Oregon Revised Statutes
As used in ORS chapters 25, 107 and 109 and any other statutes providing for support payments or child support procedures, unless the context requires otherwise: “Administrator” means either the Administrator of the Division of Child Support of the Department of Justice or a district attorney, or the administrator’s or a district attorney’s authorized repre…
As used in ORS chapters 25, 106, 107, 108, 109 and 110, when a person is required to provide an address, “address” means a residence, mailing or contact address in the same state as the person’s home. Note: 25.011 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative actio…
The Department of Justice shall notify the parties to a support order that payment is to commence on the first due date following the date of the notice when: The department receives a copy of a support order of a court that requires payments to be made through the department or for which there is an application for child support services; The department c…
Support payments for or on behalf of any person that are ordered, registered or filed under this chapter or ORS chapter 107, 108, 109, 110, 419B or 419C, unless otherwise authorized by ORS 25.030, shall be made to the Department of Justice as the state disbursement unit: During periods for which support is assigned under ORS 412.024, 418.032 or 419B.406; A…
Once each year, the Department of Justice shall notify the parties in child support cases receiving services under ORS 25.020 of all the following: When physical custody of a child changes from the obligee to the obligor, the obligation to pay child support for the child is not automatically terminated. When a physical change of custody of a child occurs, …
Support orders in respect of obligees not subject to ORS 25.020 may provide for payment under the order to a checking or savings account or by electronic transfer to an account maintained by an escrow agent, licensed under ORS 696.511, for distribution to the obligee, if the obligor and obligee have so elected or if the court in its discretion believes that …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
Any judgment or order entered in a proceeding for the enforcement of any delinquent support obligation, including an order entered under ORS 25.378, shall include, on the motion of the Division of Child Support of the Department of Justice or the district attorney, if either has appeared in the case, an order for payment of any support enforcement fees requi…
Notwithstanding the provisions of ORS 25.080, the Department of Justice may enter into cooperative agreements with Indian tribes or tribal organizations within the borders of this state, if the Indian tribe or tribal organization demonstrates that the tribe or organization has an established tribal court system or a Court of Indian Offenses with the authorit…
The following entity is primarily responsible for providing the child support services described in subsection (4) of this section when an application as described in ORS 25.084 is made, or when an assignment of support rights is made to the state: The Division of Child Support of the Department of Justice: If support rights are, or were within the past fi…
Notwithstanding any other provision of law, an entity providing child support services under ORS 25.080 shall have access, using a Social Security number as an identifier, to any record required by law to contain the Social Security number of an individual. To the maximum extent feasible, a public body maintaining records described in ORS 25.785, including …
When services are being provided under Title IV-D of the Social Security Act, the child support program of this or any other state may subpoena financial records and other information needed to establish parentage or to establish, modify or enforce a support order. The subpoena may be served on a party or on a public or private entity. Service of the subpoen…
As necessary to meet the requirements of 42 U.S.C. 666(a)(14), the Division of Child Support of the Department of Justice, when requested by another state, shall provide high-volume automated administrative enforcement services. In providing services to another state under this section, the division may: Through automated data matches with financial institu…
The administrator may provide child support services as described in ORS 25.080 only if support rights have been assigned to the state or if a person has provided a written application to the administrator that: Is signed by the person; and Indicates that the person is applying for child support services. An application to enroll in services with the Oreg…
In any proceeding under ORS 25.080, legal documents may be served upon an obligee by regular first class mail to the address at which the obligee receives public assistance or an address provided by the obligee or, if authorized by the obligee, by electronic mail or other electronic delivery method as described by the administrator by rule. When service is …
Unless otherwise provided, a general judgment of dismissal of a judicial proceeding under ORS chapter 107, 108 or 109 for want of prosecution under ORCP 54 B(3) does not dismiss an administrative support order that was entered under ORS 25.501 to 25.556 before the date of the dismissal where the parental parties involved in the judicial proceeding are the sa…
As used in this section, “child support judgment” means the terms of a judgment or order of a court, or an order that has been filed under ORS 25.529, that provide for past or current child support, including medical support as defined in ORS 25.321. “Child support judgment” does not include any term of a judgment or order that deals with matters other than …
No operative statutory text appears at this designation in the selected edition.
