Chapter 25 — Chapter 25
186 sections in this chapter.
ORS 25.620 Procedures to collect past due support from state tax refunds; fees. (1) The Department of Revenue shall establish procedures consistent with ORS 25.610 to collect past due child and spousal support from income tax refunds due to the obligor in the same manner that other delinquent accounts are collected under ORS 293.250
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(2) The Department of Revenue shall establish procedures to ensure that when an obligor has filed a joint income tax return, the obligor’s spouse may apply for a share of the refund, if any. The procedures shall provide for notice to the obligee regarding any application by the o…
ORS 25.625 Federal tax offset; passport denial; rules
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(1) The Department of Justice may furnish to the United States Secretary of Health and Human Services certifications appropriate to and required for action by the secretary to offset federal income tax returns and to deny, revoke or limit passports of individuals owing child supp…
ORS 25.640 Definitions for ORS 25.643 and 25.646. For purposes of ORS 25.643 and 25.646
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(1) “Account” means a demand deposit account, checking or negotiable withdrawal order account, savings account, share draft account, time deposit account, money-market mutual fund account or a claim for insurance benefits or payments of at least $500, not including a claim for pr…
ORS 25.643 Disclosure of information on obligors by financial institutions; fees; liability; rules. (1) The Department of Justice and financial institutions doing business in this state shall enter into agreements to develop and operate a data match system using automated data exchanges to the maximum extent feasible
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(2) Pursuant to the agreements, financial institutions shall provide, for each calendar quarter, the name, address, Social Security number or other taxpayer identification number and other identifying information for each obligor who: (a) Maintains an account at, or has a claim f…
ORS 25.646 Disclosure of financial records of customers by financial institutions; liability. (1) Upon request of the administrator and the receipt of the certification required under subsection (2) of this section, a financial institution shall provide financial records of a customer or claimant
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(2) In requesting information under subsection (1) of this section, the administrator shall provide the name and Social Security number of the person whose financial records are sought and shall state with reasonable specificity the financial records requested. The administrator …
ORS 25.650 Information on past due support to consumer reporting agencies; rules. (1) As used in this section, “consumer reporting agency” means any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and that uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports
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(2)(a) Notwithstanding any other law, and subject to rules established by the Department of Justice, for cases in which there is past due support, the department shall: (A) Report periodically to consumer reporting agencies the name of any obligor who is delinquent in the payment…
ORS 25.670 Judgment lien on personal property. (1) Whenever there is a judgment for unpaid child or spousal support, a lien arises by operation of law on any personal property owned by the obligor, and the lien continues until the liability for the unpaid support is satisfied or the judgment or renewal thereof has expired. For purposes of this section and ORS 25.680 and 25.690, liability for the unpaid support includes the amount of unpaid support, with interest, and any costs that may be associated with lawful execution on the lien including, but not limited to, attorney fees, costs of notice and sale, storage and handling
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(2)(a) A lien arising under subsection (1) of this section may be recorded by filing a written notice of claim of lien with the county clerk of the county in which the obligor resides or the property is located. The notice of claim of lien required under this subsection shall be …
ORS 25.680 Effect of lien; priority. (1) Whenever a notice of claim of lien has been recorded under ORS 25.670 (2), the owner of the personal property may not release, sell, transfer, pay over, encumber or convey the personal property that is the subject of the lien until the Department of Justice or person to whom the support is or was owed or, if services are being provided under ORS 25.080, the enforcing agency of this or any other state releases the lien, the lien has been satisfied or a court has ordered release of the lien on the basis that no debt exists or that the debt has been satisfied. The limitations of this subsection do not apply to transfers or conveyances of the property by the owner to the holder of a security interest that was in existence at the time the notice of claim of lien was filed
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(2) The rights of bona fide purchasers for value or persons with a security interest in the personal property are not affected by the creation or the existence of the lien. (3) Liens filed under ORS 25.670 do not have priority over previously perfected security interests. [1985 c…
ORS 25.690 Foreclosure of lien. A lien arising pursuant to ORS 25.670 may be foreclosed in the manner set out in ORS 87.262 or ORS chapter 18 or in any other manner permitted under law. [1985 c.671 §49; 1999 c.80 §36; 2003 c.576 §577a]
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[Repealed or reserved.]
