Chapter 25 — Chapter 25

ORS 25.390 Amendment of support order not required for withholding. Disposable income is subject to an order to withhold to satisfy a support obligation without the need for any amendment to the support order involved or for any further action, other than those actions required or permitted under ORS 25.378. [Formerly 25.318]

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ORS 25.393 Remedy additional to other remedies. Collection of support by withholding income pursuant to ORS chapter 25 is in addition to any other remedy provided by law for the enforcement of support. [Formerly 25.313]

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ORS 25.396 Exception to withholding; termination of withholding; rules. (1) When a court or the administrator enters or modifies a support order, the court or administrator may grant an exception to income withholding required under ORS 25.378 if the court or administrator makes a written finding that there is good cause not to require income withholding. Good cause exists when there is proof of timely payment of previously ordered support and when initiating or continuing income withholding would not be in the best interests of the child

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ORS 25.399 Notice of order to withhold; contents of notice. (1) When an order to withhold is issued under ORS 25.378, the party or entity initiating the action shall provide to the obligor a copy of the order to withhold or a notice stating

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ORS 25.402 Service of order on withholder; contents. (1)(a) The party initiating the support action shall serve the order to withhold on the withholder. The order may be personally served upon the withholder or the withholder’s registered agent, an officer of the corporation, bookkeeper, accountant, person responsible for payroll or local office manager or may be served by any type of mail which is calculated to give actual notice and is addressed to one of the persons listed above

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ORS 25.405 Contesting order to withhold; basis. (1) An obligor contesting an order to withhold issued under ORS 25.378 must do so within 30 days from the date income is first withheld pursuant to the order to withhold. The obligor may not contest an order to withhold issued under ORS 25.378 (5)

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ORS 25.408 Withholding is continuing obligation. The withholding required by the order is a continuing obligation. The notice and the withholding required by the order remain in effect and are binding upon the withholder until further notice from the court or the entity issuing the notice. [Formerly 25.359]

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ORS 25.410 [1985 c.671 §13a; 1993 c.798 §27; 1993 c.800 §3; repealed by 1995 c.608 §46]

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ORS 25.411 When withholding begins; payment to Department of Justice or obligee. (1) The withholder shall start withholding not later than the first pay period occurring five days after the date of the order to withhold. However, if on the date the employer receives the order the employer has already calculated the payroll for that pay period and has prepared the paycheck or submitted a deposit for that payroll, the employer shall start withholding no later than the second pay period occurring after the date of the order to withhold

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ORS 25.414 Standard amount to be withheld; processing fee; rules. (1) The withholder shall withhold from the obligor’s disposable monthly income, other than workers’ compensation under ORS chapter 656 or unemployment compensation under ORS chapter 657, the amount stated in the order to withhold. The entity issuing the order to withhold shall compute this amount subject to the following

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ORS 25.417 Amount to be withheld when obligor paid more frequently than monthly. When an obligor is required to pay support by income withholding and is paid more often than monthly, the withholder shall withhold up to the full amount specified in the order to withhold, based on the obligor’s pay period as specified in the order to withhold. The amount withheld may not exceed the maximum amount allowed under ORS 25.414 (8). [Formerly 25.353; 2001 c.455 §11]

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ORS 25.420 [1985 c.671 §13; 1993 c.800 §4; repealed by 1995 c.608 §46]

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ORS 25.421 Procedure if withholder does not withhold support. If for any reason a withholder does not withhold support in any month, the withholder shall explain the reason for not withholding. The withholder shall send the explanation for not withholding to the person or entity to whom the withholder sends payments and shall send the explanation on the date that the withholder would normally send a payment. If the withholder does not send a payment because the obligor is no longer employed by the withholder, the withholder may include in the explanation the name and address of the obligor’s new employer, if known. A withholder is not liable to the obligor for disclosure of this information. [Formerly 25.357]

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ORS 25.424 Liability of withholder; action against withholder; penalty; attorney fees; unlawful employment practice. (1) A person who is served with an order to withhold is not subject to civil liability to an individual or agency for conduct or actions in compliance with the order if

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ORS 25.427 Rules. The Department of Justice shall make rules and take action as is necessary to carry out the purposes of ORS 25.372 to 25.427. [Formerly 25.365; 2003 c.73 §34]

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ORS 25.430 [1985 c.671 §13b; repealed by 1995 c.608 §46]

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ORS 25.440 [1985 c.671 §14; repealed by 1995 c.608 §46]

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ORS 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]

