Legal Question in Family Law in Oregon

Re: Attorney's fees for future custody proceedings

This is a typical provision in an order or settlement document.

Yes, ask for it.

Attorney's fees for future custody proceedings: Oregon law.

Short answser to your question: NO.

Explanation:

Under Oregon domestic relations law, ORS 107.135, the judge in a post-judgment custody or visitation modification proceeding has authority to award a judgment for attorney fees against EITHER party and in favor of the other (even against the party who prevailed). But for the statute (ORS 107.135), the court would not have authority to make any attorney fee award at all.

The authority of the court to award attorney fees is derived from the enactments of the Legislature, not from the consent of the litigants. Thus, under Oregon law, the parties to the case may not by agreement deprive the court of its statutory authority (nor can the parties by agreement expand the court's statutory authority).

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-226-1321

E-mail: [email protected]