Chapter 110 — Chapter 110
224 sections in this chapter.
ORS 110.505 Remedies cumulative; limitations. (1) 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
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(2) This chapter does not: (a) Provide the exclusive method of establishing or enforcing a support order under the law of this state; or (b) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding un…
ORS 110.510 Application to certain support proceedings. (1) 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
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(a) A foreign support order; (b) A foreign tribunal; or (c) An obligee, obligor or child residing in a foreign country. (2) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisio…
ORS 110.518 Bases for jurisdiction over nonresident; limitations. (1) 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
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(a) The individual is personally served with notice within this state; (b) The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jur…
ORS 110.520 Continuation of personal jurisdiction. 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. [2015 c.298 §8]
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[Repealed or reserved.]
ORS 110.522 Initiating and responding tribunals. 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. [2015 c.298 §9]
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[Repealed or reserved.]
ORS 110.524 Simultaneous proceedings in another state. (1) 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
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(a) 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 responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country; (b) The contesti…
ORS 110.527 Continuing, exclusive jurisdiction. (1) 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
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(a) At the time of the filing of a request for modification, this state is the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or (b) Even if this state is not the residence of the obligor, the individual obligee or the…
ORS 110.530 Tribunal of state as initiating or responding tribunal. (1) 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
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(a) 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 Family Support Act; or (b) A money judgment for arrears of support and interest on the order accrued before a …
ORS 110.533 Recognition of controlling child support order. (1) 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
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(2) 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 and same child, a tribunal of this state having personal jurisdiction over both t…
ORS 110.536 Multiple child support orders for two or more obligees. 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 orders had been issued by a tribunal of this state. [2015 c.298 §14]
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[Repealed or reserved.]
ORS 110.537 Credit for payments. 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. [2015 c.298 §15]
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[Repealed or reserved.]
ORS 110.539 Certain procedures in proceeding involving nonresident. 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 obtain discovery through a tribunal outside this state pursuant to ORS 110.590. In all other respects, ORS 110.542 to 110.641 do not apply and the tribunal shall apply the procedural and substantive law of this state. [2015 c.298 §16]
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[Repealed or reserved.]
ORS 110.540 Spousal support proceedings. (1) 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
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(2) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country. (3) A tribunal of this state that has continuin…
ORS 110.542 Proceedings under this chapter. (1) Except as otherwise provided in this chapter, ORS 110.542 to 110.591 apply to all proceedings under this chapter
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(2) 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 pleading directly in a tribunal of a…
ORS 110.545 Action by minor parent. 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. [2015 c.298 §19]
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[Repealed or reserved.]
ORS 110.548 Application of law of this state. Except as otherwise provided in this chapter, a responding tribunal of this state shall
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(1) 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 (2) Determine the duty of support and the amount payable in accordance with …
ORS 110.549 Duties of initiating tribunal. (1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents
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(a) To the responding tribunal or appropriate support enforcement agency in the responding state; or (b) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that the petition and accompanying documents be f…
ORS 110.551 Duties and powers of responding tribunal. (1) 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
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(2) A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following: (a) Establish or enforce a support order, modify a child support order, determine the controlling child support order or determine parentage of a child; (b) Or…
ORS 110.557 Inappropriate tribunal. 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. [2015 c.298 §23]
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[Repealed or reserved.]
ORS 110.560 Duties of support enforcement agency; reasonable efforts required for registration of orders. (1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter
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(2) A support enforcement agency of this state that is providing services to the petitioner shall: (a) Take all steps necessary to enable an appropriate tribunal of this state, another state or a foreign country to obtain jurisdiction over the respondent; (b) Request an appropria…
ORS 110.563 Duty of Attorney General; reciprocal arrangement with foreign country. (1) 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
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(2) The Attorney General may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination. [2015 c.298 §25]
ORS 110.566 Private counsel. An individual may employ private counsel to represent the individual in proceedings authorized by this chapter. [2015 c.298 §26]
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[Repealed or reserved.]
ORS 110.569 Duties of Attorney General’s office as state information agency. (1) The Attorney General’s office is the state information agency under this chapter
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(2) The state information agency shall: (a) 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…
ORS 110.572 Pleadings and accompanying documents. (1) 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, residential address and Social Security numbers of the obligor and the obligee or the parent and alleged parent and the name, sex, residential address, Social Security number and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent
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(2) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. [2015 c.298 §28]
ORS 110.575 Nondisclosure of identifying information in exceptional circumstances. 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 liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice. [2015 c.298 §29]
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[Repealed or reserved.]
