.
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Mid-Size Marriages
Marriages lasting between ten and twenty years usually fall right into a mid-range class. In these instances, spousal help could also be awarded for a interval proportionate to the size of the wedding, permitting the recipient time to turn out to be self-sufficient. Components comparable to contributions to the wedding, together with childcare or profession sacrifices, are weighed alongside the length of the union.
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Lengthy-Time period Marriages
Marriages exceeding twenty years are typically labeled as long-term. In these conditions, spousal help could also be awarded for an prolonged interval, typically indefinitely, notably if one partner considerably sacrificed profession alternatives for the good thing about the household. The rationale is that a long time of shared funds and intertwined lives usually create a better diploma of monetary dependence.
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Transitional Assist
Whatever the marriage’s size, transitional help could also be awarded to facilitate a partner’s re-entry into the workforce or pursuit of additional training. This help is designed to bridge the hole between the top of the wedding and the recipient’s achievement of monetary independence, acknowledging that even shorter marriages can disrupt profession trajectories and incomes potential.
Understanding how the size of the wedding impacts spousal help calculations in Oregon permits for a extra life like evaluation of potential obligations. Whereas on-line sources provide preliminary estimates, authorized counsel is important for correct and customized recommendation. Authorized professionals think about particular person circumstances along side state tips to find out acceptable help preparations, acknowledging the complicated interaction between marital length and monetary interdependence.
3. Incomes Capability
Incomes capability, a crucial aspect in Oregon spousal help determinations, represents the potential of a person to earn earnings, regardless of present earnings. Oregon courts look at incomes capability when calculating spousal help, notably when a partner’s present earnings does not precisely mirror their potential. That is particularly related when a partner has voluntarily diminished earnings, taken a lower-paying job, or remained unemployed. For example, a doctor who chooses to work part-time after divorce may nonetheless be assessed based mostly on their potential full-time earnings. Equally, a partner who left the workforce to boost kids could also be evaluated based mostly on their prior profession expertise and training stage. On-line sources, whereas useful for normal estimates, usually lack the nuance to handle incomes capability comprehensively.
The disparity between precise earnings and incomes capability considerably influences spousal help outcomes. If a court docket determines a partner is voluntarily underemployed, it may impute earnings, successfully assigning an earnings stage based mostly on incomes potential. This imputed earnings is then utilized in spousal help calculations, doubtlessly resulting in greater help obligations than if precise earnings had been thought-about. For instance, if an skilled software program engineer takes a minimum-wage job after divorce, the court docket could impute earnings based mostly on their prior earnings within the tech trade. This protects the supported partner from undue monetary hardship attributable to the opposite partner’s voluntary underemployment. Understanding the implications of incomes capability is important for correct estimations and authorized preparedness.
Precisely assessing incomes capability requires an intensive evaluation of training, work historical past, abilities, and market circumstances. Authorized professionals make use of skilled witnesses, comparable to vocational evaluators, to supply goal assessments of incomes potential. These evaluations think about trade requirements, job market developments, and particular person {qualifications} to find out a sensible incomes capability. This nuanced strategy ensures spousal help calculations mirror a good and equitable evaluation of every partner’s monetary capabilities. Whereas on-line instruments present a primary framework, they can not exchange the experience wanted to evaluate incomes capability successfully. Consulting with authorized counsel is paramount to navigate these complicated calculations and shield one’s monetary pursuits throughout divorce proceedings.
4. Spousal Contributions
Spousal contributions, encompassing each monetary and non-financial contributions through the marriage, considerably affect spousal help calculations in Oregon. Whereas on-line instruments, typically known as “alimony calculators,” usually focus totally on earnings, Oregon legislation acknowledges the worth of non-financial contributions, comparable to homemaking, childcare, and supporting a partner’s profession development. This broader perspective ensures that contributions past direct monetary earnings are thought-about when figuring out spousal help. For instance, a partner who primarily managed the family and cared for kids, enabling the opposite partner to concentrate on constructing a profitable profession, made substantial contributions, although not mirrored in conventional earnings figures. These contributions are factored into spousal help selections, acknowledging their essential position within the household’s general well-being and monetary success.