ORS 25.700 [1993 c.763 §§2,4; repealed by 2003 c.576 §580]
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[Repealed or reserved.]
ORS 25.710 [1985 c.671 §51a; 2003 c.73 §40; 2003 c.572 §12; 2003 c.576 §301; repealed by 2025 c.99 §78]
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MISCELLANEOUS
ORS 25.715 Child support paid from security deposit. (1) The court may order that the portion of a security deposit made under ORS 135.265 that would otherwise be returned to the person who made the deposit or the amount of child support arrearages, whichever is less, be paid to an obligee or the Division of Child Support of the Department of Justice if
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(a) The defendant is an obligor who owes child support arrearages; (b) The obligee or the administrator has filed a motion requesting the court to make such an order; (c) The obligee or the administrator has served the defendant with a copy of the motion; (d) The defendant has an…
ORS 25.720 When support assignable. (1) Except as provided in ORS 25.125, 412.024, 418.032 or 419B.406 or subsection (2) of this section, the right to receive child or spousal support payments under ORS 25.501 to 25.556 and ORS chapters 107, 108, 109, 110, 419B and 419C is not assignable, and any transaction in violation of this section is void
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(2) Notwithstanding the provisions of subsection (1) of this section, the right to receive support payments is assignable as may be appropriate for the protection of a minor or other person for whom a fiduciary has been appointed under ORS chapter 125 or for whom a trust has been…
ORS 25.722 [1993 c.798 §11; renumbered 25.375 in 1999]
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[Repealed or reserved.]
ORS 25.725 Child Support Deposit Fund. (1) The Child Support Deposit Fund is established in the State Treasury separate and distinct from the General Fund. Interest earned by the Child Support Deposit Fund shall be credited to the fund. All moneys in the Child Support Deposit Fund are appropriated continuously for use by the Department of Justice as the state disbursement unit
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(2) All moneys received by the department under ORS 25.020 and 25.620 and any other state or federal law authorizing the department to collect or receive child support payments shall be deposited in the Child Support Deposit Fund. The Child Support Deposit Fund is not subject to …
ORS 25.727 Garnishing income of person required to provide health insurance for child eligible under Medicaid. (1) The Department of Justice, or its designee, may garnish the wages, salary or other employment income of, and withhold amounts from state tax refunds to, any person who
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(a) Is required by court or administrative order to provide coverage of the cost of health services to a child eligible for medical assistance under Medicaid; and (b) Has received payment from a third party for the costs of such services but has not used the payments to reimburse…
ORS 25.729 Application of laws to effectuate purposes of ORS chapter 110. Any provision in the laws of this state relating to establishment, modification and enforcement of support may be applied to effectuate the purposes of ORS chapter 110 to the extent that such application is not inconsistent with ORS chapter 110. [1995 c.608 §11]
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SUSPENSION OF OCCUPATIONAL AND DRIVER LICENSES
ORS 25.750 Suspension of licenses, certificates, permits and registrations; when authorized; rules. (1) All licenses, certificates, permits or registrations that a person is required by state law to possess in order to engage in an occupation or profession or to use a particular occupational or professional title, all annual licenses issued to individuals by the Oregon Liquor and Cannabis Commission, all driver licenses or permits issued by the Department of Transportation and recreational hunting and fishing licenses, as defined by rule of the Department of Justice, are subject to suspension by the respective issuing entities upon certification to the issuing entity by the administrator that a child support case record is being maintained by the Department of Justice, that the case is being enforced by the administrator under the provisions of ORS 25.080 and that one or both of the following conditions apply
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(a) That the party holding the license, certificate, permit or registration is in arrears under any child support judgment or order, in an amount equal to the greater of three months of support or $2,500, and: (A) Has not entered into an agreement with the administrator with resp…
ORS 25.752 Memberships in professional organizations that are required by state law. As used in ORS 25.750 to 25.783, “licenses, certificates, permits or registrations” includes, but is not limited to, memberships in professional organizations that are required by state law in order to engage in a profession. [1995 c.620 §12]
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[Repealed or reserved.]
