Oregon Law
Law as of Jan 1, 2024
Chapter contents
25.010Definitions for support enforcement laws 25.011“Address” defined 25.015When payment on support order begins; determining; notification of date 25.020When support payment to be made to Department of Justice; collection agency services; duties of department; credit for payments not made to department; rules 25.025Annual notice to parties receiving services under ORS 25.020 25.030When payment payable to bank account or escrow agent 25.040[Formerly 23.775; 1993 c.33 §281; 1993 c.448 §3; repealed by 1999 c.80 §95] 25.050[Formerly 23.777; 1989 c.633 §4; 1989 c.726 §4; 1991 c.519 §1; repealed by 1993 c.798 §21] 25.060[Formerly 23.780; repealed by 1999 c.80 §95] 25.070Order may include payment of support enforcement fees; limitation 25.075Cooperative agreements with Indian tribes or tribal organizations 25.080Entity primarily responsible for support enforcement services; duties; application fees; rules 25.081Access to records with Social Security number 25.082Administrative subpoenas; civil penalty; rules 25.083High-volume automated administrative enforcement services 25.084Assignment of rights or written application required for services; incorporation in judgment 25.085Service on obligee; methods 25.088Effect of dismissal of judicial proceeding on existing administrative order of support 25.089Enforcement and modification of child support judgments 25.090[Formerly 23.790; repealed by 1999 c.80 §95] 25.091Multiple child support judgments 25.095Later-issued child support judgment 25.100Designation of auxiliary court in county where party resides or property located 25.110Jurisdiction of designated auxiliary court 25.120[Formerly 23.805; 1993 c.33 §284; repealed by 1999 c.80 §95] 25.125Disposition of support obligation overpayments; liquidated debts in favor of state; rules 25.130Election of alternative support payment method; termination of election 25.140Copies of new or modified support orders to department 25.150Department to collect fees for services 25.160Referral of support cases to department; duration of collection services 25.164Payment of support through Department of Justice; application 25.165Application of support payments; rules 25.166Support payment due dates 25.167Procedure for determining arrearages 25.170Proceedings to require delinquent obligor to appear for examination of financial circumstances 25.180Examination of obligor’s financial circumstances 25.190Continuance of proceedings; certification of matter to court; service of notice to obligor and obligee 25.200Arrest of obligor for failure to appear 25.210Use of obligor’s property for delinquent support payments 25.213Assignment of proceeds of insurance policy to secure support obligation 25.220Computer records of administrator; evidence of authenticity not required in support proceedings; evidentiary effect 25.230Court authorized to require security for support payments 25.240Order to pay support by parent with legal custody of minor 25.241Suspension of enforcement or holdback of moneys received during pendency of certain actions; rules 25.243Grievance procedure; rules 25.245Rebuttable presumption of inability to pay child support when parent receiving certain assistance payments; rules 25.247Rebuttable presumption of inability to pay child support when obligor incarcerated; objection; reinstatment of support order; rules 25.250[1987 c.427 §1; repealed by 1993 c.798 §21] 25.255[1989 c.812 §2; 1991 c.67 §4; 1991 c.519 §2; 1993 c.33 §286; 1993 c.800 §1; 1995 c.506 §§12,12a; 1999 c.80 §10; 2003 c.73 §24a; 2003 c.75 §74; repealed by 2003 c.637 §14] 25.260Confidentiality of records; rules 25.265Access to information in Federal Parent Locator Service; rules 25.270Legislative findings 25.275Formula for determining child support awards; criteria to be considered; mandated standards; reduction; rules 25.280Formula amount presumed correct; rebuttal of presumption; criteria 25.285[1989 c.811 §5; repealed by 1991 c.519 §8 (25.287 enacted in lieu of 25.285 in 1993)] 25.287Proceedings to modify orders to comply with formula; when proceeding may be initiated; issues considered 25.290Determining disposable income of obligor; offsets; rules 25.310[1985 c.671 §4; 1989 c.812 §4; 1991 c.362 §2; repealed by 1993 c.798 §21] 25.311[1993 c.798 §5; 