The burden assigned to spousal contributions relies on the specifics of every case. An extended-term marriage the place one partner persistently prioritized household tasks over private profession improvement may lead to a better spousal help award. This acknowledges the long-term influence of such sacrifices on incomes potential and monetary independence. Conversely, a shorter marriage with extra balanced contributions may result in a special final result. For example, a partner who labored part-time whereas additionally managing family tasks could obtain a special stage of help in comparison with a partner who didn’t work exterior the house. Analyzing the sort, length, and influence of spousal contributions is essential for correct help calculations. Authorized professionals specialise in presenting this multifaceted info successfully inside the authorized framework.
Understanding the nuanced position of spousal contributions is essential for navigating Oregon’s spousal help system. Whereas on-line sources can present preliminary estimates, they usually lack the sophistication to completely seize the complexities of non-financial contributions. Consulting with a authorized skilled ensures that each one types of contributions are appropriately introduced and regarded throughout negotiations and authorized proceedings. This complete strategy safeguards towards overlooking the numerous worth of non-monetary contributions, selling truthful and equitable outcomes in spousal help determinations.
5. Tax Implications
Tax implications characterize an important facet of spousal help, usually ignored when utilizing on-line estimation instruments, typically known as “alimony calculators,” in Oregon. Understanding the tax remedy of spousal help is important for correct monetary planning and knowledgeable decision-making throughout divorce proceedings. The tax code considerably impacts the precise quantity obtained and paid, making it important to include tax concerns into any spousal help calculation or negotiation.
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Deductibility for the Payor
For divorce or separation agreements executed earlier than January 1, 2019, spousal help funds are typically tax-deductible for the payor. This reduces the payor’s taxable earnings, successfully lessening the general price of spousal help. For instance, a payor in a better tax bracket may even see a considerable discount of their tax burden. Nonetheless, for agreements executed after this date, the funds are not deductible, rising the general price for the payor and doubtlessly impacting negotiations.
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Taxability for the Recipient
Conversely, spousal help funds obtained below pre-2019 agreements are typically thought-about taxable earnings for the recipient. This will increase the recipient’s taxable earnings and may place them in a better tax bracket. For example, a recipient who was beforehand in a decrease tax bracket may expertise a better tax legal responsibility on account of spousal help funds. Nonetheless, for agreements executed after 2018, spousal help is not thought-about taxable earnings, benefitting the recipient.
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Influence on General Funds
The mixed impact of deductibility for the payor (pre-2019 agreements) and taxability for the recipient (pre-2019 agreements) considerably influences the web quantity of help exchanged. Failing to account for these tax implications can result in inaccurate estimations and monetary surprises. For example, a calculated help quantity based mostly solely on earnings may not mirror the precise funds accessible to the recipient after taxes. Subsequently, incorporating tax implications is important for life like monetary planning.
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Significance of Authorized Counsel
Navigating the complicated panorama of spousal help tax implications necessitates skilled steering. Tax legal guidelines are intricate and topic to vary, making reliance on on-line instruments alone inadequate. Consulting with a professional authorized skilled or tax advisor is important for guaranteeing compliance with present rules and optimizing tax methods. Authorized counsel can tailor recommendation to particular person circumstances, contemplating the particular phrases of the divorce or separation settlement and relevant tax legal guidelines. This ensures a complete strategy that integrates monetary planning with authorized methods.
Understanding and incorporating these tax implications into spousal help calculations is essential for knowledgeable decision-making. Whereas on-line sources present a place to begin, they usually can not deal with the nuanced and infrequently complicated interaction of tax legal guidelines with spousal help preparations. Authorized counsel offers important steering for navigating these complexities and optimizing monetary outcomes inside the authorized framework. This holistic strategy ensures that calculations mirror the true monetary implications of spousal help, selling knowledgeable negotiations and equitable outcomes.
6. Authorized Pointers
Oregon spousal help calculations adhere to particular authorized tips established by state statutes and case legislation. Whereas on-line sources, also known as “alimony calculators,” can present preliminary estimates, they can not substitute for an intensive understanding of those authorized frameworks. Authorized tips be sure that spousal help determinations are per state coverage, selling equity and predictability in divorce proceedings. These tips present a structured strategy to assessing related elements, guaranteeing consistency and objectivity in spousal help selections.