As used in this section: “Child support judgment” has the meaning given that term in ORS 25.089. “Governing child support judgment” means a child support judgment issued in this state that addresses child support, including medical support as defined in ORS 25.321, and is entitled to exclusive prospective enforcement or modification with respect to any ear…
As used in this section: “Administrator” has the meaning given that term in ORS 25.010. “Child support judgment” has the meaning given that term in ORS 25.089. Notwithstanding the provisions of ORS 25.089, 25.091 and 25.531 to the contrary, the terms of a child support judgment are terminated by the terms of a later-issued child support judgment if: The …
With respect to any order or judgment entered pursuant to ORS 25.501 to 25.556, 107.095, 107.105, 108.120, 109.155 or 419B.400 or ORS chapter 110, if a party seeking modification or enforcement of an order or judgment for the payment of money files a certificate to the effect that a party is presently in another county of this state, the court may, upon moti…
Upon entry of an order designating an additional court under ORS 25.100, the additional court has jurisdiction to compel compliance with an order or judgment for payment of support the same as if it were the court that made and entered the original order or judgment. The only courts that have jurisdiction to modify any provision of the original order or jud…
No operative statutory text appears at this designation in the selected edition.
The Department of Justice may return moneys to an obligor when the department determines that the obligor has paid more moneys than are due under a support obligation. However, when the obligor has an ongoing support obligation, the department may give the obligor credit for the excess amount paid and apply the credit to the future support obligation until t…
The parties may elect to make support payments as provided in ORS 25.030 unless the provisions of ORS 25.020 (1) apply. The election terminates when the provisions of ORS 25.020 (1) apply subsequent to the election. The election must be in writing and filed with the court that entered the support order. The election must be signed by both the obligor and th…
Counties that have heretofore transferred the collection, accounting and disbursement responsibilities to the Department of Justice, or that have elected not to maintain support collections, accounting and disbursement services, and clerks of courts not maintaining support collection services, shall forward to the department copies of all new and modified su…
The Department of Justice shall assess and collect any fees for establishment, enforcement, collection, accounting and disbursement services required by state law or administrative rule or by federal law or regulation, including the annual fee required under Title IV-D of the Social Security Act.
For the purposes of ORS 25.020, 25.030, 25.070, 25.080, 25.085 and 25.130 to 25.160, a child support case shall be referred to the Department of Justice for provision of collection, accounting and disbursement services if an application as described in ORS 25.084 is made to the district attorney or to the Division of Child Support and the case qualifies for …
If the payment method for support payments set forth in the support judgment does not require that payments be made through the Department of Justice, an application may be made to the department to enroll in child support services under this chapter and under federal laws and regulations relating to support payments and enforcement of judgments. An applicat…
The Division of Child Support of the Department of Justice shall adopt rules that: Require distribution of payments to child, medical or spousal support obligations and arrears in any sequence that is consistent with federal law; Permit the division to develop criteria for when the division may override the debtor’s designation of the particular support de…
Any court order or administrative order issued or modified in a proceeding under ORS 25.501 to 25.556 or ORS chapter 107, 108, 109, 110, 419B or 419C that contains an order for the payment of child support or spousal support must specify an initial due date and year for the payment of support that is on the first day of a calendar month, with subsequent paym…
This section establishes procedures for determining the amount of arrearage and for making a record of arrearage of support payments. All of the following apply to this section: A record of support payment arrearage may be established by: Court order; A governing child support judgment issued under ORS 25.091 or 25.531; Administrative order issued under …
When a support obligation is more than one month in arrears, the Attorney General or a district attorney may upon motion obtain an order requiring the obligor to appear for the purpose of examination regarding the obligor’s financial circumstances. The court shall require the obligor to appear at a time and date certain at such place as may be appropriate. T…
The examination shall be conducted under oath by an employee of the Department of Justice or district attorney. The employee shall inform the obligor that the obligor’s answers may be used in subsequent enforcement and possible criminal proceedings, and that the obligor has a right to be represented by an attorney at the examination. A record of the examinat…
The examination may be continued for further review of the obligor’s financial circumstances and employment, or the matter may be certified to the court for a contempt hearing on the issue of failure to pay support as ordered. If the examination is to be continued for further review or is to be certified to the court for a contempt hearing, the obligor shall…
If the obligor fails to appear for examination or further examination, the Attorney General or a district attorney may apply to the court which issued the order to appear for an order directing the issuance of a warrant for the arrest of the obligor. The motion shall be accompanied by an affidavit which shall state the relevant facts and whether the obligor …
If by examination of the obligor it appears that the obligor has any property liable to execution, the court, upon motion of the Attorney General or a district attorney, shall order that the obligor apply the same in satisfaction of the arrears or that the property be levied on by execution, or both.
