146 Or. App. 368 932 P.2d 1214

Submitted on record and briefs October 18, 1996,

affirmed February 12,

petition for review denied April 15, 1997 (325 Or 247)

In the Matter of the Marriage of Kenneth P. STROTHER, Petitioner, and Eileen M. STROTHER, Respondent. STATE OF OREGON ex rel Kenneth P. STROTHER, Appellant, v. Eileen M. STROTHER, Respondent.

(871852; CA A85188)

932 P2d 1214

Kenneth P. Strother filed appellant’s briefpro se.

No appearance for respondent.

Before Warren, Presiding Judge, and Edmonds and Armstrong, Judges.

ARMSTRONG, J.

*370ARMSTRONG, J.

Father appeals from an order dismissing the state’s motion to modify his child support obligation. We affirm.

Father contends that he submitted a motion to the Lincoln County District Attorney pursuant to ORS 416.425 to modify his support obligation.1 Contemporaneously, the district attorney filed a certificate with the circuit court under ORS 25.330 in father’s dissolution case seeking to establish the amount of father’s support arrearage. Father filed objections to the certificate, and, after a December 1993 hearing, the court entered a judgment establishing the amount of the arrearage.

Then, in January 1994, pursuant to ORS 25.287, the district attorney filed a motion in the dissolution case to modify father’s support obligation downward in accordance with the child support guidelines. After a June hearing, the court allowed the state to withdraw its motion and entered the order from which father appeals.

Father argues that the court erred because it did not give him a hearing on his motion to modify child support. Father is operating on an incorrect understanding of the proceedings. As we understand his position, father believes that the district attorney’s filings were intertwined with father’s motion to modify under ORS 416.425. However, neither proceeding initiated by the district attorney involved ORS 416.425. Allowing the state to withdraw its motion under ORS 25.287 to modify support does not preclude father from pursuing his motion to modify under ORS 416.425.2 There was no error.

Affirmed.

State ex rel. Strother v. Strother
146 Or. App. 368 932 P.2d 1214

Case Details

Name
State ex rel. Strother v. Strother
Decision Date
Feb 12, 1997
Citations

146 Or. App. 368

932 P.2d 1214

Jurisdiction
Oregon

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