265 P.3d 48
Or. Ct. App.2011Background
- During dissolution, Keller was ordered to pay $250 per month indefinitely for an adult child.
- Keller failed to pay from December 2006 through December 2008, creating $16,475.90 in arrears.
- A bench trial admitted a printout of Keller's payment history as evidence of nonpayment.
- The court found Keller guilty of punitive contempt under ORS 33.015 for willful disobedience.
- On appeal, Keller argued there was no proof that his conduct was willful.
- The court affirmed, applying Mikkelsen to infer ability to pay absent modification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence shows willful disobedience | Keller | Keller | Yes; proven by valid order, knowledge, and failure to pay or seek modification |
| Whether inability to comply was a proper affirmative defense | State | Keller | Inability to comply is affirmative defense; burden on Keller; not raised |
Key Cases Cited
- State ex rel. Mikkelsen v. Hill, 315 Or. 452 (1993) (establishes that willful disobedience may be inferred from an existing order and lack of modification)
- Frady v. Frady, 185 Or. App. 245 (2002) (standard for reviewing contempt judgments for abuse of discretion)
- Golden 'B' Products v. Clark Equip., 60 Or. App. 39 (1982) (oral-argument issues not preserved on appeal)