107.445
Attorney fees in certain domestic relations proceedings. In any proceeding brought under
ORS 107.095, 108.110 and 108.120, and in any contempt proceeding to enforce an
order or judgment entered in a marital annulment, dissolution or separation
proceeding, the court may render an order or judgment awarding to a party, or
directly to the party’s attorney, a sum of money determined to be reasonable as
an attorney fee at trial and on appeal therein. When a district attorney
initiates or prosecutes a proceeding pursuant to ORS 33.015 to 33.155 for
enforcement of a restraining order issued under ORS 107.716, 107.718, 124.015
or 124.020 or for enforcement of a support order, the court may enter an order
or judgment for a reasonable attorney fee to be paid by the respondent to the
county in which the district attorney holds office. An order or judgment so
entered is enforceable by the party or attorney in whose favor the order or
judgment is given against property of the other party or against any property
held jointly or in common between the parties. [1971 c.280 §18; 1981 c.775 §6;
1981 c.781 §2; 1981 c.897 §32; 1983 c.728 §4; 1987 c.331 §2; 1991 c.724 §21;
1995 c.666 §16; 1997 c.18 §1; 2003 c.576 §124; 2025 c.256 §5]
Notes of Decisions
Cited in
25
cases (
2 in the last 5 years), 1974–2024 · leading case:
Hogue v. Hogue, 846 P.2d 422 (Or. Ct. App. 1993).
Hogue v. Hogue, 846 P.2d 422 (Or. Ct. App. 1993).
· cites it 4× “We grant the motion, modify our opinion and affirm the trial court’s judgment in its entirety. In this contempt proceeding, wife sought attorney fees from husband.”
Rymer v. Zwingli, 247 P.3d 1246 (Or. Ct. App. 2011).
· cites it 3× “The trial court awarded the wife her attorney fees under ORS 107.445 (1991) even though her motion did not specify that that statute was the basis for her entitlement to an award.”
In the Matter of Marriage of Dornbusch & Dornbusch, 96 P.3d 877 (Or. Ct. App. 2004).
· cites it 4× “We review the denial of husband’s request for attorney fees for an abuse of discretion, ORS 107.445, and we affirm. The parties were married for 33 years; their marriage was dissolved in February 2001.”
In re the Marriage of Gilbert-Walters, 33 P.3d 709 (Or. Ct. App. 2001).
· cites it 3× “When a court grants a judgment of dissolution, it may also enter a judgment against one party in favor of the other for “any further sums as additional attorney fees or additional costs and expenses of suit or defense as the court finds reasonably and necessarily incurred by…”
In re the Marriage of Sauver, 100 P.3d 1076 (Or. Ct. App. 2004).
“105(l)(e) and ORS 107.445 entitle the prevailing party in a contempt proceeding in a dissolution action to recover attorney fees.”
In re the Marriage of Page, 797 P.2d 408 (Or. Ct. App. 1990).
“Wife’s written request for fees cited ORS 107.445. The correct reference is ORS 107.”
In re Barrett, 867 P.2d 540 (Or. Ct. App. 1994).
· cites it 2× “She argues that, under ORS 107.445, she was entitled to a “reasonable” fee, which should be interpreted as the entire requested amount.”
In Re the Marriage of Berry, 271 P.3d 128 (Or. Ct. App. 2012).
· cites it 2× “In particular, this case does not involve a stipulated judgment of dissolution that included a prevailing party attorney fee provision, much less one that specifically anticipated enforcement proceedings.”
Smith v. Koors, 942 P.2d 807 (Or. Ct. App. 1997).
“In her fourth assignment, wife argues that the trial court erred in not awarding her one-half of husband's monthly "pension" of $498. Other than the claim of error, she makes no argument in support of this contention.”
In re the Marriage of Tiley, 936 P.2d 367 (Or. Ct. App. 1997).
“On cross-appeal, husband challenges the reasonableness of the amount of the trial court’s award of attorney fees to wife as the prevailing party in the contempt proceeding.”
Marriage of Bowers v. Bowers, 922 P.2d 722 (Or. Ct. App. 1996).
· cites it 2× “095, and for a judgment against one party in favor of the other or in favor of the other’s attorney for any further sums as additional attorney fees or additional costs and expenses of suit or defense as the court finds reasonably and necessarily incurred by such party; or, in…”
In re the Marriage of Woodruff, 599 P.2d 1182 (Or. Ct. App. 1979).
“ORS 107.445. Furthermore, we do not interpret the term "court costs” to include attorney’s fees.”
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