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Statutory Components
Oregon statutes define particular elements courts should think about when figuring out spousal help. These embrace the size of the wedding, every partner’s contribution to the wedding, incomes capability, and monetary sources. For instance, an extended marriage could warrant an extended length or greater quantity of help. Understanding these statutory elements is essential for correct calculations and knowledgeable authorized methods. These elements present a authorized framework for evaluating every partner’s monetary circumstances and contributions, selling equitable outcomes.
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Case Legislation Precedents
Judicial precedents established by case legislation additional refine the interpretation and utility of statutory elements. Courtroom selections present particular examples of how these elements are weighed and utilized in numerous circumstances. For instance, a case involving a partner who sacrificed profession alternatives for household tasks may affect how related conditions are dealt with in future instances. Analyzing related case legislation provides priceless insights into how Oregon courts strategy spousal help determinations, informing each estimations and authorized arguments.
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Deviation from Pointers
Whereas authorized tips present a framework, Oregon courts have the discretion to deviate from them below particular circumstances. Justifications for deviation should be documented and supported by proof. For example, a partner’s sudden sickness or incapacity may warrant a departure from customary tips. This flexibility ensures that spousal help orders can adapt to distinctive and unexpected circumstances, selling equity and addressing particular person wants. Understanding the potential for deviation permits for a extra nuanced strategy to spousal help calculations and negotiations.
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Position of Authorized Counsel
Navigating the complexities of Oregon’s authorized tips for spousal help requires skilled steering. Authorized professionals possess in-depth information of related statutes and case legislation, enabling them to precisely assess particular person circumstances and develop efficient authorized methods. Attorneys present essential help in deciphering tips, presenting related proof, and advocating for truthful and acceptable spousal help outcomes. Their experience is important for aligning estimations with authorized realities and guaranteeing that calculations mirror a sound understanding of Oregon legislation.
Integrating these authorized tips into estimations generated by on-line instruments offers a extra life like and legally sound evaluation of potential spousal help obligations in Oregon. Whereas on-line sources provide a handy place to begin, consulting with a authorized skilled is paramount for correct and customized recommendation. Authorized experience ensures that estimations align with authorized precedents, maximizing the effectiveness of negotiations and defending particular person rights all through the divorce course of. A complete understanding of each on-line instruments and the governing authorized framework empowers people to navigate spousal help proceedings with confidence and readability.
7. On-line Assets
On-line sources play a major position in offering preliminary estimations for spousal help in Oregon. Sometimes called “alimony calculators,” these instruments provide a readily accessible place to begin for people navigating divorce or separation. Whereas such sources provide priceless preliminary insights, they need to be seen as a place to begin relatively than a definitive calculation. The complexity of Oregon’s spousal help legal guidelines necessitates a deeper understanding than these simplified instruments can present.
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Accessibility and Comfort
On-line sources provide fast entry to info and estimated calculations, offering comfort for people searching for preliminary insights into potential spousal help obligations. This ease of entry permits people to discover potential situations and acquire a normal understanding of related elements. Nonetheless, the comfort mustn’t overshadow the necessity for skilled authorized recommendation, as these instruments can not deal with particular person circumstances totally.
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Enter Parameters and Limitations
Oregon spousal help calculations contain quite a few elements, together with earnings, size of marriage, contributions of every partner, and incomes capability. On-line sources usually require customers to enter these parameters to generate an estimate. Nonetheless, these instruments usually simplify complicated authorized ideas and will not totally seize the nuances of particular person instances. For instance, a web-based calculator could not adequately account for a partner’s non-financial contributions, comparable to childcare or homemaking. This limitation underscores the significance of supplementing on-line estimates with skilled authorized counsel.
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Interpretation of Outcomes
Decoding the outcomes from on-line sources requires warning and a sensible understanding of their limitations. These instruments provide estimates, not legally binding determinations. Relying solely on on-line calculations can result in unrealistic expectations and doubtlessly hinder productive negotiations. For instance, a web-based calculator may generate a selected month-to-month cost quantity, however the precise court-ordered quantity may differ considerably based mostly on elements not totally thought-about by the software. Skilled authorized recommendation offers the context and experience essential to interpret on-line estimates precisely.