ORS 25.753 [1993 c.365 §3; repealed by 1995 c.620 §13]
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[Repealed or reserved.]
ORS 25.756 Identifying persons holding licenses, certificates, permits and registrations. The Department of Justice shall enter into agreements regarding the identification of persons who are subject to the provisions of ORS 25.750 to 25.783 and who hold licenses, certificates, permits or registrations with
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(1) The Oregon Liquor and Cannabis Commission; (2) All entities that issue licenses, certificates, permits or registrations that a person is required by state law to possess to engage in an occupation, profession or recreational hunting or fishing or to use a particular occupatio…
ORS 25.759 Notice to persons subject to suspension; contents. Upon identification of a person subject to suspension under ORS 25.750 to 25.783, the administrator may issue a notice, sent by regular first class mail to both the address of record as shown in the records of the issuing entity and the address of record as shown on the administrator’s child support file or, if authorized by the person, sent by electronic mail or other electronic delivery method as described by the administrator by rule. Such notice must contain the following information
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(1) That certain licenses, certificates, permits and registrations, which must be specified in the notice, are subject to suspension as provided for by ORS 25.750 to 25.783. (2) The name, final four digits of the Social Security number, if available, year of birth, if known, and …
ORS 25.762 Agreement between obligor and administrator; effect of failure to contest suspension or to enter into agreement. (1) If the administrator is contacted within 30 days of the date of the notice specified in ORS 25.759, the administrator and the obligor may enter into an agreement as provided for by rule of the Department of Justice. If no contest is filed or if no agreement is entered into within the time prescribed by ORS 25.750 to 25.783, or if the obligor fails to comply with the terms of an agreement previously entered into, the administrator shall advise the issuing entity to suspend the license, certificate, permit or registration forthwith
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(2) After receipt of notice to suspend from the administrator, no further administrative review or contested case proceeding within or by the issuing entity is required. [1993 c.365 §6; 1995 c.620 §4; 1999 c.80 §14; 2001 c.323 §3; 2003 c.73 §45]
ORS 25.765 Procedure if obligor contacts administrator within time limits; hearing. (1) If the obligor makes the contact within 30 days of the date of the notice as provided for in ORS 25.759, the administrator shall provide the obligor with the opportunity to contest the suspension on the bases set forth in ORS 25.759 (5). The administrator shall determine whether suspension should occur. If the administrator determines that suspension should occur, the administrator shall make a written determination of such finding
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(2) The obligor may object to the determination described in subsection (1) of this section within 30 days after the date of the determination. Any hearing on the objection shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings. Any …
ORS 25.768 Judicial review of order. The order of the administrative law judge is final and is subject to judicial review as provided in ORS 183.482. Any suspension under ORS 25.750 to 25.783 is not stayed pending judicial review. [1993 c.365 §8; 2003 c.75 §76]
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[Repealed or reserved.]
ORS 25.771 Obligor holding more than one license, certificate, permit or registration. In the event that an obligor holds more than one license, certificate, permit or registration described in ORS 25.750, any determination regarding suspension of one license, certificate, permit or registration is sufficient to suspend any other license, certificate, permit or registration described in ORS 25.750. [1993 c.365 §9; 1995 c.620 §6]
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[Repealed or reserved.]
ORS 25.774 Reinstatement. When, at any time after suspension under ORS 25.750 to 25.783, the conditions resulting in the suspension no longer exist, the administrator shall so notify the issuing entity and shall confirm that the license, certificate, permit or registration may be reinstated contingent upon the requirements of the issuing entity. Until the issuing entity receives notice under this section, the issuing entity may not reinstate, reissue, renew or otherwise make the license, certificate, permit or registration available to the holder of the suspended license, certificate, permit or registration. [1993 c.365 §10; 1995 c.620 §7; 1999 c.80 §16; 2001 c.323 §6]
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[Repealed or reserved.]
ORS 25.777 Reimbursing issuing entities for costs incurred. The Department of Justice shall enter into agreements to reimburse issuing entities for their costs of compliance with ORS 25.750 to 25.783 to the extent that those costs are eligible for Federal Financial Participation under Title IV-D of the Social Security Act. [1993 c.365 §11; 1995 c.620 §8; 2001 c.323 §7]
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[Repealed or reserved.]
