Chapter 25 — Chapter 25

ORS 25.010 Definitions for child support laws. As used in ORS chapters 25, 107 and 109 and any other statutes providing for support payments or child support procedures, unless the context requires otherwise

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ORS 25.011 “Address” defined. As used in ORS chapters 25, 106, 107, 108, 109 and 110, when a person is required to provide an address, “address” means a residence, mailing or contact address in the same state as the person’s home. [1993 c.448 §1; 1995 c.608 §25; 2019 c.13 §6; 2025 c.99 §52]

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ORS 25.015 When payment on support order begins; determining; notification of date. (1) The Department of Justice shall notify the parties to a support order that payment is to commence on the first due date following the date of the notice when

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ORS 25.020 When support payment to be made to Department of Justice; collection agency services; duties of department; credit for payments not made to department; rules. (1) Support payments for or on behalf of any person that are ordered, registered or filed under this chapter or ORS chapter 107, 108, 109, 110, 419B or 419C, unless otherwise authorized by ORS 25.030, shall be made to the Department of Justice as the state disbursement unit

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ORS 25.025 Annual notice to parties receiving services under ORS 25.020. Once each year, the Department of Justice shall notify the parties in child support cases receiving services under ORS 25.020 of all the following

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ORS 25.030 When payment payable to bank account or escrow agent. (1) Support orders in respect of obligees not subject to ORS 25.020 may provide for payment under the order to a checking or savings account or by electronic transfer to an account maintained by an escrow agent, licensed under ORS 696.511, for distribution to the obligee, if the obligor and obligee have so elected or if the court in its discretion believes that payment to a checking or savings account or payment by electronic transfer to an account maintained by a licensed escrow agent will be in the best interest of the parties

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ORS 25.040 [Formerly 23.775; 1993 c.33 §281; 1993 c.448 §3; repealed by 1999 c.80 §95]

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ORS 25.050 [Formerly 23.777; 1989 c.633 §4; 1989 c.726 §4; 1991 c.519 §1; repealed by 1993 c.798 §21]

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ORS 25.060 [Formerly 23.780; repealed by 1999 c.80 §95]

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ORS 25.070 Order may include payment of support enforcement fees; limitation. Any judgment or order entered in a proceeding for the enforcement of any delinquent support obligation, including an order entered under ORS 25.378, shall include, on the motion of the Division of Child Support of the Department of Justice or the district attorney, if either has appeared in the case, an order for payment of any support enforcement fees required by law in addition to any other costs chargeable to the obligor, and in addition to the support obligation. The Department of Justice shall deduct the amount of any previously imposed support enforcement fees from any payment subsequently made by the obligor but the amount of the deduction shall not exceed 25 percent of any payment. The support enforcement fee, when collected, shall be paid to the Division of Child Support of the Department of Justice or the district attorney, whichever appeared in the case. [Formerly 23.787; 1993 c.798 §34; 1997 c.704 §15; 1999 c.80 §79; 2003 c.576 §294]

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ORS 25.075 Cooperative agreements with Indian tribes or tribal organizations. (1) Notwithstanding the provisions of ORS 25.080, the Department of Justice may enter into cooperative agreements with Indian tribes or tribal organizations within the borders of this state, if the Indian tribe or tribal organization demonstrates that the tribe or organization has an established tribal court system or a Court of Indian Offenses with the authority to

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ORS 25.080 Entity primarily responsible for child support services; duties; application fees; rules. (1) The following entity is primarily responsible for providing the child support services described in subsection (4) of this section when an application as described in ORS 25.084 is made, or when an assignment of support rights is made to the state

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ORS 25.081 Access to records with Social Security number. (1) Notwithstanding any other provision of law, an entity providing child support services under ORS 25.080 shall have access, using a Social Security number as an identifier, to any record required by law to contain the Social Security number of an individual

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ORS 25.082 Administrative subpoenas; civil penalty; rules. (1) When services are being provided under Title IV-D of the Social Security Act, the child support program of this or any other state may subpoena financial records and other information needed to establish parentage or to establish, modify or enforce a support order. The subpoena may be served on a party or on a public or private entity. Service of the subpoena may be by certified mail

