Chapter 25 — Chapter 25
186 sections in this chapter.
ORS 25.265 Access to information in Federal Parent Locator Service; rules. The Department of Justice shall adopt rules establishing a procedure by which a person authorized under federal law may access information in the Federal Parent Locator Service. [1997 c.746 §22a; 2003 c.73 §25]
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Note: 25.265 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. FORMULA FOR DETERMINING AMOUNT OF CHILD SUPPORT
ORS 25.270 Legislative findings. The Legislative Assembly finds that
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(1) The federal Family Support Act of 1988 mandates that the state must establish a formula for child support award amounts that is applicable in any judicial or administrative proceeding for the award of child support. (2) It is further mandated that the amount of child support …
ORS 25.275 Formula for determining child support awards; criteria to be considered; mandated standards; reduction; rules. (1) The Division of Child Support of the Department of Justice shall establish by rule a formula for determining child support awards in any judicial or administrative proceeding. In establishing the formula, the division shall take into consideration the following criteria
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(a) All earnings, income and resources of each parent, including real and personal property; (b) The earnings history and potential of each parent; (c) The reasonable necessities of each parent; (d) The ability of each parent to borrow; (e) The educational, physical and emotional…
ORS 25.280 Formula amount presumed correct; rebuttal of presumption; criteria. In any judicial or administrative proceeding for the establishment or modification of a child support obligation under ORS chapter 107, 108, 109 or 110 or ORS 25.501 to 25.556, 419B.400, 419B.923 or 419C.610, the amount of support determined by the formula established under ORS 25.275 is presumed to be the correct amount of the obligation. This is a rebuttable presumption and a written finding or a specific finding on the record that the application of the formula would be unjust or inappropriate in a particular case is sufficient to rebut the presumption. The following criteria shall be considered in making the finding
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(1) Evidence of the other available resources of a parent; (2) The reasonable necessities of a parent; (3) The net income of a parent remaining after withholdings required by law or as a condition of employment; (4) A parent’s ability to borrow; (5) The number and needs of other …
ORS 25.285 [1989 c.811 §5; repealed by 1991 c.519 §8 (25.287 enacted in lieu of 25.285 in 1993)]
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[Repealed or reserved.]
ORS 25.287 Proceedings to modify orders to comply with formula; when proceeding may be initiated; issues considered. (1)(a) The entity providing child support services under ORS 25.080 may initiate proceedings to modify a support obligation to ensure that the support obligation is in accordance with the formula established under ORS 25.275
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(b) Proceedings under this subsection may occur only after three years have elapsed, or such shorter cycle as determined by rule of the Department of Justice, from the latest of the following: (A) The date the original support obligation took effect; (B) The date any previous mod…
ORS 25.290 Determining disposable income of obligor; offsets; rules. (1) In determining the disposable income of an obligor, the obligor may claim offsets against gross receipts for ordinary and necessary business expenses and taxes directly related to the income withheld. The obligor has the burden of proof and must furnish documentation to support any offsets claimed
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(2) The Department of Justice may adopt rules governing the determination of the income subject to withholding that remains after application of offsets. Withholding actions in a case that is not receiving child support services under ORS 25.080 may be appealed to the circuit cou…
ORS 25.310 [1985 c.671 §4; 1989 c.812 §4; 1991 c.362 §2; repealed by 1993 c.798 §21]
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[Repealed or reserved.]
ORS 25.311 [1993 c.798 §5; 1995 c.608 §32; 1999 c.80 §2; 1999 c.735 §8; 1999 c.849 §§38,39; renumbered 25.378 in 1999]
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[Repealed or reserved.]
ORS 25.313 [1993 c.798 §3; renumbered 25.393 in 1999]
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[Repealed or reserved.]
ORS 25.314 [1993 c.798 §6; 1995 c.272 §6; 1997 c.704 §26; 1999 c.80 §3; renumbered 25.402 in 1999]
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[Repealed or reserved.]
ORS 25.315 [1993 c.798 §7; 1999 c.80 §4; renumbered 25.399 in 1999]
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[Repealed or reserved.]
ORS 25.316 [1993 c.798 §8; 1999 c.80 §5; 1999 c.735 §12; renumbered 25.405 in 1999]
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[Repealed or reserved.]
ORS 25.317 [1993 c.798 §9; 1999 c.735 §11; renumbered 25.396 in 1999]
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[Repealed or reserved.]
ORS 25.318 [1993 c.798 §10; renumbered 25.390 in 1999]
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[Repealed or reserved.]