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Integration with Authorized Counsel
Whereas on-line sources present a preliminary overview, integrating these instruments with skilled authorized counsel is important for a complete understanding of Oregon spousal help. Attorneys use their experience to investigate particular person circumstances, apply related authorized precedents, and advocate for truthful and acceptable outcomes. On-line sources can complement this skilled steering, providing a place to begin for discussions and monetary planning. This built-in strategy ensures that preliminary estimates are refined and aligned with the complexities of Oregon legislation.
Using on-line sources successfully entails recognizing their position as preliminary instruments inside a broader authorized context. These sources can provoke monetary discussions and supply a primary understanding of potential spousal help concerns. Nonetheless, their inherent limitations necessitate skilled authorized steering to precisely interpret outcomes and develop sound authorized methods. Integrating on-line sources with skilled counsel ensures that spousal help calculations are grounded in authorized realities, selling knowledgeable selections and equitable outcomes in Oregon divorce proceedings.
Continuously Requested Questions on Spousal Assist in Oregon
This part addresses frequent questions concerning spousal help, usually referred to as spousal upkeep in Oregon, offering readability on calculations and authorized concerns. Whereas on-line instruments provide preliminary estimates, consulting authorized counsel is essential for customized recommendation.
Query 1: How is the length of spousal help decided in Oregon?
The length of spousal help, or spousal upkeep, in Oregon relies on a number of elements, together with the size of the wedding. Typically, longer marriages could lead to longer durations of help. Quick-term marriages (usually below 10 years) may contain restricted or no help, whereas long-term marriages (over 20 years) may result in indefinite help. Mid-range marriages often lead to help proportionate to the size of the union. Transitional help, centered on attaining self-sufficiency, could be awarded no matter marital length.
Query 2: What position does incomes capability play in Oregon spousal help calculations?
Incomes capability, or the potential to earn earnings, is an important consider Oregon. Even when a partner is at present unemployed or underemployed, the court docket can think about their potential earnings based mostly on training, work historical past, and abilities. This prevents people from artificially lowering earnings to decrease help obligations. If a court docket determines voluntary underemployment, it may impute earnings based mostly on incomes potential, influencing help calculations considerably.
Query 3: Are non-financial contributions to the wedding thought-about in Oregon?
Sure, Oregon legislation acknowledges each monetary and non-financial contributions. Non-financial contributions, comparable to childcare, homemaking, and supporting a partner’s profession, are valued and regarded in spousal help determinations. This ensures that contributions past conventional earnings are acknowledged, particularly in instances the place one partner primarily centered on home tasks. These contributions are factored into selections, recognizing their substantial influence on household well-being.
Query 4: How do taxes have an effect on spousal help funds in Oregon?
For divorce or separation agreements executed earlier than January 1, 2019, spousal help is mostly tax-deductible for the payor and regarded taxable earnings for the recipient. Nonetheless, agreements executed after this date comply with completely different guidelines. Submit-2018, spousal help funds will not be deductible for the payor and will not be thought-about taxable earnings for the recipient. These tax implications considerably influence precise quantities obtained and paid, requiring cautious consideration throughout monetary planning.
Query 5: Can Oregon courts deviate from customary spousal help tips?
Sure, Oregon courts possess the discretion to deviate from customary tips if circumstances warrant. Deviations require documented justification and supporting proof, comparable to sudden sickness, incapacity, or different vital modifications in circumstances. This flexibility permits for individualized outcomes tailor-made to particular wants, guaranteeing equity and responsiveness to distinctive conditions.
Query 6: What are the constraints of on-line spousal help calculators in Oregon?
On-line spousal help calculators present preliminary estimates however shouldn’t be thought-about definitive calculations. These instruments usually simplify complicated authorized ideas and will not totally account for particular person circumstances, comparable to non-financial contributions or distinctive monetary conditions. Relying solely on on-line calculators can result in inaccurate expectations. Consulting with a authorized skilled is important for customized steering and correct assessments based mostly on Oregon legislation.
Whereas on-line sources provide a preliminary overview, authorized counsel is indispensable for navigating the complexities of spousal help in Oregon. Consulting an legal professional ensures correct calculations, acceptable authorized methods, and safety of particular person rights.
