State of Oregon Department of Human Resources v. Redler

956 P.2d 232, 153 Or. App. 135, 1998 Ore. App. LEXIS 638
CourtCourt of Appeals of Oregon
DecidedMarch 25, 1998
Docket88-1199-D-3; CA A95930
StatusPublished
Cited by2 cases

This text of 956 P.2d 232 (State of Oregon Department of Human Resources v. Redler) 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
State of Oregon Department of Human Resources v. Redler, 956 P.2d 232, 153 Or. App. 135, 1998 Ore. App. LEXIS 638 (Or. Ct. App. 1998).

Opinions

LANDAU, J.

Father appeals a judgment increasing the amount of his monthly child support obligation. His principal contention on appeal is that the trial court erred in refusing to consider the income of two of his children from their paper routes in setting the amount of child support. On de novo review, ORS 19.415(3), we affirm.

The Support Enforcement Division initiated this action as a two-year review proceeding pursuant to ORS 25.287. Father represented himself at all times in this action. At the initial hearing, the referee found that the existing obligation of $218 per month did not conform to the amount required by the child support guidelines and modified the obligation to $345 per month. Father appealed the referee’s order to the circuit court.

At the hearing before the circuit court, father cross-examined mother and attempted to elicit from her information about the children’s earnings from their paper routes. The trial court interrupted the examination, and father explained his line of questioning as follows:

“The Court: * * * What relevance is there to the fact these
girls made some money?
“[Father]: Well, Your Honor, under [ORS] 107.415, it’s supposed — I’m supposed to be notified of a change of the status of minor children to the effect, if they are paying part of their support, that mitigates the amount of support that goes to them.
«* * * * *
“The Court: Well, you’ll have a tough time selling me on that if the children are living with her.
“[Father]: Your Honor, they are making more money than she is.
“The Court: Combined?
“[Father]: Yes, sir.
“The Court: Well, that doesn’t mean that they are independent. [ORS] 107[.415] is to show that they [138]*138have been emancipated and, in effect, become self-supporting.
“[Father]: Isn’t that supposed to change the amount of support?
“The Court: No, no.
«* * * * *
“[Father]: Okay. I think — I mean, I’m not saying that I shouldn’t get — that I shouldn’t pay support, Your Honor. What I’m saying is that I should get credit. I have a back due amount that I just — because I didn’t go into court to get it adjusted at the time, that I got that saddled over the top of me, and I think under these circumstances, that these are — that I should be given some credit for the amount that I paid against that arrearage. That’s all I’m saying.”

Although testimony eventually was admitted that the two children earned $3,300 and $2,947 each year from their paper routes, the trial court determined father’s income without reference to the children’s earnings and calculated from the child support guidelines a support obligation of $300 per month.

On appeal, father contends that the trial court erred “in refusing to consider the children’s income for the purpose of calculating” father’s child support obligation. He argues that the two children “are essentially self-supporting” and that their incomes should have been “included in the child support calculation.” He bases his contentions on ORS 107.415 and ORS 25.280. The former statute, he argues, authorizes him “to move for a reduction in child support” in circumstances such as those in this case, in which the children have become self-supporting. The latter statute he reads to impose a requirement on trial courts to consider in all cases the extent to which the earnings of a child render “unjust and inappropriate” an award otherwise required by the guidelines.

The state contends that ORS 107.415 does not apply to this proceeding, because it affords only the remedy of restitution when an obligor spouse previously has not been [139]*139informed that the child has become emancipated. The state further contends that ORS 25.280 and the cases construing it permit a court to entertain a departure from the award determined from the guidelines formula, but that they do not require the court to do so. We agree with the state on both points.

First, as to the applicability of ORS 107.415, the statute provides:

“(1) If a party is required by a decree of a court in a domestic relations suit * * * to contribute to the support, nurture or education of a minor child while the other party has custody thereof, the custodial parent shall notify the party contributing such money when the minor child receives income from the gainful employment of the child, or is married or enters the military service.
“(2) Any custodial parent who does not provide notice, as required by subsection (1) of this section may be required by the court to make restitution to the contributing party of any money paid, as required by the decree. The court may enter a judgment or satisfy all or part of any accrued judgment to accomplish the restitution.”

By its terms, ORS 107.415(2) affords a remedy of restitution only. It is not a mechanism for a determination of the correct amount of child support. Ellis v. Ellis, 292 Or 502, 508 n 4, 640 P2d 1024 (1982); Eagen and Eagen, 52 Or App 299, 304, 628 P2d 428 (1981), modified 292 Or 492, 640 P2d 1019 (1982). This is an action for child support modification pursuant to ORS 25.287. It is not an action for restitution pursuant to ORS 107.415. Thus, ORS 107.415 provides no support for father’s contentions in this case.

Second, as to the applicability of ORS 25.280, that statute provides, in part:

“In any judicial or administrative proceeding for the establishment or modification of a child support obligation * * *, the amount of support determined by the formula [required by the child support statutes] * * * shall be presumed to be the correct amount of the obligation. This shall be a rebuttable presumption and a written finding or a specific finding on the record that the application of the formula would be unjust or inappropriate in a particular case [140]

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Related

Redler and Redler
996 P.2d 963 (Oregon Supreme Court, 2000)
Matter of Marriage of Short
964 P.2d 1033 (Court of Appeals of Oregon, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
956 P.2d 232, 153 Or. App. 135, 1998 Ore. App. LEXIS 638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-oregon-department-of-human-resources-v-redler-orctapp-1998.