Legal Question in Family Law in Oregon

Contempt of court for non payment of child support

I am having to appear in court to prove why I should not be held in contempt of court for not paying child support. I am a stay at home mom of twins and have not job, my husband is the wage earner and will not allow me to work intil the twins are in full time school, and it has to be a decent paying job. I have had NO means to pay the support ordered. I am starting college this year to get my RN license. What options to I have and what is the Oregon law regarding the inderect contempt of non payment of child support when the defendant had no means or ability to comply with the original order? My son is 19 now and living on his own with a full time job, if I could pay the back child support how do I make sure he gets it and not his father? His father has moved and did not notify the courts of his moving.


Asked on 8/26/06, 2:59 pm

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Contempt of court for non payment of child support

QUESTION:

What options to I have?

ANSWER:

Option # 1 is to hire a lawyer who understands and is experenced with the law of contempt as used here in Oregon.

Option # 2 is to not hire a lawyer and try to represent yourself. Good luck.

QUESTION:

What is the Oregon law regarding the inderect contempt of non payment of child support when the defendant had no means or ability to comply with the original order?

ANSWER:

Under Oregon law, ORS 33.044(10), "Inability to comply with an order of the court is an affirmative defense." (Also, we do not have "indirect" contempt. Also, private litigants cannot seek contempt remedies for contumacious cnduct that consists of a past completed act for which belated compliance provides no cure.)

L.D. Gorin

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

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

Read more
Answered on 8/26/06, 5:42 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Oregon