In re the Marriage of Ramberg

859 P.2d 571, 123 Or. App. 281, 1993 Ore. App. LEXIS 1532
CourtCourt of Appeals of Oregon
DecidedSeptember 22, 1993
Docket8108-66252; CA A76678
StatusPublished
Cited by4 cases

This text of 859 P.2d 571 (In re the Marriage of Ramberg) 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 Ramberg, 859 P.2d 571, 123 Or. App. 281, 1993 Ore. App. LEXIS 1532 (Or. Ct. App. 1993).

Opinion

DEITS, P. J.

Father appeals an order modifying a judgment of dissolution. He argues that the trial court erred in determining his child support arrearages. On de novo review, we affirm.

The parties were married in 1975 and have one minor child. The dissolution judgment awarded custody to mother and required father to pay child support in the amount of $150 per month and to provide medical and dental insurance for the child, if available through his employment. The child is now 18 years old and has lived with father since April, 1991. In 1992, father moved to modify the dissolution judgment to award him custody, to have the court determine mother’s child support obligation and any arrearage between the parties, and to award him costs and attorney fees. Mother’s answer included a request that the court calculate father’s arrearage and offset it against her future child support obligations. She also requested costs and attorney fees.

After a hearing, the trial court gave custody of the child to father and ordered mother to pay child support in the amount of $142 per month to be offset by father’s arrearage and to provide medical and dental insurance coverage for the child, beginning in June, 1992. The court accepted the parties’ stipulation that the father’s child support arrearage, not including arrearage for his failure to provide medical and dental insurance for the child, was $8,761.44 with interest accruing from May 15, 1992, until paid, and entered a judgment for mother in that amount. Additionally, the court awarded mother $8,310.36 plus interest at 9 percent from July, 1992, until paid. This award represented her costs in obtaining medical insurance and other medical expenses during the time that father did not fulfill his obligation to provide medical and dental insurance for the child.

Father first argues that the trial court erred in modifying the judgment “without the receipt of any sworn testimony or evidence and without considering the post-ruling stipulation as to what the testimony or evidence might have been.” According to father, the court did not consider the parties’ stipulation and, therefore, there is no evidence in the [284]*284record to support the judgment or from which this court may exercise its de novo review.

We disagree with father’s assertion that the court did not consider the parties’ stipulations before ruling on the merits. The record shows that the court continued the hearing to allow the parties to present testimony. When the hearing was reconvened, the parties informed the court that they would stipulate to the testimony that each would have presented to the court. The court received those stipulations, and they are binding on the parties. See Kathrens and Kathrens, 47 Or App 823, 827, 615 P2d 1079, rev den 290 Or 211 (1980). The record shows that the parties’ stipulations were considered before the court’s final ruling.

Father’s second assignment of error is that the court erred in awarding mother a lump sum judgment of $8,310.36, representing the costs incurred by her for medical and dental insurance and expenses for the time that father was obligated to provide insurance for the child. Father contends that the court only had authority to determine the amount of child support arrearage and that if any action were to be taken in regard to the health and dental insurance, mother would have to do that through a contempt proceeding.

The show cause order that initiated this proceeding said that mother should appear and show cause:

“Why the Judgment of dissolution between the * * * parties should not be modified to award child support to [father] consistent with the Uniform Child Support Guidelines.
“Why the Court should not enter an Order setting the amount of arrearages between the parties.
“Why [mother] should not be ordered to pay [father’s] attorney fees, costs and disbursements incurred herein, pursuant to ORS 107.135 and 107.445.”

Mother responded:

“[Mother] acknowledges that [father] should be awarded child support in an amount to be determined by the court;
“[Mother] admits that the court should enter an order setting the amount of any arrearages between the parties. [Mother] denies she should be ordered to pay [father’s] attorney fees, costs and disbursements.
[285]*285“FOR AFFIRMATIVE DEFENSE, [MOTHER] ALLEGES AS FOLLOWS:
“[Mother] claims offsetting arrearages in an amount to be determined by the court;
“For counterclaim, [mother] alleges as follows:
“[Mother] requests to calculate [father’s] arrears and offset said arrears against [mother’s] future support obligation.
“[Mother] requests that [father] be ordered to pay [mother’s] attorney fees, costs and disbursements incurred herein, pursuant to ORS 107.135 and 107.445.”

Father concedes, and we agree, that the court had authority to determine the amount of child support arrearage. Under ORS 25.330(l)(a), parties may establish a record of support payment arrearage by court order. Through the show cause order, and mother’s response to it, father and mother petitioned the court to determine the arrearages between them. It is father’s position, however, that the court did not have authority to determine the insurance arrearage, because medical insurance and dental insurance are not child support.

Under the circumstances here, we disagree with father’s assertion. ORS 107.135(l)(a) provides that the court may “[s]et aside, alter or modify so much of the decree as may provide for the* * * support and welfare ofthe minor children * * *, including any provisions for health or life insurancef.]” (Emphasis supplied.) In Gutierrez and Gutierrez, 117 Or App 106, 109, 843 P2d 466 (1992), we held that a requirement to provide a child with medical and dental insurance may be a child support provision. Likewise, here we conclude that the provision in the original judgment for health insurance for the child was intended to be child support. Accordingly, the trial court had authority to determine the arrearages between the parties, including the arrearage for health insurance, in this proceeding.

Father also argues that the court erred in calculating the amount of arrearage for the child’s medical and dental insurance, because it Swarded mother her costs incurred in obtaining alternative insurance coverage. Father argues that he is only required to reimburse mother for medical expenses [286]*286actually incurred and that does not include the costs of insurance. He relies on ORS 25.255(9), which provides:

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Bluebook (online)
859 P.2d 571, 123 Or. App. 281, 1993 Ore. App. LEXIS 1532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-ramberg-orctapp-1993.