ORS 25.320 [1985 c.671 §5; 1997 c.704 §27; renumbered 25.164 in 1999]
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MEDICAL SUPPORT
ORS 25.321 Definitions for ORS 25.321 to 25.343. As used in ORS 25.321 to 25.343
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(1) “Cash medical support” means an amount that a parent is ordered to pay to defray the cost of health care coverage provided for a child by the other parent or a public body, or to defray uninsured medical expenses of the child. (2) “Child support order” means a judgment or adm…
ORS 25.323 Medical support. (1) Every child support order must include a medical support clause
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(2) Whenever a child support order that does not include a medical support clause is modified the modification must include a medical support clause. (3) A medical support clause may require that medical support be provided in more than one form, and may make the requirement that…
ORS 25.325 Enforcing medical support; form of notice; rules. (1) When a child support order with a medical support clause is entered, the court or the enforcing agency may issue a qualified medical child support order as provided in section 609 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1169). The qualified medical child support order shall direct the providing party’s employer, or the plan administrator for the providing party’s employee health care coverage, to enroll the providing party’s child in the employee health benefit plan and direct the providing party’s employer to withhold any required premium from the providing party’s compensation
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(2) When a child support order with a medical support clause is entered and child support services are being provided under ORS 25.080, the enforcing agency shall, when appropriate, issue a medical support notice to the providing party’s employer within two business days after re…
ORS 25.327 Service of medical support notice. (1) The enforcing agency shall serve the medical support notice on the providing party’s employer as a withholder. The notice may be served upon the withholder or the withholder’s registered agent, corporate officer, bookkeeper, accountant, person responsible for payroll or local office manager by
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(a) Personal service; (b) Any type of mail that is calculated to give actual notice and is addressed to one of the persons listed in this subsection; or (c) Electronic means if the employer has the ability to receive the medical support notice in that manner. (2) Service of a med…
ORS 25.329 Actions required after service of medical support notice; rules. When the enforcing agency serves a medical support notice on an employer
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(1) The employer shall comply with the provisions in the medical support notice; (2) The plan administrator and the employer shall treat the medical support notice as an application by the enforcing agency for health care coverage for the named child under the health benefit plan…
ORS 25.330 [1985 c.671 §6; 1991 c.588 §1; 1995 c.609 §5; 1997 c.704 §28; renumbered 25.167 in 1999]
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[Repealed or reserved.]
ORS 25.331 Obligation to withhold. (1) Upon notification from the plan administrator that the child is enrolled in the health benefit plan, the employer shall withhold from the providing party’s compensation the providing party’s share, if any, of premiums for the health benefit plan. The employer shall forward the amount withheld as required by the health benefit plan
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(2) The withholding required by a qualified medical child support order or a medical support notice is a continuing obligation. The qualified medical child support order or medical support notice and the withholding remain in effect and are binding upon the employer until further…
ORS 25.333 Contesting medical support notice. (1)(a) When the enforcing agency issues a medical support notice under ORS 25.325, the enforcing agency shall notify the parties
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(A) That the notice has been served to the providing party’s employer; and (B) Of the providing party’s rights and duties under the notice. (b) The enforcing agency shall provide the notice required under this subsection by regular first class mail or, if authorized by the recipi…
ORS 25.335 Termination of support order. When child support services are being provided under ORS 25.080, the enforcing agency shall notify the employer when there is no longer in effect a support order requiring health care coverage for which the enforcing agency is responsible. However, termination of the health care coverage is governed by the health benefit plan’s provisions for termination and by applicable federal law. [2003 c.637 §9; 2025 c.99 §27]
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[Repealed or reserved.]
ORS 25.337 Liability. (1) If the plan administrator or the employer fails to comply with the requirements described in ORS 25.329 or 25.331, the enforcing agency or obligee may bring a civil action against the plan administrator or employer for medical expenses, the providing party’s share of the premiums, attorney fees and costs
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(2) An employer commits an unlawful employment practice if the employer discharges a providing party, refuses to hire a providing party or in any other manner discriminates, retaliates or takes disciplinary action against a providing party because of the entry of a medical suppor…
ORS 25.339 Priority of medical support notice. A medical support notice issued under ORS 25.325 has priority over any previously filed attachment, execution, garnishment or assignment of income other than a withholding order issued for monetary support, unless otherwise requested by the obligee. [2003 c.637 §11]
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[Repealed or reserved.]
ORS 25.340 [1985 c.671 §7; 1993 c.798 §35; renumbered 25.381 in 1999]
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[Repealed or reserved.]
ORS 25.341 Notice of termination of employer’s relationship with providing party. When an employer is unable to continue withholding from a providing party’s compensation because the relationship between the employer and the providing party ends, the employer shall send the enforcing agency a written notice within 15 days of the termination of the relationship. The notice must include the providing party’s name, the providing party’s last known address, the providing party’s Social Security number, the date the relationship terminated and, if known, the name and address of a new employer of or other provider of a health benefit plan to the providing party. [2003 c.637 §12; 2007 c.878 §13]
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[Repealed or reserved.]