The following part will delve into methods for negotiating spousal help agreements successfully.
Methods for Negotiating Spousal Assist Agreements
Negotiating spousal help agreements requires cautious consideration of assorted elements and potential outcomes. These methods provide priceless insights into attaining mutually agreeable options, fostering productive discussions, and minimizing battle.
Tip 1: Collect Complete Monetary Documentation:
Assembling detailed monetary information, together with tax returns, pay stubs, financial institution statements, and asset valuations, offers a transparent and correct image of every partner’s monetary scenario. This transparency fosters belief and facilitates knowledgeable decision-making throughout negotiations. Full monetary disclosure is important for equitable outcomes.
Tip 2: Perceive Oregon’s Authorized Framework:
Familiarization with Oregon’s spousal help tips, together with related statutes and case legislation, equips people with the information needed for efficient negotiation. Understanding authorized precedents and elements thought-about by courts permits for life like expectations and knowledgeable discussions.
Tip 3: Take into account Mediation as a Price-Efficient Different:
Mediation provides a collaborative, much less adversarial strategy in comparison with conventional litigation. A impartial third occasion facilitates communication, serving to spouses attain mutually agreeable options. Mediation could be considerably cheaper and fewer time-consuming than court docket proceedings. It usually fosters a extra cooperative surroundings, selling amicable resolutions.
Tip 4: Discover Totally different Assist Buildings:
Varied help constructions exist, together with lump-sum funds, periodic funds, and rehabilitative help. Understanding the benefits and drawbacks of every construction permits for tailor-made options that meet particular person wants. Flexibility in exploring these choices can result in extra artistic and mutually helpful agreements.
Tip 5: Deal with Lengthy-Time period Monetary Stability:
Negotiations ought to prioritize long-term monetary stability for each events. Agreements selling self-sufficiency and minimizing ongoing monetary entanglement usually result in extra sustainable outcomes. Contemplating future monetary wants and planning for long-term safety advantages each spouses.
Tip 6: Seek the advice of with Skilled Authorized Counsel:
Authorized professionals present invaluable steering all through the negotiation course of. Attorneys provide experience in Oregon legislation, negotiation ways, and authorized documentation. Looking for authorized counsel safeguards particular person pursuits and ensures agreements adjust to authorized necessities. Authorized illustration offers essential help and protects one’s rights throughout negotiations.
Tip 7: Preserve Respectful Communication:
Open and respectful communication fosters a productive negotiation surroundings. Clearly articulating wants and actively listening to the opposite partner’s perspective promotes understanding and facilitates compromise. Respectful communication enhances the chance of reaching mutually agreeable options.
Using these methods can considerably enhance the negotiation course of, resulting in extra equitable and sustainable spousal help agreements. These approaches promote collaboration, knowledgeable decision-making, and long-term monetary stability for each events.
This info offers a framework for efficient negotiation, paving the way in which for mutually agreeable options. The concluding part will summarize key takeaways and underscore the significance of knowledgeable decision-making in spousal help issues.
Conclusion
Exploring the panorama of spousal help in Oregon requires a complete understanding of assorted elements, together with on-line sources, authorized tips, and negotiation methods. Whereas on-line instruments, also known as “alimony calculators,” provide a handy place to begin for estimating potential help obligations, they can not exchange the experience of authorized professionals. Oregon legislation emphasizes a nuanced strategy to spousal help, contemplating elements comparable to earnings disparity, size of marriage, incomes capability, and non-financial contributions. Tax implications, usually ignored, considerably influence the precise quantities obtained and paid. Authorized tips, established by statutes and case legislation, present a framework for spousal help determinations, selling equity and consistency. Efficient negotiation methods, coupled with skilled authorized counsel, empower people to achieve mutually agreeable and sustainable options.
Knowledgeable decision-making is paramount when navigating the complexities of spousal help in Oregon. Understanding the interaction between on-line sources, authorized frameworks, and negotiation methods equips people with the information needed to guard their monetary pursuits and obtain equitable outcomes. Looking for steering from skilled authorized professionals ensures that selections align with Oregon legislation, selling long-term monetary stability and amicable resolutions. This proactive strategy fosters knowledgeable selections, paving the way in which for safe monetary futures.