If by examination of the obligor under ORS 25.170, it appears that the obligor is the beneficiary and owner of an insurance policy on the life of the child, the court, upon motion of the Attorney General or a district attorney, may order that the obligor assign to the obligee the rights to as much of the proceeds of the insurance policy as necessary to secur…
In any proceeding to establish, enforce or modify a support obligation, extrinsic evidence of authenticity is not required as a condition precedent to the admission of a computer record of the administrator that may reflect the employment records of a parent, the support payment record of an obligor, the payment of public assistance, the amounts paid, the pe…
Whenever a court has entered an order for the payment of support, the court may provide for such security, bond or other guarantee satisfactory to the court to secure the obligation to make support payments.
Notwithstanding any other law, when a court or the administrator has the authority under ORS chapter 107, 108, 109 or 110 or ORS 25.501 to 25.556 or 419B.400 to 419B.406 to require a parent without legal custody to pay support for a minor child, the court or administrator may require a parent with legal custody to pay support for the child as long as that pa…
Subject to subsection (2) of this section, when an action is pending to modify, terminate, satisfy, vacate or set aside a support order, the administrator may: Suspend enforcement of the support order; or Hold some or all moneys received from, or received on behalf of, an obligor under a support order for possible refund, reallocation or redistribution upo…
In addition to any other hearing rights authorized by law, an applicant for services provided under ORS 25.080 and any party to a child support order for which services are provided under ORS 25.080 may file a grievance with the Department of Justice concerning any service provided under ORS 25.080. The department shall adopt rules establishing a process for…
Notwithstanding any other provision of Oregon law, a parent who is eligible for and receiving cash payments under ORS 412.001 to 412.069, Title IV-A of the Social Security Act, the general assistance program as provided in ORS chapter 411 or a general assistance program of another state or tribe, the Oregon Supplemental Income Program or the federal Suppleme…
An obligor who is incarcerated for a period of 180 or more consecutive days shall be rebuttably presumed unable to pay child support and a child support obligation does not accrue for the duration of the incarceration unless the presumption is rebutted as provided in this section or as determined by the court. The Department of Justice and the Department of…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
Unless otherwise authorized by law, child support records, including data contained in the Oregon Child Support Program’s automated system, are confidential and may be disclosed or used only as necessary for the administration of the program. In administering the Oregon Child Support Program, the program may: In accordance with rules adopted under subsecti…
The Department of Justice shall adopt rules establishing a procedure by which a person authorized under federal law may access information in the Federal Parent Locator Service. Note: 25.265 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Orego…
The Legislative Assembly finds that: The federal Family Support Act of 1988 mandates that the state must establish a formula for child support award amounts that is applicable in any judicial or administrative proceeding for the award of child support. It is further mandated that the amount of child support determined by the formula must be presumed to be …
The Division of Child Support of the Department of Justice shall establish by rule a formula for determining child support awards in any judicial or administrative proceeding. In establishing the formula, the division shall take into consideration the following criteria: All earnings, income and resources of each parent, including real and personal property…
In any judicial or administrative proceeding for the establishment or modification of a child support obligation under ORS chapter 107, 108, 109 or 110 or ORS 25.501 to 25.556, 419B.400, 419B.923 or 419C.610, the amount of support determined by the formula established under ORS 25.275 is presumed to be the correct amount of the obligation. This is a rebuttab…
No operative statutory text appears at this designation in the selected edition.