ORS 110.578 Costs and fees. (1) The petitioner may not be required to pay a filing fee or other costs
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(2) 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 fee…
ORS 110.579 Limited immunity of petitioner. (1) 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
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(2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter. (3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this c…
ORS 110.581 Nonparentage as defense. 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. [2015 c.298 §32]
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[Repealed or reserved.]
ORS 110.584 Special rules of evidence and procedure. (1) 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
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(2) An affidavit, a document substantially complying with federally mandated forms or a document incorporated by reference in an affidavit or form that would not be excluded under the hearsay rule if given in person is admissible in evidence if given under penalty of perjury by a…
ORS 110.587 Communication between tribunals. 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 means to a tribunal outside this state. [2015 c.298 §34]
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[Repealed or reserved.]
ORS 110.590 Assistance with discovery. A tribunal of this state may
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(1) Request a tribunal outside this state to assist in obtaining discovery; and (2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state. [2015 c.298 §35]
ORS 110.591 Receipt and disbursement of payments; redirection of nonresident payments; receipt of payments from another state. (1) 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 received
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(2) If neither the obligor nor the obligee who is an individual nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall: (a) Direct that th…
ORS 110.592 Authority to issue support order. (1) 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
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(a) The individual seeking the order resides outside this state; or (b) The support enforcement agency seeking the order is located outside this state. (2) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the …
ORS 110.593 Determination of parentage. 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. [2015 c.298 §38]
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ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION
ORS 110.594 Income withholding order issued in another state. 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. [2015 c.298 §39]
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[Repealed or reserved.]
ORS 110.595 Employer’s compliance with income withholding order of another state. (1) Upon receipt of an income withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor
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(2) 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. (3) Except as otherwise provided in subsection (4) of this section and ORS 110.597, the employer shall withhold …
ORS 110.597 Employer’s compliance with multiple income withholding orders. 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 child support obligees. [2015 c.298 §41]
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[Repealed or reserved.]
ORS 110.598 Immunity from civil liability. 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. [2015 c.298 §42]
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[Repealed or reserved.]
ORS 110.600 Penalties for noncompliance. 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. [2015 c.298 §43]
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[Repealed or reserved.]
ORS 110.601 Contest by obligor. (1) 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 issued by a tribunal of this state
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(2) The obligor shall give notice of the contest to: (a) A support enforcement agency providing services to the obligee; (b) Each employer that has directly received an income withholding order relating to the obligor; and (c) The person designated to receive payments in the inco…
ORS 110.602 Administrative enforcement of order. (1) 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
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(2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income withholding order, …
ORS 110.605 Registration of order for enforcement. A support order or income withholding order issued in another state or a foreign support order may be registered in this state for enforcement. [2015 c.298 §46]
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[Repealed or reserved.]
ORS 110.607 Procedure to register order for enforcement. (1) 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
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(a) A letter of transmittal to the tribunal requesting registration and enforcement; (b) Two copies, including one certified copy, of the order to be registered, including any modification of the order; (c) A sworn statement by the person requesting registration or a certified st…
ORS 110.608 Effect of registration for enforcement. (1) 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
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(2) 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 this state. (3) Except as otherwise provided in this chapter, a tribunal of this state shall rec…
ORS 110.611 Choice of law. (1) Except as otherwise provided in subsection (4) of this section, the law of the issuing state or foreign country governs
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(a) The nature, extent, amount and duration of current payments under a registered support order; (b) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (c) The existence and satisfaction of other obligations under the…
ORS 110.614 Notice of registration of order. (1) 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
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(2) A notice must inform the nonregistering party: (a) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state; (b) That a hearing to contest the validity or enforcement of the registered orde…
ORS 110.617 Procedure to contest validity or enforcement of registered order. (1) 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 sought or the amount of any alleged arrearages pursuant to ORS 110.620
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(2) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law. (3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered s…
ORS 110.620 Contest of registration or enforcement. (1) 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
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(a) The issuing tribunal lacked personal jurisdiction over the contesting party; (b) The order was obtained by fraud; (c) The order has been vacated, suspended or modified by a later order; (d) The issuing tribunal has stayed the order pending appeal; (e) There is a defense under…
ORS 110.623 Effect of confirmation of 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. [2015 c.298 §53]
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(Registration and Modification of Child Support Order of Another State)
ORS 110.626 Registration of order for modification; petition for modification. 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. The pleading must specify the grounds for modification. [2015 c.298 §54]
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[Repealed or reserved.]