In Re the Marriage of Chase

323 P.3d 266, 354 Or. 776, 2014 WL 585617, 2014 Ore. LEXIS 90
CourtOregon Supreme Court
DecidedFebruary 13, 2014
DocketC981383DR; CA A148342; SC S061222
StatusPublished
Cited by21 cases

This text of 323 P.3d 266 (In Re the Marriage of Chase) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of Chase, 323 P.3d 266, 354 Or. 776, 2014 WL 585617, 2014 Ore. LEXIS 90 (Or. 2014).

Opinion

*778 BREWER, J.

Father seeks review of a judgment for unpaid past child support (the arrearage judgment). In the judgment document, the circuit court imposed judgment for the unpaid installments and accrued interest on each installment, and — pursuant to ORS 82.010(2)(c) — post-judgment interest on both the amount of the unpaid installments and the accrued interest. Father appealed, and, relying on its own prior case law, the Court of Appeals affirmed. Chase and Chase, 255 Or App 388, 296 P3d 1278 (2013).

The outcome of this case primarily hinges on the application of two paragraphs of ORS 82.010(2), which governs post-judgment interest awards. Paragraph (2)(b) provides that “[interest on a judgment under this subsection is simple interest, unless otherwise provided by contract.” Paragraph (2)(c), on which the circuit court relied, provides that “[interest accruing from the date of the entry of a judgment shall also accrue on interest that accrued before the date of entry of a judgment.” For the reasons set out below, we conclude that the interest at issue in this case is not interest to which ORS 82.010(2)(c) refers. After an initial judgment is entered requiring payment of child support in future recurring installments, interest on unpaid installments is postjudgment, not prejudgment interest, and is not governed by paragraph (2)(c) of ORS 82.010. We reverse the decision of the Court of Appeals, reverse the arrearage judgment, and remand to the circuit court.

The pertinent facts are procedural and undisputed. In 1999, the circuit court entered a general judgment dissolving the parties’ marriage. The judgment included a child support award that required father to make periodic installment payments to mother on behalf of the parties’ minor children. The monthly amount of the child support award was modified by a series of supplemental judgments entered thereafter, and, in two additional instances, the circuit court entered arrearage judgments for unpaid past child support. In 2010, after entry of the most recent supplemental judgment modifying the amount of monthly child support, the Washington County District Attorney issued a “Notice of Intent to Establish and Enforce Arrears and Interest,” and father requested an administrative hearing *779 on that issue. An administrative law judge (ALJ) issued a final order that established support arrears, but provided that “interest should not be added to the child support order.” The ALJ explained that the establishment of the arrears did not result in a new judgment but, rather, was “an accounting procedure which assists the state and the parties in reconciling the books and determining the amount owed.”

Mother petitioned the circuit court for de novo review of the final order. Based on the Court of Appeals’ construction of ORS 82.010(2)(c) in Mannix and Mannix, 146 Or App 36, 932 P2d 70 (1997), the circuit court concluded that it was required to impose interest on the support arrear-ages, including interest on previously accrued and unpaid interest. The circuit court therefore entered a judgment providing that the total amount of arrears was $33,072.01 and that the total amount of “net cumulative interest” was $16,851.38. The judgment included a money award for the sum of those two amounts, $49,923.39, and provided that interest would accrue on that sum at nine percent per annum from the date that the judgment was entered. As noted, the Court of Appeals affirmed, and we allowed review.

On review, father first contends that Oregon law does not authorize the entry of arrearage judgments after a child support award has been established in a governing general or supplemental judgment. Accordingly, father argues that the circuit court lacked authority to enter the instant arrearage judgment in the first place. Alternatively, father asserts that the part of the arrearage judgment that provided for interest on interest was entered in violation of ORS 82.010(2)(b). In particular, father argues that ORS 82.010(2)(c) was meant to apply only to unpaid interest that might have accrued before the entry of previous child support judgments, and here, there was none. According to father, paragraph (2)(c) merely sets out an exception to the “general rule” of paragraph (2)(b), which states that, unless otherwise provided by contract, interest imposed on judgments is “simple interest.”

Mother responds:

“ORS 82.010(2)(c) by its plain wording permits pre-judgment interest to be incorporated in ‘a judgment’ document *780 with money award that also then accrues interest from the date of that later judgment. ORS 82.010(2)(c). In the case of a support award in an arrearage enforcement action, that pre-judgment interest would be the interest that accrues for unpaid support before that unpaid support is reduced to a supplemental judgment document. Nothing in ORS 82.010(2)(c) requires that the interest included in ‘a judgment’ — the later judgment — must solely refer to the general judgment of dissolution or custody which established the original support scheme and money award.”

With the parties’ arguments thus framed, the primary issue before us is one of statutory construction involving the meaning of ORS 82.010(2). 1 Our goal is to determine the meaning of the statute that the legislature that enacted it most likely intended. PGE v. Bureau of Labor and Industries, 317 Or 606, 610, 859 P2d 1143 (1993). To determine the intended meaning of the statute, we examine its text, in context, and, where appropriate, legislative history and relevant canons of construction. State v. Gaines, 346 Or 160, 171-73, 206 P3d 1042 (2009). This court has emphasized that, in determining the intended meaning of a statute,

“there is no more persuasive evidence of the intent of the legislature than the words by which the legislature undertook to give expression to its wishes. Only the text of a statute receives the consideration and approval of a majority of the members of the legislature, as required to have the effect of law.

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Cite This Page — Counsel Stack

Bluebook (online)
323 P.3d 266, 354 Or. 776, 2014 WL 585617, 2014 Ore. LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-chase-or-2014.