The entity providing child support services under ORS 25.080 may initiate proceedings to modify a support obligation to ensure that the support obligation is in accordance with the formula established under ORS 25.275. Proceedings under this subsection may occur only after three years have elapsed, or such shorter cycle as determined by rule of the Departme…
In determining the disposable income of an obligor, the obligor may claim offsets against gross receipts for ordinary and necessary business expenses and taxes directly related to the income withheld. The obligor has the burden of proof and must furnish documentation to support any offsets claimed. The Department of Justice may adopt rules governing the det…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in ORS 25.321 to 25.343: “Cash medical support” means an amount that a parent is ordered to pay to defray the cost of health care coverage provided for a child by the other parent or a public body, or to defray uninsured medical expenses of the child. “Child support order” means a judgment or administrative order that creates child support rights a…
Every child support order must include a medical support clause. Whenever a child support order that does not include a medical support clause is modified the modification must include a medical support clause. A medical support clause may require that medical support be provided in more than one form, and may make the requirement that medical support be p…
When a child support order with a medical support clause is entered, the court or the enforcing agency may issue a qualified medical child support order as provided in section 609 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1169). The qualified medical child support order shall direct the providing party’s employer, or the plan administ…
The enforcing agency shall serve the medical support notice on the providing party’s employer as a withholder. The notice may be served upon the withholder or the withholder’s registered agent, corporate officer, bookkeeper, accountant, person responsible for payroll or local office manager by: Personal service; Any type of mail that is calculated to give …
When the enforcing agency serves a medical support notice on an employer: The employer shall comply with the provisions in the medical support notice; The plan administrator and the employer shall treat the medical support notice as an application by the enforcing agency for health care coverage for the named child under the health benefit plan to the exte…
No operative statutory text appears at this designation in the selected edition.
Upon notification from the plan administrator that the child is enrolled in the health benefit plan, the employer shall withhold from the providing party’s compensation the providing party’s share, if any, of premiums for the health benefit plan. The employer shall forward the amount withheld as required by the health benefit plan. The withholding required …
When the enforcing agency issues a medical support notice under ORS 25.325, the enforcing agency shall notify the parties: That the notice has been served to the providing party’s employer; and Of the providing party’s rights and duties under the notice. The enforcing agency shall provide the notice required under this subsection by regular first class ma…
When child support services are being provided under ORS 25.080, the enforcing agency shall notify the employer when there is no longer in effect a support order requiring health care coverage for which the enforcing agency is responsible. However, termination of the health care coverage is governed by the health benefit plan’s provisions for termination and…
If the plan administrator or the employer fails to comply with the requirements described in ORS 25.329 or 25.331, the enforcing agency or obligee may bring a civil action against the plan administrator or employer for medical expenses, the providing party’s share of the premiums, attorney fees and costs. An employer commits an unlawful employment practice …
A medical support notice issued under ORS 25.325 has priority over any previously filed attachment, execution, garnishment or assignment of income other than a withholding order issued for monetary support, unless otherwise requested by the obligee.
No operative statutory text appears at this designation in the selected edition.
When an employer is unable to continue withholding from a providing party’s compensation because the relationship between the employer and the providing party ends, the employer shall send the enforcing agency a written notice within 15 days of the termination of the relationship. The notice must include the providing party’s name, the providing party’s last…
The Department of Justice may adopt all rules necessary for implementation of ORS 25.321 to 25.343.
The signature of the obligee or guardian of a child covered by a health benefit plan is a valid authorization for purposes of processing an insurance reimbursement payment to the provider of the health services as provided in ORS 743B.470.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
ORS 25.372 to 25.427 apply to current support, arrears and interest on arrears, independently or combined, whether arrears are owed to an obligee, the state or a foreign jurisdiction.
Except as provided in ORS 25.339, withholding under ORS 25.378 has priority over any other legal process under Oregon law against the same income.
Except as otherwise provided in ORS 25.396, when a support order is entered or modified by the Division of Child Support, a district attorney, an administrative law judge or a circuit court, including a juvenile court, the order must include a provision requiring the obligor to pay support by income withholding regardless of whether child support services ar…
Whenever child support services are being provided under ORS 25.080, support rights are not and have not at any time during the past five months been assigned to this or another state, and no arrearages under a support order are so assigned, the administrator shall provide, upon request of an obligor or obligee, services sufficient to permit establishment of…
Any child support order issued or modified after October 1, 1989, shall include a statement in substantially the following form: ______________________________________________________________________________ NOTICE OF INCOME WITHHOLDING The support order is enforceable by income withholding under ORS 25.372 to 25.427. Withholding shall occur immediately, …
Notwithstanding ORS 25.414 and 656.234, the court upon motion of a party holding the support rights, the Division of Child Support or the district attorney, and after a hearing, may order the withholding of more than the amount otherwise authorized by law. In no case may an order require payment of an amount that exceeds the limits imposed by the Consumer Cr…
Disposable income is subject to an order to withhold to satisfy a support obligation without the need for any amendment to the support order involved or for any further action, other than those actions required or permitted under ORS 25.378.
