In re the Marriage of Clark

Wife appeals from a judgment dismissing a contempt proceeding based on husband’s motion for dismissal made at the conclusion of wife’s case. ORCP 54 B(2). Wife contends that the trial court’s decision erroneously assigned to her the burden of disproving husband’s affirmative defense that he was unable to comply with the terms of the judgment dissolving the parties’ marriage. Wife also appeals from a supplemental judgment that awarded husband an additional prevailing party fee. ORS 20.190(3). We reverse and remand.

The parties’ marriage was dissolved by a stipulated judgment of dissolution…