State v. Miller

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 09-12-2018
  • Case #: A160983
  • Judge(s)/Court Below: Armstrong, P.J. for the Court; Shorr, J.; & Wilson, S.J.
  • Full Text Opinion

Under ORS 25.110, a circuit court may enforce compliance of a support order from another county upon the motion of a party. “’Certified copies of the files, records, and prepared transcripts of testimony in the original proceeding [must] be transmitted to the clerk of the circuit court of any county in the state in which the obligee or obligor resides, or in which property the obligor is located.” Once those certified copies have been transmitted to the circuit court, the court has jurisdiction to compel compliance. ORS 25.110.

Defendant appealed his contempt case stemming from his failure to pay child support. Defendant assigned error to the trial court’s denial of Defendant’s motion to dismiss. On appeal, Defendant argued that the trial court did not have subject-matter jurisdiction over his contempt proceeding because there was no evidence that his support order transferred to Multnomah County in compliance with Oregon’s transfer statute. In response, the State argued that they sent Defendant a notice of intent to transfer enforcement of the support order from Clackamas County Circuit Court to Multnomah County Circuit Court and that later that month, they had notified Defendant that the case had been transferred and provided Defendant with a copy of the packet that was filed with the court when the case transferred. Under ORS 25.110, a circuit court may enforce compliance of a support order from another county upon the motion of a party. “’Certified copies of the files, records, and prepared transcripts of testimony in the original proceeding [must] be transmitted to the clerk of the circuit court of any county in the state in which the obligee or obligor resides, or in which property the obligor is located.” Once those certified copies transmit to the circuit court, the court has jurisdiction to compel compliance. ORS 25.110. The Court held that there was evidence of transfer on April 2012 through a notice of intent that the Child Support Division was transferring the order from Clackamas County to Multnomah County. Affirmed.

Advanced Search


Back to Top