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ORS 25.083 High-volume automated administrative enforcement services. (1) As necessary to meet the requirements of 42 U.S.C. 666(a)(14), the Division of Child Support of the Department of Justice, when requested by another state, shall provide high-volume automated administrative enforcement services. In providing services to another state under this section, the division may

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ORS 25.084 Assignment of rights or written application required for services; incorporation into request for support or support judgment. (1) The administrator may provide child support services as described in ORS 25.080 only if support rights have been assigned to the state or if a person has provided a written application to the administrator that

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ORS 25.085 Service on obligee; methods. (1)(a) In any proceeding under ORS 25.080, legal documents may be served upon an obligee by regular first class mail to the address at which the obligee receives public assistance or an address provided by the obligee or, if authorized by the obligee, by electronic mail or other electronic delivery method as described by the administrator by rule

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ORS 25.088 Effect of dismissal of judicial proceeding on existing administrative order of support. Unless otherwise provided, a general judgment of dismissal of a judicial proceeding under ORS chapter 107, 108 or 109 for want of prosecution under ORCP 54 B(3) does not dismiss an administrative support order that was entered under ORS 25.501 to 25.556 before the date of the dismissal where the parental parties involved in the judicial proceeding are the same as those affected by the administrative order of support. [2013 c.185 §2]

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ORS 25.089 Enforcement and modification of child support judgments. (1) As used in this section, “child support judgment” means the terms of a judgment or order of a court, or an order that has been filed under ORS 25.529, that provide for past or current child support, including medical support as defined in ORS 25.321. “Child support judgment” does not include any term of a judgment or order that deals with matters other than child support

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ORS 25.090 [Formerly 23.790; repealed by 1999 c.80 §95]

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ORS 25.091 Multiple child support judgments. (1) As used in this section

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ORS 25.095 Later-issued child support judgment. (1) As used in this section

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ORS 25.100 Designation of additional court in county where party resides or property located. (1) With respect to any order or judgment entered pursuant to ORS 25.501 to 25.556, 107.095, 107.105, 108.120, 109.155 or 419B.400 or ORS chapter 110, if a party seeking modification or enforcement of an order or judgment for the payment of money files a certificate to the effect that a party is presently in another county of this state, the court may, upon motion of the party, enter an order designating the circuit court of any county in this state in which the obligee or obligor resides, or in which property of the obligor is located, as an additional court for purposes of the order or judgment

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ORS 25.110 Jurisdiction of designated additional court. (1) Upon entry of an order designating an additional court under ORS 25.100, the additional court has jurisdiction to compel compliance with an order or judgment for payment of support the same as if it were the court that made and entered the original order or judgment

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ORS 25.120 [Formerly 23.805; 1993 c.33 §284; repealed by 1999 c.80 §95]

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ORS 25.125 Disposition of support obligation overpayments; liquidated debts in favor of state; rules. (1) The Department of Justice may return moneys to an obligor when the department determines that the obligor has paid more moneys than are due under a support obligation. However, when the obligor has an ongoing support obligation, the department may give the obligor credit for the excess amount paid and apply the credit to the future support obligation until the credit is fully used. When the department applies a credit to offset a future support obligation, the department shall so notify the obligee. The notice must inform the obligee that, if the obligee requests, the department will conduct an administrative review to determine if the record keeping and accounting related to the calculation of the credit balance is correct. The department shall conduct the administrative review within 30 days after receiving the request

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ORS 25.130 Election of alternative support payment method; termination of election. (1) The parties may elect to make support payments as provided in ORS 25.030 unless the provisions of ORS 25.020 (1) apply. The election terminates when the provisions of ORS 25.020 (1) apply subsequent to the election

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ORS 25.140 Copies of new or modified support orders to department. Counties that have heretofore transferred the collection, accounting and disbursement responsibilities to the Department of Justice, or that have elected not to maintain support collections, accounting and disbursement services, and clerks of courts not maintaining support collection services, shall forward to the department copies of all new and modified support orders, satisfactions or other pertinent documents in a timely manner. [Formerly 23.808; 1997 c.704 §20]

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ORS 25.150 Department to collect fees for services. The Department of Justice shall assess and collect any fees for establishment, enforcement, collection, accounting and disbursement services required by state law or administrative rule or by federal law or regulation, including the annual fee required under Title IV-D of the Social Security Act. [Formerly 23.815; 1997 c.704 §21; 1999 c.80 §81; 2007 c.878 §2]

