Dept. of Human Resources v. Andersen

FILED: October 31, 2001

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON,
acting by and through the
Department of Human Resources,

Respondent,

and

KEME BRAMWELL,

Plaintiff,

v.

ERIK ANDERSEN,
nka Erik Elder,

Appellant,

and

PEDER ANDERSEN,
nka Peder Elder

Co-Respondent below.

9108-66723; A111413

Appeal from Circuit Court, Multnomah County.

Dale R. Koch, Judge.

Argued and submitted October 1, 2001.

Michael R. Sahagian argued the cause and filed the brief for appellant.

Kathryn T. Garrett, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Haselton, Presiding Judge, and Linder and Wollheim, Judges.

PER CURIAM

Reversed and remanded.

PER CURIAM

In this child support proceeding, father appeals from a judgment amending his child support obligation. The state concedes that the trial court erred. We review de novo, ORS 19.415(3), accept the state's concession, and reverse and remand. (1)

Father first assigns error to the trial court's rejection of a collateral attack on a prior stipulated judgment establishing paternity. Father has failed to establish the necessary requisites for setting aside a stipulated judgment, and we reject his arguments without further discussion.

In his second assignment of error, father argues that the trial court erred in determining the amount of his support obligation. The state concedes that the trial court incorrectly calculated father's child support obligation. We accept the state's concession that, in this case, the trial court erred in considering a third-party's income in calculating father's support obligation as a noncustodial parent.

Reversed and remanded.

1. A discussion of the particular facts and circumstances in this case would not benefit either the bench or the bar.