State ex rel. Yancy v. Wilke

The state seeks reversal of the trial court’s pretrial order allowing defendant’s demurrer to a show cause order. Defendant was ordered to show cause why he was not in contempt of court for failing to obey a child support order. The trial court, relying on our decision in State ex rel Mikkelsen v. Hill, 108 Or App 135, 813 P2d 1130 (1991), allowed defendant’s demurrer on the ground that ORS 33.065(7), which makes inability to pay child support an affirmative defense, violates the Fourteenth Amendment to the United States Constitution. However, the Supreme Court reversed our decision and held…