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ORS 25.160 Referral of support cases to department; duration of collection services. (1) For the purposes of ORS 25.020, 25.030, 25.070, 25.080, 25.085 and 25.130 to 25.160, a child support case shall be referred to the Department of Justice for provision of collection, accounting and disbursement services if an application as described in ORS 25.084 is made to the district attorney or to the Division of Child Support and the case qualifies for child support services under federal regulations and state law

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ORS 25.164 Payment of support through Department of Justice; application. (1) If the payment method for support payments set forth in the support judgment does not require that payments be made through the Department of Justice, an application may be made to the department to enroll in child support services under this chapter and under federal laws and regulations relating to support payments and enforcement of judgments. An application under this section may be made by an obligee, by an obligor, by a person having physical custody of a minor child or by a child attending school, as defined in ORS 107.108

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ORS 25.165 Application of support payments; rules. The Division of Child Support of the Department of Justice shall adopt rules that

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ORS 25.166 Support payment due dates. (1) Any court order or administrative order issued or modified in a proceeding under ORS 25.501 to 25.556 or ORS chapter 107, 108, 109, 110, 419B or 419C that contains an order for the payment of child support or spousal support must specify an initial due date and year for the payment of support that is on the first day of a calendar month, with subsequent payments due on the first day of each subsequent month for which the support is payable

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ORS 25.167 Procedure for determining arrearages. This section establishes procedures for determining the amount of arrearage and for making a record of arrearage of support payments. All of the following apply to this section

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ORS 25.170 Proceedings to require delinquent obligor to appear for examination of financial circumstances. When a support obligation is more than one month in arrears, the Attorney General or a district attorney may upon motion obtain an order requiring the obligor to appear for the purpose of examination regarding the obligor’s financial circumstances. The court shall require the obligor to appear at a time and date certain at such place as may be appropriate. The order to appear shall inform the obligor that the obligor’s answers may be used in subsequent enforcement and possible criminal proceedings, and that the obligor has a right to be represented by an attorney at the examination. The order shall be served upon the obligor in the same manner as service of summons. The order to appear shall also be provided to the obligee by regular first class mail or, if authorized by the obligee, by electronic mail or other electronic delivery method as described by the administrator by rule. The obligee shall have the right to attend any such examination. [Formerly 23.835; 1989 c.599 §1; 1993 c.596 §4; 2025 c.99 §17]

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ORS 25.180 Examination of obligor’s financial circumstances. (1) The examination shall be conducted under oath by an employee of the Department of Justice or district attorney. The employee shall inform the obligor that the obligor’s answers may be used in subsequent enforcement and possible criminal proceedings, and that the obligor has a right to be represented by an attorney at the examination. A record of the examination may be made by either stenographic or electronic means. The obligor may be examined in regard to the obligor’s income and property, and to any matter relevant to the obligor’s ability to pay support

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ORS 25.190 Continuance of proceedings; certification of matter to court; service of notice to obligor and obligee. (1) The examination may be continued for further review of the obligor’s financial circumstances and employment, or the matter may be certified to the court for a contempt hearing on the issue of failure to pay support as ordered. If the examination is to be continued for further review or is to be certified to the court for a contempt hearing, the obligor shall be served at the examination with a notice stating the time, date and place for further examination or hearing before the court. Service may be made by an employee of the Department of Justice or district attorney

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ORS 25.200 Arrest of obligor for failure to appear. (1) If the obligor fails to appear for examination or further examination, the Attorney General or a district attorney may apply to the court which issued the order to appear for an order directing the issuance of a warrant for the arrest of the obligor. The motion shall be accompanied by an affidavit which shall state the relevant facts and whether the obligor contacted the Department of Justice or district attorney, as appropriate. If the court finds that the obligor had notice and failed to appear, the court shall order the issuance of a warrant for the arrest of the obligor in order to bring the obligor before the court to show cause why the obligor should not be held in contempt for a failure to appear as ordered

