224 sections in this chapter.
ORS 110.629 Effect of registration of order for modification. A tribunal of this state may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of ORS 110.632 or 110.636 have been met. [2015 c.298 §55]
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[Repealed or reserved.]
ORS 110.632 Modification of child support order of another state. (1) If ORS 110.636 does not apply, upon petition a tribunal of this state may modify a child support order issued in another state that is registered in this state if, after notice and hearing, the tribunal finds that
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(a) The following requirements are met: (A) Neither the child, nor the obligee who is an individual nor the obligor resides in the issuing state; (B) A petitioner who is a nonresident of this state seeks modification; and (C) The respondent is subject to the personal jurisdiction…
ORS 110.635 Enforcement and recognition of order modified by another state. If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state
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(1) May enforce its order that was modified only as to arrears and interest accruing before the modification; (2) May provide appropriate relief for violations of its order that occurred before the effective date of the modification; and (3) Shall recognize the modifying order of…
ORS 110.636 Jurisdiction to modify order of another state when individual parties reside in this state; applicable law. (1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state’s child support order in a proceeding to register that order
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(2) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of ORS 110.500 to 110.510, 110.518 to 110.540, 110.605 to 110.641 and the procedural and substantive law of this state to the proceeding for enforcement or modification. ORS 110.542…
ORS 110.637 Notice to issuing tribunal of modification of order. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. [2015 c.298 §59]
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(Registration and Modification of Foreign Child Support Order)
ORS 110.639 Jurisdiction to modify foreign child support order. (1) Except as otherwise provided in ORS 110.667, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to ORS 110.632 has been given or whether the individual seeking modification is a resident of this state or of the foreign country
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(2) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order. [2015 c.298 §60]
ORS 110.641 Procedure to modify foreign child support order. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state under 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 at another time. The petition must specify the grounds for modification. [2015 c.298 §61]
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SUPPORT PROCEEDING UNDER CONVENTION
ORS 110.645 Definitions. As used in ORS 110.645 to 110.669
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(1) “Application” means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. (2) “Central authority” means the entity designated by the United States or a foreign country …
ORS 110.647 Applicability. ORS 110.645 to 110.669 apply only to a support proceeding under the Convention. In such a proceeding, if a provision of ORS 110.645 to 110.669 is inconsistent with ORS 110.500 to 110.641, ORS 110.645 to 110.669 control. [2015 c.298 §63]
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[Repealed or reserved.]
ORS 110.649 Designated agency. The Department of Justice is recognized as the agency designated by the United States central authority to perform specific functions under the Convention. [2015 c.298 §64]
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[Repealed or reserved.]
ORS 110.650 Proceedings available under Convention. (1) In a support proceeding under ORS 110.645 to 110.669, the Department of Justice shall
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(a) Transmit and receive applications; and (b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state. (2) The following support proceedings are available to an obligee under the Convention: (a) Recognition or recognition and e…
ORS 110.653 Direct request for recognition and enforcement of order. (1) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies
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(2) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, ORS 110.655 to 110.669 apply. (3) In a direct request for recognition and enforcement of a Convention support order or foreign support agreem…
ORS 110.655 Registration of Convention support order. (1) Except as otherwise provided in ORS 110.645 to 110.669, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in ORS 110.605 to 110.641
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(2) Notwithstanding ORS 110.572 and 110.607 (1), a request for registration of a Convention support order must be accompanied by: (a) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the …
ORS 110.657 Contest of registered Convention support order. (1) Except as otherwise provided in ORS 110.645 to 110.669, ORS 110.614 to 110.623 apply to a contest of a registered Convention support order
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(2) A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the regist…
ORS 110.660 Recognition and enforcement of registered Convention support order. (1) Except as otherwise provided in subsection (2) of this section, a tribunal of this state shall recognize and enforce a registered Convention support order
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(2) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order: (a) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of t…
ORS 110.662 Partial recognition and enforcement of Convention support order. If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, the tribunal shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order. [2015 c.298 §70]
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[Repealed or reserved.]
ORS 110.665 Recognition and enforcement of registered foreign support agreement. (1) Except as otherwise provided in subsections (3) and (4) of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state
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(2) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: (a) A complete text of the foreign support agreement; and (b) A record stating that the foreign support agreement is enforceable as an order of support in t…
ORS 110.667 Modification of Convention support order; requirements. (1) A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless
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(a) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or (b) The foreign tribunal lacks or refuses to exercise jurisdiction to m…
ORS 110.668 Personal information; use. Personal information gathered or transmitted under ORS 110.645 to 110.669 may be used only for the purposes for which it was gathered or transmitted. [2015 c.298 §73]
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[Repealed or reserved.]
ORS 110.669 Language of filed record. A record filed with a tribunal of this state under ORS 110.645 to 110.669 must be in the original language and, if not in English, must be accompanied by an English translation. [2015 c.298 §74]
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INTERSTATE RENDITION
ORS 110.670 Grounds for rendition. (1) For purposes of this section and ORS 110.673, “governor” includes an individual performing the functions of governor or the executive authority of a state covered by this chapter
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(2) The Governor of this state may: (a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or (b) On the demand of the governor of another …
ORS 110.673 Conditions of rendition. (1) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail
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(2) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other indiv…
ORS 110.675 Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Uniform Interstate Family Support Act. [2015 c.298 §77; 2017 c.17 §4]
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[Repealed or reserved.]
ORS 110.677 Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [2015 c.298 §79]
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