In re Marriage of Tucker
In re Marriage of Tucker
Opinion of the Court
Wife appeals a judgment of contempt for her violation of an order that was based on the property distribution contained in a dissolution decree
As part of the property distribution, wife was awarded the Pine Cone Tavern, subject to a lien for $25,000 in favor of husband, which was to be paid should the property be sold. In 1983, wife leased the business with an option to purchase.
Wife assigns error to the trial court’s denial of her motion to dismiss the contempt proceeding. First, she argues, the court had no authority to enforce the lien in the decree, because it expired, with the decree, 10 years after entry of the dissolution decree. See ORS 107.126; ORS 18.360. Second, the decree required her to pay money other than for support and, therefore, ORCP 78C bars the court from finding her in contempt for failing to pay.
Neither party apparently realizes that a judgment of contempt cannot be attacked on the ground that the initial decree or underlying order was erroneous. State ex rel Mix v. Newland, 277 Or 191, 560 P2d 255 (1977). If wife’s arguments are intended to challenge the validity of the 1989 order, they are irrelevant because, even if that order was erroneous, a question we cannot now decide, the proper remedy would have been a direct appeal, or a mandamus proceeding, not
Affirmed.
Although, under ORCP, dissolution of marriage is now accomplished by a judgment rather than by a decree, we use “decree” to distinguish between the dissolution judgment and the contempt judgment.
The parties do not dispute that that transaction was a sale within the meaning of the decree.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.