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ORS 25.210 Use of obligor’s property for delinquent support payments. If by examination of the obligor it appears that the obligor has any property liable to execution, the court, upon motion of the Attorney General or a district attorney, shall order that the obligor apply the same in satisfaction of the arrears or that the property be levied on by execution, or both. [Formerly 23.847; 1989 c.599 §5]

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ORS 25.213 Assignment of proceeds of insurance policy to secure support obligation. If by examination of the obligor under ORS 25.170, it appears that the obligor is the beneficiary and owner of an insurance policy on the life of the child, the court, upon motion of the Attorney General or a district attorney, may order that the obligor assign to the obligee the rights to as much of the proceeds of the insurance policy as necessary to secure the obligation to make support payments, if assignment is permitted in the policy. This assignment shall be in addition to any other security ordered by the court. [1997 c.54 §2]

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ORS 25.220 Computer records of administrator; evidence of authenticity not required in support proceedings; evidentiary effect. (1) In any proceeding to establish, enforce or modify a support obligation, extrinsic evidence of authenticity is not required as a condition precedent to the admission of a computer record of the administrator that may reflect the employment records of a parent, the support payment record of an obligor, the payment of public assistance, the amounts paid, the period during which public assistance was paid, the persons receiving or having received assistance and any other pertinent information, if the record bears a seal purporting to be that of the administrator and is certified as a true copy by original, electronic or facsimile signature of a person purporting to be an officer or employee of the administrator. Records certified in accordance with this section constitute prima facie evidence of the existence of the facts stated therein

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ORS 25.230 Court authorized to require security for support payments. Whenever a court has entered an order for the payment of support, the court may provide for such security, bond or other guarantee satisfactory to the court to secure the obligation to make support payments. [Formerly 23.865]

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ORS 25.240 Order to pay support by parent with legal custody of minor. Notwithstanding any other law, when a court or the administrator has the authority under ORS chapter 107, 108, 109 or 110 or ORS 25.501 to 25.556 or 419B.400 to 419B.406 to require a parent without legal custody to pay support for a minor child, the court or administrator may require a parent with legal custody to pay support for the child as long as that parent does not have physical custody of the child or is not providing the child with the necessities of life, including but not limited to lodging, food and clothing. [1985 c.610 §11; 1993 c.33 §368; 1995 c.608 §28; 2001 c.455 §5; 2019 c.13 §13; 2021 c.597 §48]

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ORS 25.241 Suspension of enforcement or holdback of moneys received during pendency of certain actions; rules. (1) Subject to subsection (2) of this section, when an action is pending to modify, terminate, satisfy, vacate or set aside a support order, the administrator may

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ORS 25.243 Grievance procedure; rules. In addition to any other hearing rights authorized by law, an applicant for services provided under ORS 25.080 and any party to a child support order for which services are provided under ORS 25.080 may file a grievance with the Department of Justice concerning any service provided under ORS 25.080. The department shall adopt rules establishing a process for handling grievances under this section. The process must provide that grievances not involving a public child support agency in another state be addressed no later than 90 days after the grievance is submitted to the department. [1995 c.608 §45; 2003 c.73 §23]

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ORS 25.245 Rebuttable presumption of inability to pay child support when parent receiving certain assistance payments; rules. (1) Notwithstanding any other provision of Oregon law, a parent who is eligible for and receiving cash payments under ORS 412.001 to 412.069, Title IV-A of the Social Security Act, the general assistance program as provided in ORS chapter 411 or a general assistance program of another state or tribe, the Oregon Supplemental Income Program or the federal Supplemental Security Income Program shall be rebuttably presumed unable to pay child support and a child support obligation does not accrue unless the presumption is rebutted

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ORS 25.247 Rebuttable presumption of inability to pay child support when obligor incarcerated; objection; reinstatement of support order; rules. (1) An obligor who is incarcerated for a period of 180 or more consecutive days shall be rebuttably presumed unable to pay child support and a child support obligation does not accrue for the duration of the incarceration unless the presumption is rebutted as provided in this section or as determined by the court

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ORS 25.250 [1987 c.427 §1; repealed by 1993 c.798 §21]

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ORS 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]

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ORS 25.260 Confidentiality of records; rules. (1) Unless otherwise authorized by law, child support records, including data contained in the Oregon Child Support Program’s automated system, are confidential and may be disclosed or used only as necessary for the administration of the program

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