ORS 25.780 Other licenses, certificates, permits and registrations subject to suspension. In addition to any other grounds for suspension provided by law
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(1) The Oregon Liquor and Cannabis Commission and any entity that issues licenses, certificates, permits or registrations that a person is required by state law to possess to engage in an occupation, profession or recreational hunting or fishing or to use a particular occupationa…
ORS 25.783 Confidentiality of information. Any entity described in ORS 25.756 that receives an inquiry as to the status of a person who has had a license, certificate, permit or registration suspended under ORS 25.750 to 25.783 shall respond only that the license, certificate, permit or registration was suspended pursuant to ORS 25.750 to 25.783. The entity shall not release or make other use of information that it receives pursuant to ORS 25.750 to 25.783. [1993 c.365 §14; 1995 c.620 §10]
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[Repealed or reserved.]
ORS 25.785 Issuing entities to require Social Security number or other identification. (1) Any state agency, board or commission that is authorized to issue an occupational, professional, recreational or driver license, certificate, permit or registration subject to suspension under ORS 25.750 to 25.783 shall require that an individual’s Social Security number be recorded on an application for, or form for renewal of, a license, certificate, permit or registration and to the maximum extent feasible shall include the Social Security number in automated databases containing information about the individual. If the individual does not have a Social Security number, the state agency, board or commission may accept the individual’s federal individual taxpayer identification number or identification issued by the federal government
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(2) If an individual does not have a Social Security number, a federal individual taxpayer identification number or identification issued by the federal government, a state agency, board or commission described in subsection (1) of this section may accept a written statement from…
ORS 25.790 Hiring, rehiring, engaging or reengaging individual; report required; contents. (1)(a) An employer shall report to the Division of Child Support of the Department of Justice the hiring or rehiring, or the engagement or reengagement, of an individual who resides or works in the state and to whom the employer anticipates paying earnings if the employer
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(A) Has employees or independent contractors working only in this state; or (B) Is a multistate employer and has designated to the United States Secretary of Health and Human Services that Oregon is the employer’s reporting state. (b) The employer shall submit the report by mail …
ORS 25.792 Confidentiality. Information received under ORS 25.790 is confidential and exempt from public disclosure, except that the Division of Child Support of the Department of Justice shall provide information to other public agencies, upon request, as required by law. [1993 c.753 §2; 1999 c.80 §19]
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[Repealed or reserved.]
ORS 25.793 Disclosure of employer-reported information. (1) Subject to the limitations provided in subsection (2) of this section, the Division of Child Support of the Department of Justice may enter into agreements with other divisions of the Department of Justice, with the Department of Revenue or with the Employment Department for the provision of information reported to the Division of Child Support by an employer pursuant to ORS 25.790 regarding hiring or rehiring or the engagement or reengagement of individuals in this state. The information may be used for purposes other than to establish parentage or child support, including but not limited to debt collection
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(2) Information provided by the division under this section is limited to information reported pursuant to ORS 25.790 that has not yet been entered into either: (a) The statewide automated data processing and information retrieval system required to be established and operated by…
ORS 25.794 Verification of employment; information about compensation and benefits; rules. (1) Upon the request of the administrator or an equivalent agency providing child support services in another state, all persons or entities in the state, including but not limited to for-profit, nonprofit and government employers, shall verify the employment of individuals and provide, in addition and if requested, information about compensation and benefits paid to the individual whether as an employee or a contractor
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(2) Upon request of an enforcing agency of another state, only a court or enforcing agency of Oregon may enforce a request for information made by the enforcing agency of the other state under this section. (3) The Department of Justice shall adopt rules to implement the provisio…
ORS 25.990 Penalties. (1) Violation of ORS 25.720 (3) is a Class A violation
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(2) Violation of ORS 25.260 is a Class C misdemeanor. (3) Violation of ORS 25.785 (3) is a Class A misdemeanor. [1985 c.671 §52(4); 1989 c.812 §3(2); 1999 c.1051 §147; 2003 c.610 §4; 2011 c.597 §151] _______________