State Ex Rel. Cox v. Cox

This is an appeal by the state of Oregon through the Support Enforcement Division of the Department of Justice from the denial of an ex parte order directing the United States Army, 1 the father’s employer, to withhold and remit money "due or to become due to him” on account of unpaid child support pursuant to a dissolution of marriage decree. The court refused to sign the order on the belief that the statute, ORS 23.777(1), which allows such orders, is "unconstitutional in that it doesn’t provide notice and an opportunity to be heard * * * and perhaps* * * it is too vague * * *.” We disagree.