Legal Question in Family Law in Oregon

Is divorce decree binding if there was no marriage?

No, the divorce decree is not legally binding, at least not to the extent it purports to dissolve a non-existent marriage.

However, married or not, these parties are PARENTS and are therefore subject to having court orders imposed on them requiring the payment of child support. From your fact statement, it appears that the father entered into a written agreement with the mother wherein, among other issues, he agreed to pay a specified dollar amount of child support. The fact that the agreement may be meaningless as to that part that dealt with the dissolution of a non-existent marriage, it is nonetheless valid and binding as to the child support obligation. And this is especially so since father AGREED to the court order. (Also, he�s probably legally barred (�estopped�) from now challenging the legality of a court order that he himself asked the court to impose.)

As to father�s withholding support payments �because mother has made it all but impossible for father to see the kids�......

Withholding support under the circumstances you describe amounts to punishing the children for the sins of the mother. I understand father�s reasoning (and I do not condone mother�s interfering with visitation), BUT don�t forget the old saying that two wrongs do not make a right.

Also, Oregon law, ORS 105.106(1)(b), says that the following statement is supposed to be included in all cases involving custody, parenting time, visitation or support:

NOTICE RE CHILD SUPPORT AND PARENTING TIME

The terms of child support and parenting time (visitation) are designed for the child's benefit and not the parent's benefit. You must pay support even if you are not receiving visitation. You must comply with visitation order even if you are not receiving child support.

As to the interference with visitation, ORS 107.434 says that �The presiding judge of each judicial district shall establish an expedited parenting time enforcement procedure that may or may not include a requirement for mediation. The procedure must be easy to understand and initiate. Unless the parties otherwise agree, the court shall conduct a hearing no later than 45 days after the filing of a motion seeking enforcement of a parenting time order. The court shall charge a filing fee of $45

So don�t take matters into your own hands. Instead, you would be better off seeking relief through appropriate legal channels. Specifically, ORS 107.431 says that the court �may terminate or modify that part of the order or decree requiring payment of money for the support of the minor child with whom parenting time is being denied after * * * a showing that the parent or other person having custody of the child * * * has interfered with or denied without good cause the exercise of the parent�s parenting time rights.