1995 c.608 §32; 1999 c.80 §2; 1999 c.735 §8; 1999 c.849 §§38,39; renumbered 25.378 in 1999] 25.313[1993 c.798 §3; renumbered 25.393 in 1999] 25.314[1993 c.798 §6; 1995 c.272 §6; 1997 c.704 §26; 1999 c.80 §3; renumbered 25.402 in 1999] 25.315[1993 c.798 §7; 1999 c.80 §4; renumbered 25.399 in 1999] 25.316[1993 c.798 §8; 1999 c.80 §5; 1999 c.735 §12; renumbered 25.405 in 1999] 25.317[1993 c.798 §9; 1999 c.735 §11; renumbered 25.396 in 1999] 25.318[1993 c.798 §10; renumbered 25.390 in 1999] 25.320[1985 c.671 §5; 1997 c.704 §27; renumbered 25.164 in 1999] 25.321Definitions for ORS 25.321 to 25.343 25.323Medical support 25.325Enforcing medical support; form of notice; rules 25.327Service of medical support notice 25.329Actions required after service of medical support notice; rules 25.330[1985 c.671 §6; 1991 c.588 §1; 1995 c.609 §5; 1997 c.704 §28; renumbered 25.167 in 1999] 25.331Obligation to withhold 25.333Contesting medical support notice 25.335Termination of support order 25.337Liability 25.339Priority of medical support notice 25.340[1985 c.671 §7; 1993 c.798 §35; renumbered 25.381 in 1999] 25.341Notice of termination of employer’s relationship with providing party 25.342Rules 25.343Authorization for reimbursement payments 25.350[Formerly 23.783; repealed by 1993 c.798 §21] 25.351[1993 c.798 §12; 1995 c.272 §1; 1997 c.704 §29; 1999 c.80 §6; renumbered 25.414 in 1999] 25.353[1993 c.798 §14; 1995 c.272 §7; 1997 c.704 §30; 1999 c.80 §7; renumbered 25.417 in 1999] 25.354[1995 c.272 §4; 1999 c.735 §15; renumbered 25.387 in 1999] 25.355[1993 c.798 §15; 1997 c.704 §31; 1999 c.80 §8; renumbered 25.411 in 1999] 25.357[1993 c.798 §16; renumbered 25.421 in 1999] 25.359[1993 c.798 §17; renumbered 25.408 in 1999] 25.360[Formerly 23.778; repealed by 1993 c.798 §21] 25.361[1993 c.798 §18; repealed by 1999 c.735 §23] 25.363[1993 c.798 §19; 1999 c.80 §9; renumbered 25.424 in 1999] 25.365[1993 c.798 §20; renumbered 25.427 in 1999] 25.367[1993 c.798 §2; 1995 c.608 §33; 1999 c.130 §3; renumbered 25.372 in 1999] 25.370[1985 c.671 §8; 1989 c.812 §5; 1993 c.798 §26; 1997 c.704 §32; renumbered 25.384 in 1999] 25.372Applicability 25.375Priority of withholding 25.378Payment of support by income withholding; initiation of income withholding 25.381Establishing income withholding as method of paying support; records 25.384Statement on withholding in support order 25.387Withholding more than amount authorized by law 25.390Amendment of support order not required for withholding 25.393Remedy additional to other remedies 25.396Exception to withholding; termination of withholding; rules 25.399Notice of order to withhold; contents of notice 25.402Service of order on withholder; contents 25.405Contesting order to withhold; basis 25.408Withholding is continuing obligation 25.410[1985 c.671 §13a; 1993 c.798 §27; 1993 c.800 §3; repealed by 1995 c.608 §46] 25.411When withholding begins; payment to Department of Justice or obligee 25.414Standard amount to be withheld; processing fee; rules 25.417Amount to be withheld when obligor paid more frequently than monthly 25.420[1985 c.671 §13; 1993 c.800 §4; repealed by 1995 c.608 §46] 25.421Procedure if withholder does not withhold support 25.424Liability of withholder; action against withholder; penalty; attorney fees; unlawful employment practice 25.427Rules 25.430[1985 c.671 §13b; repealed by 1995 c.608 §46] 25.440[1985 c.671 §14; repealed by 1995 c.608 §46] 25.450[1985 c.671 §15; 1989 c.520 §1; 1993 c.596 §9; 1993 c.798 §28; 1993 c.800 §5; repealed by 1995 c.608 §46] 25.460[1985 c.671 §16; 1993 c.596 §10; 1993 c.798 §29; repealed by 1995 c.608 §46] 25.470[1985 c.671 §17; 1993 c.798 §30; repealed by 1995 c.608 §46] 25.480[1985 c.671 §18; 1993 c.596 §11; 1993 c.798 §36; repealed by 1995 c.608 §46] 25.490[1985 c.671 §19; 1993 c.798 §37; repealed by 1995 c.608 §46] 25.500[1985 c.671 §20; 1993 c.798 §38; repealed by 1995 c.608 §46] 25.501Definitions for ORS 25.501 to 25.556 25.502Policy 25.503Parties to support proceedings; notice 25.505Authority of administrator and administrative law judge; rules 25.507Tribunals for establishment of paternity or for child support order 25.510[1985 c.671 §21; 1993 c.798 §39; repealed by 1995 c.608 §46] 25.511Notice and finding of financial responsibility; request for hearing; order 25.513Hearings