110.005 [1953 c.427 §27; 1979 c.484 §1; repealed by 1995 c.608 §46]repealed
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Oregon Revised Statutes
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This chapter may be cited as the Uniform Interstate Family Support Act.
As used in this chapter: “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent. “Child support order” means a support order for a child, including a child who has attained the…
The tribunals of this state are the circuit court, the administrator as defined in ORS 25.010, the Department of Justice or an administrative law judge of the Employment Department, as appropriate. The Division of Child Support of the Department of Justice is the support enforcement agency of this state.
Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. This chapter does not: Provide the exclusive method of establishing or enforcing a support order under the law of this state; or Grant a tribunal of this state jurisdiction to…
A tribunal of this state shall apply ORS 110.500 to 110.641 and, as applicable, ORS 110.645 to 110.669 to a support proceeding involving: A foreign support order; A foreign tribunal; or An obligee, obligor or child residing in a foreign country. A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may…
In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if: The individual is personally served with notice within this state; The individual submits to the jurisdiction of this state by…
Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by ORS 110.527, 110.530 and 110.540.
Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country.
A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if: The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a re…
A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and: At the time of the filing of a request for modification, this state is the residence of the obligor, the individual obligee…
A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce: The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Famil…
If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized. If a proceeding is brought under this chapter and two or more child support orders have been issued by tribunals of this state, another state or a foreign country with regard to the same obligor an…
In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the ord…
A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state or a foreign country.
A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order or recognizing a foreign support order may receive evidence from outside this state pursuant to ORS 110.584, communicate with a tribunal outside this state pursuant to ORS 110.587 and obtai…
A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continu…
Except as otherwise provided in this chapter, ORS 110.542 to 110.591 apply to all proceedings under this chapter. An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable plead…
A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child.
Except as otherwise provided in this chapter, a responding tribunal of this state shall: Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and Determine the duty of support and the amount payable in accordance wi…
Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents: To the responding tribunal or appropriate support enforcement agency in the responding state; or If the identity of the responding tribunal is unknown, to the state information agency of the responding st…
When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to ORS 110.542 (2), the responding tribunal shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. A responding tribunal of this state, to the extent not prohibited by other law…
If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.
A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter. A support enforcement agency of this state that is providing services to the petitioner shall: Take all steps necessary to enable an appropriate tribunal of this state, another state or a foreign country to obtain jurisdictio…
If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may order the agency to perform its duties under this chapter or may provide those services directly to the individual. The Attorney General may determine that a foreign country has established a recipro…
An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
The Attorney General’s office is the state information agency under this chapter. The state information agency shall: Compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of eve…
In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under ORS 110.575, the petition or accompanying documents must provide, so far as known, the name,…
If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety or…
The petitioner may not be required to pay a filing fee or other costs. If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee’s witnesses. The tribunal may not assess fees, costs or …
Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. A petitioner is not amenable to service of civil process while physically presen…
A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.
The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage of a child. An affidavit, a document substantially complying with federally mandated forms or a document incorporated by refer…
A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail or other means to obtain information concerning the laws of that tribunal, the legal effect of a judgment, decree or order of that tribunal and the status of a proceeding. A tribunal of this state may furnish similar information by similar…
A tribunal of this state may: Request a tribunal outside this state to assist in obtaining discovery; and Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments rec…
If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if: The individual seeking the order resides outside this state; or The support enforcement agency seeking the order is located outside this state. The tribunal may iss…
A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter. ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION
An income withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor’s employer under the income withholding law of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
Upon receipt of an income withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor. The employer shall treat an income withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state. Except as otherwise provided in subsection (4) of this section a…
If an obligor’s employer receives two or more income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withheld for two or more ch…
An employer that complies with an income withholding order issued in another state in accordance with ORS 110.594 to 110.602 is not subject to civil liability to an individual or agency with regard to the employer’s withholding of child support from the obligor’s income.
An employer that willfully fails to comply with an income withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in ORS 110.605 to 110.641 or otherwise contesting the order in the same manner as if the order had been…
A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued in another state, or a foreign support order, may send the documents required for registering the order to a support enforcement agency of this state. Upon receipt of the documents, the support enforcement agency, without initially seekin…
A support order or income withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
Except as otherwise provided in ORS 110.655, a support order or income withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state: A letter of transmittal to the tribunal requesting registration and enforcement; Two copies, including one certified …
A support order or income withholding order issued in another state, or a foreign support order, is registered when the order is filed in the registering tribunal of this state. A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of t…
Except as otherwise provided in subsection (4) of this section, the law of the issuing state or foreign country governs: The nature, extent, amount and duration of current payments under a registered support order; The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and The existence and satisfactio…
When a support order or income withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. A notice must inform the nonregist…
A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by ORS 110.614. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order or to contest the remedies being soug…
A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: The issuing tribunal lacked personal jurisdiction over the contesting party; The order was obtained by fraud; The order has been vacated, suspended or modified by a later order;…
Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. (Registration and Modification of Child Support Order of Another State)
A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in ORS 110.605 to 110.623 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or later. T…
A tribunal of this state may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of ORS 110.632 or 110.636 have been met.
If ORS 110.636 does not apply, upon petition a tribunal of this state may modify a child support order issued in another state that is registered in this state if, after notice and hearing, the tribunal finds that: The following requirements are met: Neither the child, nor the obligee who is an individual nor the obligor resides in the issuing state; A pe…
If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state: May enforce its order that was modified only as to arrears and interest accruing before the modification; May provide appropriate relief for violati…
If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state’s child support order in a proceeding to register that order. A tribunal of this state exercising jurisdiction under this section shall apply the provisions of…
Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fail…
Except as otherwise provided in ORS 110.667, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification…
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state under ORS 110.605 to 110.623 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or at another time. The petit…
As used in ORS 110.645 to 110.669: “Application” means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. “Central authority” means the entity designated by the United States or a foreign country described in ORS 110.503 (5)(d) to perform the func…
ORS 110.645 to 110.669 apply only to a support proceeding under the Convention. In such a proceeding, if a provision of ORS 110.645 to 110.669 is inconsistent with ORS 110.500 to 110.641, ORS 110.645 to 110.669 control.
The Department of Justice is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
In a support proceeding under ORS 110.645 to 110.669, the Department of Justice shall: Transmit and receive applications; and Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state. The following support proceedings are available to an obligee under the Convention: Recognition or recognition and enforc…
A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies. A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, ORS 110.655 to 110.669 apply. In a …
Except as otherwise provided in ORS 110.645 to 110.669, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in ORS 110.605 to 110.641. Notwithstanding ORS 110.572 and 110.607 (1), a request for registration of a Convention support order must be acco…
Except as otherwise provided in ORS 110.645 to 110.669, ORS 110.614 to 110.623 apply to a contest of a registered Convention support order. A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must b…
Except as otherwise provided in subsection (2) of this section, a tribunal of this state shall recognize and enforce a registered Convention support order. The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order: Recognition and enforcement of the order is …
If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, the tribunal shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
Except as otherwise provided in subsections (3) and (4) of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state. An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: A complete text of the foreign support agreement; and A r…
A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless: The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first availab…
Personal information gathered or transmitted under ORS 110.645 to 110.669 may be used only for the purposes for which it was gathered or transmitted.
A record filed with a tribunal of this state under ORS 110.645 to 110.669 must be in the original language and, if not in English, must be accompanied by an English translation. INTERSTATE RENDITION
For purposes of this section and ORS 110.673, “governor” includes an individual performing the functions of governor or the executive authority of a state covered by this chapter. The Governor of this state may: Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having fai…
Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this cha…
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Uniform Interstate Family Support Act.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. _______________