December 2007 “Tips from the Bench”

By Judge John Wittmayer, Multnomah County Circuit Court.

Top 20 reasons why family law papers are returned by the court

It is very common that papers submitted to the Family Court in Multnomah County are returned because they are deficient in some way. Judge Maureen McKnight, with approval from Chief Family Law Judge Nan Waller, offers the following top 20 reasons this occurs. And yes, we know there are only 19 reasons on the list. But we all learn new things frequently, so there is still room for growth. Family law lawyers might find it helpful to share this list with their legal assistants. A more detailed description of the issues, including citations to statutes and rules, may be found on the Family Law section of www.ojd.state.or.us/mul/Family.html.

1. Missing signatures on a “Stipulated” Judgment


2. Reference to exhibits not provided


3. No filing fee paid for Supplemental Judgment


4. No finding of “unjustness” or “inappropriateness” re presumptive amount of child support and/or no financially-related factual basis for rebuttal finding


5. No findings re spousal support ordered in General Judgment


6. Missing Certificate of Pending Child Support and/or a new child support order is proposed when an order already exists involving the same obligor and same child in another case


7. General confusion about what the petitioner or parties intend


8. Required notices are missing in cases involving support


9. Adult child is not served, or has not waived rights or has not signed Stipulated Judgment


10. The parties have not attended the Parenting Education Class


11. Required term re unreimbursed health insurance is missing


12. No facts to support personal jurisdiction when service is effected out of state


13. Judgment contains terms less advantageous to respondent than those in Petition (and no stipulation)


14. Waiver of the 90 days is sought simply through Judgment language rather than by Motion and Affidavit


15. Court fees are owing but no State Judgment is contained for deferred fees


16. UCCJEA information is lacking or reveals problems


17. No second copy of support order for DOJ


18. Incorrect captioning on Judgments and Orders (particularly Limited Judgment vs. Temporary Orders)


19. Facts supporting default (i.e., reasons why Petitioner knows the Respondent is not in military)

The Family Law Advisory Committee is meeting again

A first re-organizational meeting for Multnomah County Local Family Law Advisory Committee (LFAC) was held on October 25 at the Multnomah County Circuit Court. The role of LFAC in our court is statutory. ORS 3.434 directs each judicial district to establish a LFAC for ongoing input into “plans to coordinate the provision of services to families involved with domestic relations or other family court proceedings.”

Attorneys practicing in juvenile and family law areas are invited to join the family law bench and family and juvenile court services providers in discussing what practice issues should be addressed during LFAC meetings over the coming year. Ongoing meetings will be held quarterly on the fourth Thursday of the month beginning on January 24, 2008, in Room 602 of the Multnomah County Courthouse. Please join the court and practitioners to discuss a variety of issues. Committees are being formed to address call, settlement conferences, the Standard Parenting Guidelines, SLR review and revisions, safety matters and other supervised parenting issues. Minutes from the October 25 meeting may be found on the Family Law section of www.ojd.state.or.us/mul/Family.html.