ORS 25.287 Proceedings to modify orders to comply with formula; when proceeding may be initiated; issues considered

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 Department of Justice, from the latest of the following:

The date the original support obligation took effect;

The date any previous modification of the support obligation took effect; or

The date of any previous review and determination under this subsection that resulted in no modification of the support obligation.

For purposes of paragraph (b) of this subsection, a support obligation or modification takes effect on the first date on which the obligor is to pay the established or modified support amount.

The only issues at proceedings under this subsection are whether three years have elapsed, or such shorter cycle as determined by rule of the department, and whether the support obligation is in substantial compliance with the formula established under ORS 25.275.

Upon review, if the administrator determines that a support obligation does not qualify for modification under this section, a party may appeal the administrator’s decision under ORS 183.484.

If the court, the administrator or an administrative law judge finds that more than three years have elapsed, or such shorter cycle as determined by rule of the department, the court, the administrator or the administrative law judge shall modify the support order to bring the support obligation into substantial compliance with the formula established under ORS 25.275, regardless of whether there has been a substantial change in circumstances since the support obligation was last established, modified or reviewed. Proceedings by the administrator or administrative law judge under this subsection shall be conducted according to the provisions of ORS 25.513 and 25.527.

The provisions of this subsection apply to any support obligation established by a support order under this chapter or ORS chapter 107, 108, 109 or 110 or ORS 419B.400.

Notwithstanding subparagraph (A) of this paragraph, if a support order is suspended under ORS 25.245 or 25.247, the provisions of this subsection apply to the support obligation upon reinstatement of the support order.

The entity providing child support services shall state in the document initiating the proceeding, to the extent known:

Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the child, including a proceeding brought under ORS 25.501 to 25.556, 107.085, 107.135, 107.431, 108.110, 109.100, 109.103, 109.158, 125.025 or 419B.400 or ORS chapter 110; and

Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503, involving the child, other than the support obligation the entity seeks to modify.

The entity providing child support services shall include with the document initiating the proceeding a certificate regarding any pending support proceeding and any existing support order other than the support obligation the entity seeks to modify. The entity providing child support services shall use a certificate that is in a form prescribed by the administrator and must include information required by the administrator and subsection (2) of this section.

The administrator, court or administrative law judge may use the provisions of subsection (1) of this section when a support order was entered in another state and registered in Oregon, the provisions of ORS chapter 110 apply and more than three years have elapsed, or such shorter cycle as determined by rule of the department.

Notwithstanding the provisions of this section, proceedings may be initiated at any time to modify a support obligation based upon a substantial change of circumstances under any other provision of law.

The obligee is a party to any action to modify a support obligation under this section.