Collection of support by withholding income pursuant to ORS chapter 25 is in addition to any other remedy provided by law for the enforcement of support.
When a court or the administrator enters or modifies a support order, the court or administrator may grant an exception to income withholding required under ORS 25.378 if the court or administrator makes a written finding that there is good cause not to require income withholding. Good cause exists when there is proof of timely payment of previously ordered …
When an order to withhold is issued under ORS 25.378, the party or entity initiating the action shall provide to the obligor a copy of the order to withhold or a notice stating: That withholding has commenced; The amount to be withheld and the amount of arrears, if any; That the order to withhold applies to any current or subsequent withholder or period o…
The party initiating the support action shall serve the order to withhold on the withholder. The order may be personally served upon the withholder or the withholder’s registered agent, an officer of the corporation, bookkeeper, accountant, person responsible for payroll or local office manager or may be served by any type of mail which is calculated to give…
An obligor contesting an order to withhold issued under ORS 25.378 must do so within 30 days from the date income is first withheld pursuant to the order to withhold. The obligor may not contest an order to withhold issued under ORS 25.378 (5). The only basis for contesting the order to withhold is a mistake of fact. “Mistake of fact” means an error in the …
The withholding required by the order is a continuing obligation. The notice and the withholding required by the order remain in effect and are binding upon the withholder until further notice from the court or the entity issuing the notice.
No operative statutory text appears at this designation in the selected edition.
The withholder shall start withholding not later than the first pay period occurring five days after the date of the order to withhold. However, if on the date the employer receives the order the employer has already calculated the payroll for that pay period and has prepared the paycheck or submitted a deposit for that payroll, the employer shall start with…
The withholder shall withhold from the obligor’s disposable monthly income, other than workers’ compensation under ORS chapter 656 or unemployment compensation under ORS chapter 657, the amount stated in the order to withhold. The entity issuing the order to withhold shall compute this amount subject to the following: If withholding is for current support o…
When an obligor is required to pay support by income withholding and is paid more often than monthly, the withholder shall withhold up to the full amount specified in the order to withhold, based on the obligor’s pay period as specified in the order to withhold. The amount withheld may not exceed the maximum amount allowed under ORS 25.414 (8).
No operative statutory text appears at this designation in the selected edition.
If for any reason a withholder does not withhold support in any month, the withholder shall explain the reason for not withholding. The withholder shall send the explanation for not withholding to the person or entity to whom the withholder sends payments and shall send the explanation on the date that the withholder would normally send a payment. If the wit…
A person who is served with an order to withhold is not subject to civil liability to an individual or agency for conduct or actions in compliance with the order if: The order is served on the person in the manner provided by ORS 25.402 (1); The order is regular on its face; and The order complies with ORS 25.402 (2). A person who is served with an order…
The Department of Justice shall make rules and take action as is necessary to carry out the purposes of ORS 25.372 to 25.427.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in ORS 25.501 to 25.556, unless the context requires otherwise: “Alleged genetic parent” has the meaning given that term in ORS 109.002. “Combined relationship index” means the product of all tested relationship indices. “Court” means any circuit court of this state and any court in another state having jurisdiction to determine the liability of p…
It is the public policy of this state that dependent children shall be maintained, as much as possible, from the resources of both of the parents, thereby relieving or avoiding, at least in part, the burden often borne by single parents or by the general citizenry through public assistance programs. The existing remedies pertaining to family desertion and no…
In any proceeding under ORS 25.501 to 25.556, the following are parties and shall be given notice of any such proceeding by the administrator: The State of Oregon. An obligee who has physical custody of a child for whose benefit a support order or an order establishing parentage is sought, is being modified or is being enforced under ORS 25.501 to 25.556. …
In any individual case, commencing with the payment of public assistance, with the application for child support services under ORS 25.080 by an individual not receiving public assistance or upon receipt of a written request for enforcement of a support obligation from another jurisdiction’s Title IV-D of the Social Security Act child support program or an a…
Except as otherwise provided in subsection (2) of this section, the administrator may act as the tribunal described in ORS 110.504 in the establishment of parentage or of a child support order, or in the modification or enforcement of a child support order. When a hearing is requested pursuant to ORS 25.513, the tribunal is the Office of Administrative Hear…
No operative statutory text appears at this designation in the selected edition.
