Marital Dissolution, Annulment and Separation

ORS 107.445
Attorney fees in certain domestic relations proceedings

In any proceeding brought under ORS 107.095 (Provisions court may make after commencement of suit and before judgment), 108.110 (Petition for support of spouse and children) and 108.120 (Support judgment or order), and in any contempt proceeding in any suit for marital annulment, dissolution or separation, the court may render a judgment awarding to a party, or directly to the party’s attorney, a sum of money determined to be reasonable as an attorney fee at trial and on appeal therein. When a district attorney initiates or prosecutes a proceeding pursuant to ORS 33.015 (Definitions for ORS 33.015 to 33.155) to 33.155 (Applicability) for enforcement of a restraining order issued under ORS 107.716 (Hearing), 107.718 (Restraining order), 124.015 (Hearing upon request of respondent) or 124.020 (Ex parte hearing) or for enforcement of a support order, the court may enter a judgment for a reasonable attorney fee to be paid by the respondent to the county in which the district attorney holds office. A judgment so entered is enforceable by the party or attorney in whose favor the judgment is given against property of the other party or against any property held jointly or in common between the parties. [1971 c.280 §18; 1981 c.775 §6; 1981 c.781 §2; 1981 c.897 §32; 1983 c.728 §4; 1987 c.331 §2; 1991 c.724 §21; 1995 c.666 §16; 1997 c.18 §1; 2003 c.576 §124]

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)

Chapter 107

Notes of Decisions

Trial court has authority to establish liquidated sum as amount owed by spouse under settlement agreement. Horner and Horner, 119 Or App 112, 849 P2d 560 (1993)

Atty. Gen. Opinions

Emergency or necessity as the only grounds for waiver of 90-day period, (1971) Vol 35, p 982

Law Review Citations

55 OLR 267-277 (1976); 27 WLR 51 (1991)


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Jun. 26, 2021