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ORS 25.460 [1985 c.671 §16; 1993 c.596 §10; 1993 c.798 §29; repealed by 1995 c.608 §46]

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ORS 25.470 [1985 c.671 §17; 1993 c.798 §30; repealed by 1995 c.608 §46]

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ORS 25.480 [1985 c.671 §18; 1993 c.596 §11; 1993 c.798 §36; repealed by 1995 c.608 §46]

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ORS 25.490 [1985 c.671 §19; 1993 c.798 §37; repealed by 1995 c.608 §46]

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ORS 25.500 [1985 c.671 §20; 1993 c.798 §38; repealed by 1995 c.608 §46]

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ORS 25.501 Definitions for ORS 25.501 to 25.556. As used in ORS 25.501 to 25.556, unless the context requires otherwise

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ORS 25.502 Policy. It is the public policy of this state that dependent children shall be maintained, as much as possible, from the resources of both of the parents, thereby relieving or avoiding, at least in part, the burden often borne by single parents or by the general citizenry through public assistance programs. The existing remedies pertaining to family desertion and nonsupport of dependent children are to be augmented by the additional remedies provided in ORS 25.501 to 25.556 which are directed to the real and personal property resources of the responsible parents. These additional remedies are not in lieu of existing law. ORS 25.501 to 25.556 shall be liberally construed and administered to implement the policy stated in this section. [Formerly 416.405]

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ORS 25.503 Parties to support proceedings; notice. (1) In any proceeding under ORS 25.501 to 25.556, the following are parties and shall be given notice of any such proceeding by the administrator

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ORS 25.505 Authority of administrator and administrative law judge; rules. (1) In any individual case, commencing with the payment of public assistance, with the application for child support services under ORS 25.080 by an individual not receiving public assistance or upon receipt of a written request for enforcement of a support obligation from another jurisdiction’s Title IV-D of the Social Security Act child support program or an authorized foreign country as described in ORS 110.503 (5), the administrator may take action under ORS 25.501 to 25.556. The administrator and, as appropriate, the administrative law judge, may establish, modify and terminate support orders, require health care coverage for dependent children, collect child support and establish parentage of alleged genetic parents of children without presumed parents, acknowledged parents or adjudicated parents, as those terms are defined in ORS 109.002, other than the persons who gave birth to the children

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ORS 25.507 Tribunals for establishment of parentage or for child support order. (1) Except as otherwise provided in subsection (2) of this section, the administrator may act as the tribunal described in ORS 110.504 in the establishment of parentage or of a child support order, or in the modification or enforcement of a child support order

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ORS 25.510 [1985 c.671 §21; 1993 c.798 §39; repealed by 1995 c.608 §46]

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ORS 25.511 Notice and proposed child support order; request for hearing; final child support order. (1)(a) At any time after the state is assigned support rights, a public assistance payment is made, an application for child support services under ORS 25.080 is made by an individual who is not a recipient of public assistance or a written request for enforcement of a support obligation is received from another jurisdiction’s Title IV-D of the Social Security Act child support program or an authorized foreign country as described in ORS 110.503 (5), the administrator may, if there is no court order or administrative support order, issue a notice and proposed order. The notice shall be served upon the parent in the manner prescribed for service of summons in a civil action, by certified mail, return receipt requested, or by any other mail service with delivery confirmation. Notices that involve the establishment of parentage must be served by personal service. All notices may be personally served by the administrator

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ORS 25.513 Hearings procedure; parties; enforcement of order; appeal of order. (1) When a party requests a hearing pursuant to ORS 25.511, 25.517, 25.525, 25.527 (1) or 25.540, the contested case provisions of ORS chapter 183 apply except as provided in subsection (6) of this section

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ORS 25.515 Past support; consolidation in court proceeding. (1) Past support may not be ordered for any period of time prior to the later of

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ORS 25.517 When order of support contingent on child residing in state financed or supported residence. An order for support entered pursuant to ORS 25.501 to 25.556 for a child in the care and custody of the Department of Human Services may be made contingent upon the child residing in a state financed or supported residence, shelter or other facility or institution. A certificate signed by the Director of Human Services or the Administrator of the Division of Child Support shall be sufficient to establish the periods of residence and to satisfy the order for periods of nonresidence. A hearing to contest the period of nonresidency or failure to satisfy shall be held pursuant to ORS 25.513. [Formerly 416.417; 2021 c.597 §32a]

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ORS 25.520 [1985 c.671 §22; 1993 c.798 §40; repealed by 1995 c.608 §46]