At any time after the state is assigned support rights, a public assistance payment is made, an application for child support services under ORS 25.080 is made by an individual who is not a recipient of public assistance or a written request for enforcement of a support obligation is received from another jurisdiction’s Title IV-D of the Social Security Act …
When a party requests a hearing pursuant to ORS 25.511, 25.517, 25.525, 25.527 (1) or 25.540, the contested case provisions of ORS chapter 183 apply except as provided in subsection (6) of this section. Except as provided in ORS 25.550, hearings shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings. The admin…
Past support may not be ordered for any period of time prior to the later of: The date of the most recent application for service from the Oregon Child Support Program administered under Title IV-D of the Social Security Act; or In the case of a mandatory referral based on the receipt of public assistance, the date of the last referral to the program. If …
An order for support entered pursuant to ORS 25.501 to 25.556 for a child in the care and custody of the Department of Human Services may be made contingent upon the child residing in a state financed or supported residence, shelter or other facility or institution. A certificate signed by the Director of Human Services or the Administrator of the Division o…
No operative statutory text appears at this designation in the selected edition.
An order for support of a child entered under ORS 25.501 to 25.556 may provide for a change to the support award based on a change in the child’s physical custody. The order may provide for a change in the support award during periods of time when one parent, with the knowledge and consent of the other parent or pursuant to court order, has physical custody …
Any time child support services are being provided under ORS 25.080, the obligor, the obligee, the party holding the support rights or the administrator may move for the existing order to be modified under this section. The motion must be in writing in a form prescribed by the administrator, must set out the reasons for modification and must state the addres…
The documents required to be filed for purposes of subsection (2) of this section include all the following: A true copy of any order entered, filed or registered by the administrator or administrative law judge pursuant to ORS 25.501 to 25.556 or ORS chapter 110. A true copy of the return of service, if applicable. A separate statement containing the inf…
No operative statutory text appears at this designation in the selected edition.
As used in this section: “Child support judgment” has the meaning given that term in ORS 25.089. “Governing child support judgment” has the meaning given that term in ORS 25.091. Notwithstanding any other provision of this section or ORS 25.089, when two or more child support judgments exist involving the same obligor and child, and when one or more of th…
The court may, upon such terms as may be just at any time within one year after notice thereof, relieve a parent from an administrative order taken against that parent because of mistake, inadvertence, surprise or excusable neglect.
The administrator may issue a notice of intent to establish and enforce arrearages for any support order that is registered, filed or entered in this state. The notice must be served upon the obligor in the manner prescribed for service of summons in a civil action, mailed to the obligor at the obligor’s last-known address by certified mail, return receipt r…
If at any time subsequent to service, receipt or refusal of a notice pursuant to ORS 25.511, and prior to the entry of an order, the administrator reasonably believes that the parent is about to transfer, encumber, convey, sell, remove, secrete, waste or otherwise dispose of property which could be made subject to collection action to satisfy the order for p…
The administrator may establish parentage of a child in the course of a support proceeding under ORS 25.501 to 25.556 when both parents sign statements that parentage has not been legally established and that the alleged genetic parent is the parent of the child. The administrator may enter an order which establishes parentage. If the alleged genetic parent…
Except as provided in subsection (2) of this section, when a response denying parentage and requesting a hearing is received pursuant to ORS 25.511 (3), or parentage is a valid issue as determined by the administrator under ORS 25.550, the certification to the circuit court shall be to the court in the judicial district: Where the child resides or is locate…
Except as provided in subsection (9) of this section, no later than one year after an order establishing parentage is entered under ORS 25.529 and if genetic testing has not been completed, a party may apply to the administrator to have the issue of parentage reopened and for an order for genetic testing. No later than one year after a voluntary acknowledgm…
The Supreme Court by administrative order shall provide, where necessary, for expeditious hearings on all matters referred to the circuit court pursuant to ORS 25.542 or 25.552.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
