Sorenson v. Baker
Sorenson v. Baker
Opinion of the Court
The State of Oregon Department of Human Resources seeks review of the trial court’s sua sponte modification of respondent’s child support obligations in a proceeding for remedial contempt of court for nonpayment of child support. We reverse and remand for resolution of the civil contempt of court proceedings under ORS 33.015 through ORS 33.135.
The state sought a civil contempt of court judgment against respondent for allegedly wilfully failing to pay child support pursuant to a 1995 support order. That order required respondent to pay $163 per month and was later modified to $234 per month. The state alleged that respondent was $6,242 in arrears under that order. The trial court did not decide the contempt issue but, instead, elected to modify the support order, holding that respondent was $2,000 in arrears and requiring respondent to pay $25 a month in support and $25 a month toward the arrearage until satisfied. The state objected to such modification, arguing that respondent had not filed a motion to modify the order as required under ORS 416.425, ORS 107.135(6), or ORS 107.431.
It is not clear under which statute the trial court modified the support order,
Reversed and remanded.
We do not comment on whether any of the cited statutory provisions would, in fact, warrant or allow the kind of modification ordered in this case.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.