Oregon Law
Law as of Jan 1, 2026
Chapter contents
108.010Removal of spouse’s civil disabilities; spouse’s civil rights same as other spouse’s 108.015Domicile of married person or minor child 108.020Nonliability for other spouse’s obligations 108.030Liability of spouse for civil injuries committed by other spouse 108.040Liability of parents for expenses of family and education of children 108.045Liability of stepparent for expenses of family and education of children 108.050Nonliability of spouse’s property for other spouse’s obligations 108.060Noninterest of one spouse in property of other spouse 108.070[Repealed by 1999 c.182 §1] 108.080Civil remedies between spouses in respect of separate property 108.090Conveyances, transfers and liens between spouses; creation and dissolution of estates by entireties; validation of prior dissolutions 108.100Spouses as attorney in fact for each other 108.110Petition for support of spouse and children; rules 108.120Support judgment or order 108.130[Amended by 1965 c.619 §34; 1971 c.621 §23; 1975 c.607 §23; 1981 s.s. c.3 §89; 1983 c.673 §25; 2003 c.737 §§53,54; 2005 c.702 §§61,62,63; 2007 c.129 §22; 2007 c.493 §16; repealed by 2011 c.595 §10] 108.140[Repealed by 1987 c.715 §10] 108.510Revocation of election to come under terms of Community Property Law of 1943; fee 108.515Disposition of fees 108.520Effect of Act repealing Community Property Law of 1947 108.530Removal of community property status by agreement 108.540Removal of community property status by death of either spouse 108.550Reliance on spouse’s right to deal with property in spouse’s name 108.610[Formerly 184.885; 1983 c.480 §1; 2001 c.900 §237; renumbered 409.290 in 2005] 108.620[Formerly 184.890; 1983 c.480 §2; 1993 c.546 §97; renumbered 409.292 in 2005] 108.630[1981 c.357 §5; 1983 c.480 §3; renumbered 409.294 in 2005] 108.640[1981 c.357 §§6,8; 1983 c.480 §4; renumbered 409.296 in 2005] 108.650[1981 c.357 §7; renumbered 409.298 in 2005] 108.660[1981 c.357 §9; 1983 c.480 §5; 1995 c.79 §36; renumbered 409.300 in 2005] 108.662[1995 c.555 §5; 2001 c.829 §3; 2005 c.700 §6; renumbered 409.304 in 2005] 108.700Definitions for ORS 108.700 to 108.740 108.705Agreement to be in writing; consideration not required 108.710Subjects of agreement; child support not to be adversely affected 108.715Agreement effective upon marriage 108.720Modification of agreement; consideration not required 108.725Party may prove agreement unenforceable; when court may require support; determination of unconscionability 108.730Effect of void marriage 108.735Statute of limitations; defenses 108.740Short title; construction; severability

Chapter 108 — Spousal Relationships; Property Rights; Premarital Agreements

ORS 108.110 Petition for support of spouse and children; rules

(1)

Any married person may apply to the circuit court of the county in which the married person resides or in which the spouse may be found for an order upon the spouse to provide for support of the married person or for the support of minor children and children attending school, or both, and, if the married person initiating the action for support is a woman who is pregnant, her unborn child, or both, if her spouse is the natural father of such children, children attending school or unborn child or if her spouse is the adoptive parent of such children or children attending school. The married person initiating the action for support may apply for the order by filing in such county a petition setting forth the facts and circumstances upon which the married person relies for such order. If satisfied that a just cause exists, the court shall direct that the married person’s spouse appear at a time set by the court to show cause why an order of support should not be entered in the matter. The provisions of ORS 107.108 apply to an order entered under this section for the support of a child attending school.

(2)

As used in this section, “child attending school” has the meaning given that term in ORS 107.108.

(3)

The petitioner shall state in the petition, to the extent known:

(a)

Whether there is pending in this state or any other jurisdiction any type of support proceeding involving children of the marriage, including a proceeding brought under ORS 25.501 to 25.556, 107.085, 109.100, 125.025 or 419B.400 or ORS chapter 110; and

(b)

Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503, involving children of the marriage.

(4)

The petitioner shall include with the petition a certificate regarding any pending support proceeding and any existing support order. The petitioner shall use a certificate that is in a form established by court rule and include information required by court rule and subsection (3) of this section.

(5)

The provisions of this section apply equally regardless of which spouse is making application for a support order.

(6)

In any proceeding under this section, the obligee, as that person is defined in ORS 110.503, is a party to the proceeding.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.