Whenever child support services are being provided, the administrator may request the Department of Revenue, through the Department of Justice or its designee, to collect past due child and spousal support from income tax refunds due to the obligor. The request shall be based upon the payment record maintained under ORS 25.020. If support payment records ha…
The Department of Revenue shall establish procedures consistent with ORS 25.610 to collect past due child and spousal support from income tax refunds due to the obligor in the same manner that other delinquent accounts are collected under ORS 293.250. The Department of Revenue shall establish procedures to ensure that when an obligor has filed a joint incom…
The Department of Justice may furnish to the United States Secretary of Health and Human Services certifications appropriate to and required for action by the secretary to offset federal income tax returns and to deny, revoke or limit passports of individuals owing child support arrearages. The department shall adopt rules to carry out the purposes of subse…
For purposes of ORS 25.643 and 25.646: “Account” means a demand deposit account, checking or negotiable withdrawal order account, savings account, share draft account, time deposit account, money-market mutual fund account or a claim for insurance benefits or payments of at least $500, not including a claim for property damage, under a liability insurance p…
The Department of Justice and financial institutions doing business in this state shall enter into agreements to develop and operate a data match system using automated data exchanges to the maximum extent feasible. Pursuant to the agreements, financial institutions shall provide, for each calendar quarter, the name, address, Social Security number or other…
Upon request of the administrator and the receipt of the certification required under subsection (2) of this section, a financial institution shall provide financial records of a customer or claimant. In requesting information under subsection (1) of this section, the administrator shall provide the name and Social Security number of the person whose financ…
As used in this section, “consumer reporting agency” means any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and that use…
Whenever there is a judgment for unpaid child or spousal support, a lien arises by operation of law on any personal property owned by the obligor, and the lien continues until the liability for the unpaid support is satisfied or the judgment or renewal thereof has expired. For purposes of this section and ORS 25.680 and 25.690, liability for the unpaid suppo…
Whenever a notice of claim of lien has been recorded under ORS 25.670 (2), the owner of the personal property may not release, sell, transfer, pay over, encumber or convey the personal property that is the subject of the lien until the Department of Justice or person to whom the support is or was owed or, if services are being provided under ORS 25.080, the …
A lien arising pursuant to ORS 25.670 may be foreclosed in the manner set out in ORS 87.262 or ORS chapter 18 or in any other manner permitted under law.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The court may order that the portion of a security deposit made under ORS 135.265 that would otherwise be returned to the person who made the deposit or the amount of child support arrearages, whichever is less, be paid to an obligee or the Division of Child Support of the Department of Justice if: The defendant is an obligor who owes child support arrearag…
Except as provided in ORS 25.125, 412.024, 418.032 or 419B.406 or subsection (2) of this section, the right to receive child or spousal support payments under ORS 25.501 to 25.556 and ORS chapters 107, 108, 109, 110, 419B and 419C is not assignable, and any transaction in violation of this section is void. Notwithstanding the provisions of subsection (1) of…
No operative statutory text appears at this designation in the selected edition.
The Child Support Deposit Fund is established in the State Treasury separate and distinct from the General Fund. Interest earned by the Child Support Deposit Fund shall be credited to the fund. All moneys in the Child Support Deposit Fund are appropriated continuously for use by the Department of Justice as the state disbursement unit. All moneys received b…
The Department of Justice, or its designee, may garnish the wages, salary or other employment income of, and withhold amounts from state tax refunds to, any person who: Is required by court or administrative order to provide coverage of the cost of health services to a child eligible for medical assistance under Medicaid; and Has received payment from a th…
Any provision in the laws of this state relating to establishment, modification and enforcement of support may be applied to effectuate the purposes of ORS chapter 110 to the extent that such application is not inconsistent with ORS chapter 110. SUSPENSION OF OCCUPATIONAL AND DRIVER LICENSES
All licenses, certificates, permits or registrations that a person is required by state law to possess in order to engage in an occupation or profession or to use a particular occupational or professional title, all annual licenses issued to individuals by the Oregon Liquor and Cannabis Commission, all driver licenses or permits issued by the Department of T…
As used in ORS 25.750 to 25.783, “licenses, certificates, permits or registrations” includes, but is not limited to, memberships in professional organizations that are required by state law in order to engage in a profession.
