In re the Marriage of Lorenz

The parties stipulated in open court to the amount of child support owed by wife to husband. Husband filed a motion for relief from the stipulation, which the trial court denied after a hearing. Husband appeals, arguing that the trial court erred in refusing to allow him to present evidence.

A stipulation agreed to in open court cannot be set aside at the behest of a party except on a showing of fraud, mutual mistake or the actual absence of consent. Murray v. Johnson, 86 Or App 295, 297, 738 P2d 1005 (1987). Before presenting evidence as to any error in the agreed support amount, husband had…