State ex rel. Bigley v. Bigley
State ex rel. Bigley v. Bigley
Opinion of the Court
On April 23, 1973 defendant was found guilty of contempt of court by reason of wilful failure to pay for two children $150 per month support previously ordered in a divorce ease, and was sentenced to six months in jail. He took no appeal, but on June 11, 1973 was paroled from the bench to the Corrections Division on condition that he pay the child support previously ordered. ORS 137.520 (5).
The divorce decree and child support order is dated March 11,. 1971. Since then, the record shows that in April 1971, March 1972 and April 1973 defendant had been ordered to show cause why he should not be held in contempt, and warrants, for arrest had issued for him on account of his almost total failure to
Defendant testified variously that from June until he quit his job in November he was paid $250 every two weeks, “* * * over 200 bucks at least, 198. I don’t know really how much it was * * and that most of the time he worked nine hours per day, six days per week at $3.86 per hour.
The trial court found that
“* * * during a major portion of the time ** * he had the ability to substantially comply * * *.
* # [DJefendant has been wilful in such failure * *
Defendant quit his job on account of “nervousness” in November 1973. In December, after spending-some time at the corner tavern having “two beers,” he accompanied a companion to a house where they kicked a Mr. Huff’s door down, resulting in Mr. Huff’s getting “huffy” and shooting defendant and as a result he could not work for several months. He has been going to the Vocational Rehabilitation Division since. Defendant contends these things should excuse him. They do not. He clearly violated the terms of his parole before they happened, and even if they could— by stretching one’s credulity—be considered an excuse, they come too late.
Affirmed.
ORS 137.520 provides:
“(1) The committing magistrate may establish rules and regulations under which any prisoner who is confined in any county jail for any period under six months may be allowed to go upon parolé outside the county jail, but to remain while on parole in the legal custody and under the control of the court,. and subject to being taken back into confinement at the discretion of the court.
“(5) The committing magistrate may parole to the Corrections Division any person sentenced to be confined in the county jail for a period of six months or more.”
If the latter “estimate” of earnings, which is probably the most accurate of the several he gave, is true, from June to November 1973 defendant was earning around $875 per month (without overtime calculation) before deductions. He testified that he gave his paycheck to his new wife, who put it with her ADC grant, and she paid their expenses. It is hard to see how it was overly burdensome during this period of time for him to make the $150 per month support payments, particularly when he knew failure to do so would invoke the remainder of his jail term.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.