No operative statutory text appears at this designation in the selected edition.
The Department of Justice shall enter into agreements regarding the identification of persons who are subject to the provisions of ORS 25.750 to 25.783 and who hold licenses, certificates, permits or registrations with: The Oregon Liquor and Cannabis Commission; All entities that issue licenses, certificates, permits or registrations that a person is requi…
Upon identification of a person subject to suspension under ORS 25.750 to 25.783, the administrator may issue a notice, sent by regular first class mail to both the address of record as shown in the records of the issuing entity and the address of record as shown on the administrator’s child support file or, if authorized by the person, sent by electronic ma…
If the administrator is contacted within 30 days of the date of the notice specified in ORS 25.759, the administrator and the obligor may enter into an agreement as provided for by rule of the Department of Justice. If no contest is filed or if no agreement is entered into within the time prescribed by ORS 25.750 to 25.783, or if the obligor fails to comply …
If the obligor makes the contact within 30 days of the date of the notice as provided for in ORS 25.759, the administrator shall provide the obligor with the opportunity to contest the suspension on the bases set forth in ORS 25.759 (5). The administrator shall determine whether suspension should occur. If the administrator determines that suspension should …
The order of the administrative law judge is final and is subject to judicial review as provided in ORS 183.482. Any suspension under ORS 25.750 to 25.783 is not stayed pending judicial review.
In the event that an obligor holds more than one license, certificate, permit or registration described in ORS 25.750, any determination regarding suspension of one license, certificate, permit or registration is sufficient to suspend any other license, certificate, permit or registration described in ORS 25.750.
When, at any time after suspension under ORS 25.750 to 25.783, the conditions resulting in the suspension no longer exist, the administrator shall so notify the issuing entity and shall confirm that the license, certificate, permit or registration may be reinstated contingent upon the requirements of the issuing entity. Until the issuing entity receives noti…
The Department of Justice shall enter into agreements to reimburse issuing entities for their costs of compliance with ORS 25.750 to 25.783 to the extent that those costs are eligible for Federal Financial Participation under Title IV-D of the Social Security Act.
In addition to any other grounds for suspension provided by law: The Oregon Liquor and Cannabis Commission and any entity that issues licenses, certificates, permits or registrations that a person is required by state law to possess to engage in an occupation, profession or recreational hunting or fishing or to use a particular occupational or professional …
Any entity described in ORS 25.756 that receives an inquiry as to the status of a person who has had a license, certificate, permit or registration suspended under ORS 25.750 to 25.783 shall respond only that the license, certificate, permit or registration was suspended pursuant to ORS 25.750 to 25.783. The entity shall not release or make other use of info…
Any state agency, board or commission that is authorized to issue an occupational, professional, recreational or driver license, certificate, permit or registration subject to suspension under ORS 25.750 to 25.783 shall require that an individual’s Social Security number be recorded on an application for, or form for renewal of, a license, certificate, permi…
An employer shall report to the Division of Child Support of the Department of Justice the hiring or rehiring, or the engagement or reengagement, of an individual who resides or works in the state and to whom the employer anticipates paying earnings if the employer: Has employees or independent contractors working only in this state; or Is a multistate emp…
Information received under ORS 25.790 is confidential and exempt from public disclosure, except that the Division of Child Support of the Department of Justice shall provide information to other public agencies, upon request, as required by law.
Subject to the limitations provided in subsection (2) of this section, the Division of Child Support of the Department of Justice may enter into agreements with other divisions of the Department of Justice, with the Department of Revenue or with the Employment Department for the provision of information reported to the Division of Child Support by an employe…
Upon the request of the administrator or an equivalent agency providing child support services in another state, all persons or entities in the state, including but not limited to for-profit, nonprofit and government employers, shall verify the employment of individuals and provide, in addition and if requested, information about compensation and benefits pa…
Violation of ORS 25.720 (3) is a Class A violation. Violation of ORS 25.260 is a Class C misdemeanor. Violation of ORS 25.785 (3) is a Class A misdemeanor. _______________