State ex rel. Robertson v. Robertson

The majority’s answer to father’s third assignment of error1 violates Article I, section 19, of the Oregon Constitution, which says “there shall be no imprisonment for debt, except in case of fraud or absconding debtors.” Neither exception applies. Because father invoked his right against self-incrimination, he is incarcerated until he pays the entire arrearage under the trial court’s order. There is no evidence in the record that he has the present ability to pay that amount. The trial court concedes that fact when it says:

“[T]he reason there is insufficient evidence in the record to support…