Legal Question in Family Law in Oregon

Re: Contempt of Divorce order

A. Contempt proceedings for both remedial and punitive contempt sanctions must be commenced within two years of the action or omission constituting the contempt. ORS 33.135(1).

B. Exception for support orders: Contempt proceedings for failure to pay a support obligation must be commenced within 10 years of the act or omission constituting the contempt. ORS 33.135(5).

C. A remedial contempt proceeding is deemed as commenced upon the filing of the motion for an order directing defendant to appear. ORS 33.135(2).

D. The two year limitation does not apply to “continuing” contempts. Further, the failure to pay a support obligation after the obligation becomes a judgment is a contempt without regard to when the obligation became a judgment. ORS 33.135(4).

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]