In re the Marriage of Quenzer

599 P.2d 1217, 42 Or. App. 3, 1979 Ore. App. LEXIS 3180
CourtCourt of Appeals of Oregon
DecidedSeptember 4, 1979
DocketNo. 38791, CA 11777
StatusPublished
Cited by5 cases

This text of 599 P.2d 1217 (In re the Marriage of Quenzer) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon 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 Quenzer, 599 P.2d 1217, 42 Or. App. 3, 1979 Ore. App. LEXIS 3180 (Or. Ct. App. 1979).

Opinion

SCHWAB, C. J.

Husband and wife were divorced, in Texas in December 1975. Wife was awarded custody of their five-year-old daughter, and the divorce decree allowed husband periodic visitation rights. Husband was ordered to pay $300 monthly child support. Prior to the divorce, husband and wife entered into a property settlement agreement which provided, among other things, for husband to pay wife spousal support monthly. The agreement further provided that, in the event of a dispute arising over the agreement, wife could bring enforcement proceedings in Harris County, Texas, or in "any state or jurisdiction where the Husband shall be residing at the time of any alleged breach.” The divorce decree provided that the property settlement agreement was

"* * * in all things approved and made a part of this Divorce Decree, and the parties are ordered to do such things as may be necessary to carry into effect such Property Settlement Agreement.”1

Shortly after the divorce, wife and daughter left Texas. The child’s visits with husband were fewer and more irregular than the decree provided, and he had ongoing difficulties in ascertaining wife’s and the daughter’s whereabouts. After one of the child’s visits to Texas, husband refused to return her to wife. He instituted a change of custody proceeding in Texas. Wife then sought a writ of habeas corpus, and the Texas court directed husband to return the child to wife. He did so. Thereafter, husband was unable to locate wife or see the child for more than a year. Wife and daughter now reside in Oregon.

In August 1977, husband petitioned the Lincoln County circuit court to enforce his visitation rights under the Texas decree, pursuant to the Uniform Child Custody Jurisdiction Act (ORS 109.700 to [6]*6109.930). Wife cross-petitioned, seeking inter alia that the Texas decree be modified to require husband to post a bond assuring the child’s return to wife after visitation periods; that wife be awarded arrearages in child and spousal support; that the monthly child support payments be increased from $300 as provided by the Texas decree to $500; and that wife be awarded attorney’s fees and costs. Husband then filed a motion for change of custody. The trial court denied the motion for change of custody; held wife in contempt for not complying with the visitation provisions of the Texas decree; modified those provisions in light of the distance between the parties’ places of residence; required husband to post a $1,000 bond assuring the child’s return after visits; gave wife judgment for the arrearages in child and spousal support; held husband in contempt for noncompliance with the child and spousal support requirements; denied the requested increase in child support; and denied attorney’s fees and costs. Husband appeals from the trial court’s order that he pay arrearages in spousal support and from the related contempt finding. Wife cross-appeals from the contempt finding against her, from the denial of increased child support, and from the denial of attorney’s fees and costs. We affirm.

Husband makes two basic arguments: first, that the Oregon court had no jurisdiction to enforce the Texas decree’s spousal support award; and second, that that award is not enforceable because Texas law prohibits awards of alimony and the provision in the divorce decree purporting to make such an award is void.

Husband advances three points in support of his jurisdictional argument. He contends first that the Oregon court did not have subject matter jurisdiction over spousal support in this proceeding initiated under the Uniform Child Custody Jurisdiction Act. It is of course correct that the Act does not in itself provide for the enforcement of spousal support orders. Cf., ORS 109.710(2). However, nothing in the Act suggests that a child custody proceeding brought under it cannot be [7]*7consolidated with other matters. To the contrary, ORS 109.710(3) provides:

" 'Custody proceeding’ includes proceedings in which a custody determination is one of several issues, such as an action for divorce or separation, and includes child neglect and dependency proceedings.”

ORS 3.260(2)(e) vests Oregon’s circuit courts with jurisdiction over:

"Any suit or civil proceeding involving custody or other disposition of a child or the support thereof or the support of a spouse, including enforcement of the Uniform Reciprocal Enforcement of Support Act and enforcement of out-of-state or foreign decrees on domestic relations.”

Husband next argues that, in order to secure enforcement of the Texas decree, wife was required to proceed under ORS ch 24, relating to registration and enforcement of foreign judgments. That contention was rejected in Walker v. Walker, 26 Or App 701, 554 P2d 591, rev den (1976). Although husband does not raise the question, we also consider whether the trial court had jurisdiction to enforce a spousal support obligation from another state in light of the fact wife did not follow the procedures of the Reciprocal Enforcement of Support Act (ORS ch 110). We conclude that wife’s proceeding under ORS ch 110 was not a prerequisite to the court’s having jurisdiction. ORS 110.031 provides that the remedies of the chapter are "in addition to and not in substitution for any other remedies.” Moreover, husband was not prejudiced by the omission of any procedures which would have been applicable had wife proceeded under ORS ch 110.2

Husband’s final jurisdictional contention is that the property settlement agreement provides for exclusive venue in Harris County, Texas, over suits for enforcement of the agreement. Arguably, the issue here is not [8]*8the enforcement of the agreement but the enforcement of a decree which incorporates the requirements of the agreement. In any event, we would not give effect to the exclusive venue provision of the agreement even if the enforcement of the agreement rather than the decree were before us. In Reeves v. Chem Industrial Co., 262 Or 95, 495 P2d 729 (1972), the court held that an exclusive venue provision in a contract will be given effect unless the provision is "unfair or enforcement would be unreasonable.” 262 Or at 101. Here, husband, a Texas resident, came to Oregon to initiate this proceeding. The record discloses that husband is substantially the more affluent of the two parties. It would be unreasonable to require wife, an Oregon resident, to bring a proceeding in Texas against a party from that state who has initiated a related proceeding against wife in an Oregon court.

We conclude that the circuit court had jurisdiction to enforce the spousal support order, and we turn to the question of whether that order is enforceable. Husband argues that the spousal support provision of the Texas decree is against the public policy of and void in that state and therefore cannot be enforced either there or here. Foreign judgments are enforceable in Oregon only if valid in the state of origin. Morphet v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wignall v. Comm'r
2014 T.C. Memo. 22 (U.S. Tax Court, 2014)
Washington ex rel. Pieratt v. Bloom
850 P.2d 407 (Court of Appeals of Oregon, 1993)
Andre v. Morrow
680 P.2d 1355 (Idaho Supreme Court, 1984)
In re the Marriage of Sutton
632 P.2d 4 (Court of Appeals of Oregon, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
599 P.2d 1217, 42 Or. App. 3, 1979 Ore. App. LEXIS 3180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-quenzer-orctapp-1979.