Baertlein and Stocks

"[W]hether, when a party seeks, pursuant to ORS 107.104, to enforce some stipulated term of the dissolution judgement in the context of modification proceedings under ORS 107.135, attorney fees incurred in those enforcement efforts can be recovered under ORS 107.135(8)." Berry and Huffman, 247 Or App 651, 271 P3d 128 (2012).

Father appealed a trial court judgement awarding attorney fees to Mother.  Father assigned error to the court interpretation of the "fixed minimum amount" based on the University of Oregon estimated cost, and argued that he should be entitled to a credit for payments made towards college expenses that were not used for that purpose.  Father argued that the trial court erred in concluding that the 2014 judgment required the parties pay a fixed minimum amount of college expenses regardless of the actual costs, and that the ambiguity in the judgment required the court to consider extrinsic evidence of party intent.  Mother argued that the fixed minimum amount was proper.  "[W]hether, when a party seeks, pursuant to ORS 107.104, to enforce some stipulated term of the dissolution judgement in the context of modification proceedings under ORS 107.135, attorney fees incurred in those enforcement efforts can be recovered under ORS 107.135(8)." Berry and Huffman, 247 Or App 651, 271 P3d 128 (2012).  The Court held that the trial court had the discretion to award the mother and Brian the full amount of their fees under ORS 107.135(8) because the enforcement motion was not "extraneous" to the modification action.  Affirmed.