procedure; parties; enforcement of order; appeal of order 25.515Past support; consolidation in court proceeding 25.517When order of support contingent on child residing in state financed or supported residence 25.520[1985 c.671 §22; 1993 c.798 §40; repealed by 1995 c.608 §46] 25.525Modification of order based on change in physical custody 25.527Motions to modify financial responsibility orders; service; temporary suspension of order during period of significant unemployment 25.529Filing order with court; order effective as circuit court judgment 25.530[1985 c.671 §23; repealed by 1995 c.608 §46] 25.531Multiple child support judgments 25.533Relief from compliance with order 25.540Notice of intent to establish and enforce arrearages; request for hearing; order 25.542Preventing transfer of assets to evade compliance with order 25.550Establishing paternity of child; certification of paternity issue to circuit court 25.552Certification of paternity issue to circuit or juvenile court; trial 25.554Reopening issue of paternity; order 25.556Expeditious court hearings 25.575Definitions for ORS 25.575 to 25.577 25.576Order for support of adjudicated youth or other offender 25.577Youth authority may enter into agreements for support enforcement services 25.610Procedure to collect support orders from state tax refunds; voluntary withholding; rules 25.620Procedures to collect past due support from state tax refunds; fees 25.625Federal tax offset; passport denial; rules 25.640Definitions for ORS 25.643 and 25.646 25.643Disclosure of information on obligors by financial institutions; fees; liability; rules 25.646Disclosure of financial records of customers by financial institutions; liability 25.650Information on past due support to consumer reporting agencies; rules 25.670Judgment lien on personal property 25.680Effect of lien; priority 25.690Foreclosure of lien 25.700[1993 c.763 §§2,4; repealed by 2003 c.576 §580] 25.710Duty of district attorney 25.715Child support paid from security deposit 25.720When support assignable 25.722[1993 c.798 §11; renumbered 25.375 in 1999] 25.725Child Support Deposit Fund 25.727Garnishing income of person required to provide health insurance for child eligible under Medicaid 25.729Application of laws to effectuate purposes of ORS chapter 110 25.750Suspension of licenses, certificates, permits and registrations; when authorized; rules 25.752Memberships in professional organizations that are required by state law 25.753[1993 c.365 §3; repealed by 1995 c.620 §13] 25.756Identifying persons holding licenses, certificates, permits and registrations 25.759Notice to persons subject to suspension; contents 25.762Agreement between obligor and administrator; effect of failure to contest suspension or to enter into agreement 25.765Procedure if obligor contacts administrator within time limits; hearing 25.768Judicial review of order 25.771Obligor holding more than one license, certificate, permit or registration 25.774Reinstatement 25.777Reimbursing issuing entities for costs incurred 25.780Other licenses, certificates, permits and registrations subject to suspension 25.783Confidentiality of information 25.785Issuing entities to require Social Security number 25.790Hiring, rehiring, engaging or reengaging individual; report required; contents 25.792Confidentiality 25.793Disclosure of employer-reported information 25.794Verification of employment; information about compensation and benefits; rules 25.990Penalties

Chapter 25 — Support Enforcement

ORS 25.165 Application of support payments; rules

The Division of Child Support of the Department of Justice shall adopt rules that:

(1)

Require distribution of payments to child, medical or spousal support obligations and arrears in any sequence that is consistent with federal law;

(2)

Permit the division to develop criteria for when the division may override the debtor’s designation of the particular support debt to which the payment of child support or spousal support is applied; and

(3)

Provide the manner in which payments of child, medical or spousal support shall be applied to principal and interest that is due and owing on such obligations and arrears, irrespective of any contrary law.

Note: 25.165 was added to and made a part of ORS

chapter 25 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.