Legal Opinion · Dissent

Ellis v. Ellis

Oregon Supreme Court

Decided February 10, 1982No. CA 18634, SC 27942Published

1DissentCampbell, J.

I agree that a support order in a decree is only effective during the period of time that the child is a minor. However, I disagree that emancipation automatically *509changes the status of a child from a minor to an adult. I agree with the trial court that under ORS 107.135(2) it had no power to set aside the child support payments which had accrued as a final judgment prior to the time that the father filed his motion to modify the decree. I would therefore affirm the trial court.

The majority in effect says the decree only requires payment for the support of minor children and there was no…

2Cases cited9 opinions

  1. Mansfield v. HillOregon Supreme Court · 1910
  2. Lytle v. Payette-Oregon Slope Irrigation DistrictOregon Supreme Court · 1944
  3. Matter of Marriage of EagenOregon Supreme Court · 1982
  4. State Construction Corporation v. ScogginsOregon Supreme Court · 1971
  5. Forbes v. JenningsOregon Supreme Court · 1928

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