State ex rel. Willis v. Willis

Mother appeals a trial court order suspending father’s child support obligation until 60 days after his release from prison on a sentence for possession of a controlled substance, because he had insufficient income and assets to make the payments. On de novo review, we reverse.

In Edmonds and Edmonds, 53 Or App 539, 542, 633 P2d 4 (1981), we held that, when a noncustodial parent is imprisoned for a crime other than nonsupport or criminal contempt for failure to pay support, the parent is not liable for child support payments while incarcerated, unless it is affirmatively shown that he or she…