Attorney fees in certain domestic relations proceedings
Source:
Section 107.445 — Attorney fees in certain domestic relations proceedings, https://www.oregonlegislature.gov/bills_laws/ors/ors107.html.
Notes of Decisions
The reasonable value of services performed by an attorney in a given case is a question of fact to be determined in light of the particular circumstances of that case, including the following factors: 1) The nature of the proceedings; 2) the novelty of the issues involved; 3) the time required; 4) the value of interests involved; 5) the results secured; 6) the skill and standing of counsel; and 7) the other financial demands the decree places upon the husband. Colbath and Colbath, 15 Or App 568, 516 P2d 763 (1973)
Award of attorney fees must be in nature of judgment in favor of one party against other and for liquidated amount. Paget and Paget, 36 Or App 595, 585 P2d 38 (1978), Sup Ct review denied
Although wife did not cite this section, wife satisfied requirements described in ORCP 68C (2) because she alleged facts showing husband was in contempt, thereby alerting husband of intention to seek attorney fees and husband was not prejudiced by failure to cite this section. Hogue and Hogue, 118 Or App 89, 846 P2d 422 (1993)
Attorney fees could not be awarded where action was brought to obtain compensation for past contempt rather than to “compel compliance.” Rowland and Kingman, 131 Or App 204, 884 P2d 561 (1994)
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