- Court: Oregon Court of Appeals
- Area(s) of Law: Family Law
- Date Filed: 09-09-2021
- Case #: A167584
- Judge(s)/Court Below: Powers, J. for the Court; Lagesen, P.J.; & DeVore, J.
- Full Text Opinion
Husband appealed an order to pay pre-judgment interest on spousal support from the date of original disposition. Husband assigned error to the trial court’s interpretation of ORS 82.010 for incorrectly calculating the date on which interest began to accrue. In response, Wife argued that that the “pre-judgment interest should run from the date of the original dissolution judgment.” ORS 82.010(2)(c) which refers to pre-judgment interest, applies only to some judgments, spousal support judgments do not accrue pre-judgment interest. Pre-judgment interest exists in order to compensate a judgment creditor for losses suffered prior to the judgment. The Court held that interest on unpaid installments is post-judgment, not pre-judgment interest which is governed by ORS 82.010(2)(b) and not ORS.010(2)(c). Spousal support awards, like a child support award, shall result in a judgment for each installment as it accrues. REVERSED and REMANDED.