- Court: Oregon Court of Appeals
- Area(s) of Law: Family Law
- Date Filed: 12-16-2015
- Case #: A157678
- Judge(s)/Court Below: DeVore, J. for the Court; Duncan, P.J.; & Flynn, J.
- Full Text Opinion
Wife appealed the trial court's dismissal of her motion to modify a judgment of dissolution of marriage. Mother filed the motion attempting to modify the child support award for an adult child with mental disabilities. The trial court held that it lacked personal jurisdiction over Father. At the time of the dissolution of marriage, Father's only source of income was Social Security Disability, and he was required to pay $100 in child support. Later, Father moved to Nebraska and found a job. Mother sought to modify the child support award, and filed her motion under ORS 109.010, the trial court dismissed the action, holding that it was deprived of personal jurisdiction when Father moved to Nebraska. Mother appealed, and the Court examined the narrow issue of whether a trial court retains personal jurisdiction over an out-of-state individual in a motion that is captioned in relation to a dissolution judgment, and held that a trial court does retain personal jurisdiction in such proceedings. The Court did not address whether the motion was proper under ORS 109.010. Reversed and remanded.