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ORS 25.525 Modification of order based on change in physical custody. (1) An order for support of a child entered under ORS 25.501 to 25.556 may provide for a change to the support award based on a change in the child’s physical custody. The order may provide for a change in the support award during periods of time when one parent, with the knowledge and consent of the other parent or pursuant to court order, has physical custody of the child. The provision may not provide for a change to the support award during periods of parenting time or visitation

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ORS 25.527 Motions to modify orders; service; temporary suspension of order during period of significant unemployment. (1) Any time child support services are being provided under ORS 25.080, the obligor, the obligee, the party holding the support rights or the administrator may move for the existing order to be modified under this section. The motion must be in writing in a form prescribed by the administrator, must set out the reasons for modification and must state the address of the party requesting modification

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ORS 25.529 Filing order with court; order effective as circuit court judgment. (1) The documents required to be filed for purposes of subsection (2) of this section include all the following

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ORS 25.530 [1985 c.671 §23; repealed by 1995 c.608 §46]

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ORS 25.531 Multiple child support judgments. (1) As used in this section

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ORS 25.533 Relief from compliance with order. The court may, upon such terms as may be just at any time within one year after notice thereof, relieve a parent from an administrative order taken against that parent because of mistake, inadvertence, surprise or excusable neglect. [Formerly 416.465]

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ORS 25.540 Notice of intent to establish and enforce arrearages; request for hearing; order. (1) The administrator may issue a notice of intent to establish and enforce arrearages for any support order that is registered, filed or entered in this state. The notice must be served upon the obligor in the manner prescribed for service of summons in a civil action, mailed to the obligor at the obligor’s last-known address by certified mail, return receipt requested, or sent by any other mail service with delivery confirmation. The administrator shall provide the notice 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

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ORS 25.542 Preventing transfer of assets to evade compliance with order. If at any time subsequent to service, receipt or refusal of a notice pursuant to ORS 25.511, and prior to the entry of an order, the administrator reasonably believes that the parent is about to transfer, encumber, convey, sell, remove, secrete, waste or otherwise dispose of property which could be made subject to collection action to satisfy the order for past support, the administrator may certify the matter to the circuit court, accompanied by a legal description of the property in question, in order to obtain a temporary restraining order directing that such property not be transferred, encumbered, conveyed, sold, removed, secreted, wasted or otherwise disposed of pending entry of a support order by the circuit court. The administrator shall, in such cases, file in the case record a certified statement of the reasons upon which such belief is founded. If the parent furnishes a good and sufficient bond satisfactory to the court, the temporary restraining order shall be vacated. A certified copy of an order entered under this section may be recorded in the same manner as a notice of lis pendens under ORS 93.740. [Formerly 416.450]

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ORS 25.550 Establishing parentage of child; certification of parentage issue to circuit court. (1) The administrator may establish parentage of a child in the course of a support proceeding under ORS 25.501 to 25.556 when both parents sign statements that parentage has not been legally established and that the alleged genetic parent is the parent of the child. The administrator may enter an order which establishes parentage

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ORS 25.552 Certification of parentage issue to circuit or juvenile court; trial. (1) Except as provided in subsection (2) of this section, when a response denying parentage and requesting a hearing is received pursuant to ORS 25.511 (3), or parentage is a valid issue as determined by the administrator under ORS 25.550, the certification to the circuit court shall be to the court in the judicial district

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ORS 25.554 (1) Except as provided in subsection (9) of this section, no later than one year after an order establishing parentage is entered under ORS 25.529 and if genetic testing has not been completed, a party may apply to the administrator to have the issue of parentage reopened and for an order for genetic testing

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ORS 25.556 Expeditious court hearings. The Supreme Court by administrative order shall provide, where necessary, for expeditious hearings on all matters referred to the circuit court pursuant to ORS 25.542 or 25.552. [Formerly 416.460]

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ORS 25.575 [Formerly 416.480; 2021 c.489 §4; repealed by 2025 c.99 §78]

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ORS 25.576 [Formerly 416.483; 2021 c.489 §5; repealed by 2025 c.99 §78]

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ORS 25.577 [Formerly 416.486; 2021 c.489 §6; repealed by 2025 c.99 §78]

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ORS 25.610 Procedure to collect support orders from state tax refunds; voluntary withholding; rules. (1) Whenever child support services are being provided, the administrator may request the Department of Revenue, through the Department of Justice or its designee, to collect past due child and spousal support from income tax refunds due to the obligor. The request shall be based upon the payment record maintained under ORS 25.020

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