MATTER OF MARRIAGE OF GREENE

92C-30096; CA A97372.

957 P.2d 593 (1998)

153 Or. App. 619

In the Matter of the Marriage of Tonia Dawn Greene, Petitioner, and Sean Jason Greene, Respondent. STATE of Oregon ex rel. Tonia Greene TAYLOR, Respondent. v. Sean Jason GREENE, Appellant.

Court of Appeals of Oregon.

Decided April 22, 1998.


Attorney(s) appearing for the Case

Richard F. Alway, Salem, argued the cause and filed the brief for appellant.

Holly Ann Vance, 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 WARREN, P.J., and DEITS, C.J., and EDMONDS, J.


PER CURIAM.

Defendant appeals a judgment finding him in contempt for wilfully failing to pay child support.

On appeal, the state concedes that, during part of the time that the trial court considered in determining that there was wilful failure to pay, defendant was under no obligation to pay. The state argues that we should nevertheless affirm because other periods of time would support the judgment. Because we cannot tell whether the trial court would enter...

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