ORS 25.342 Rules. The Department of Justice may adopt all rules necessary for implementation of ORS 25.321 to 25.343. [2009 c.351 §12]
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[Repealed or reserved.]
ORS 25.343 Authorization for reimbursement payments. The signature of the obligee or guardian of a child covered by a health benefit plan is a valid authorization for purposes of processing an insurance reimbursement payment to the provider of the health services as provided in ORS 743B.470. [2003 c.637 §13]
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[Repealed or reserved.]
ORS 25.350 [Formerly 23.783; repealed by 1993 c.798 §21]
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[Repealed or reserved.]
ORS 25.351 [1993 c.798 §12; 1995 c.272 §1; 1997 c.704 §29; 1999 c.80 §6; renumbered 25.414 in 1999]
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[Repealed or reserved.]
ORS 25.353 [1993 c.798 §14; 1995 c.272 §7; 1997 c.704 §30; 1999 c.80 §7; renumbered 25.417 in 1999]
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[Repealed or reserved.]
ORS 25.354 [1995 c.272 §4; 1999 c.735 §15; renumbered 25.387 in 1999]
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[Repealed or reserved.]
ORS 25.355 [1993 c.798 §15; 1997 c.704 §31; 1999 c.80 §8; renumbered 25.411 in 1999]
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[Repealed or reserved.]
ORS 25.357 [1993 c.798 §16; renumbered 25.421 in 1999]
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[Repealed or reserved.]
ORS 25.359 [1993 c.798 §17; renumbered 25.408 in 1999]
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[Repealed or reserved.]
ORS 25.360 [Formerly 23.778; repealed by 1993 c.798 §21]
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[Repealed or reserved.]
ORS 25.361 [1993 c.798 §18; repealed by 1999 c.735 §23]
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[Repealed or reserved.]
ORS 25.363 [1993 c.798 §19; 1999 c.80 §9; renumbered 25.424 in 1999]
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[Repealed or reserved.]
ORS 25.365 [1993 c.798 §20; renumbered 25.427 in 1999]
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[Repealed or reserved.]
ORS 25.367 [1993 c.798 §2; 1995 c.608 §33; 1999 c.130 §3; renumbered 25.372 in 1999]
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[Repealed or reserved.]
ORS 25.370 [1985 c.671 §8; 1989 c.812 §5; 1993 c.798 §26; 1997 c.704 §32; renumbered 25.384 in 1999]
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INCOME WITHHOLDING AND PAYMENT RECORDS
ORS 25.372 Applicability. ORS 25.372 to 25.427 apply to current support, arrears and interest on arrears, independently or combined, whether arrears are owed to an obligee, the state or a foreign jurisdiction. [Formerly 25.367; 2001 c.249 §73; 2003 c.73 §28; 2003 c.572 §7]
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[Repealed or reserved.]
ORS 25.375 Priority of withholding. Except as provided in ORS 25.339, withholding under ORS 25.378 has priority over any other legal process under Oregon law against the same income. [Formerly 25.722; 2003 c.637 §16]
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[Repealed or reserved.]
ORS 25.378 Payment of support by income withholding; initiation of income withholding. (1) Except as otherwise provided in ORS 25.396, when a support order is entered or modified by the Division of Child Support, a district attorney, an administrative law judge or a circuit court, including a juvenile court, the order must include a provision requiring the obligor to pay support by income withholding regardless of whether child support services are being provided under ORS 25.080. In addition to the income withholding provided for in this subsection, income withholding may be initiated in accordance with subsections (2) to (6) of this section
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(2) When an obligor is subject to a support order issued or registered in this state and fails to make payments at least equal to the amount of support payable for one month, a court or the administrator, whichever is appropriate, shall initiate income withholding without the nee…
ORS 25.381 Establishing income withholding as method of paying support; records. (1) Whenever child support services are being provided under ORS 25.080, support rights are not and have not at any time during the past five months been assigned to this or another state, and no arrearages under a support order are so assigned, the administrator shall provide, upon request of an obligor or obligee, services sufficient to permit establishment of income withholding under ORS 25.378, including services necessary to establish a support payment record under ORS 25.164 and 25.167
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(2) Regardless of whether child support services are being provided under ORS 25.080, the administrator shall provide, upon request of an obligor or obligee, child support services sufficient to permit establishment of income withholding under ORS 25.378: (a) For the payment of c…
ORS 25.384 Statement on withholding in support order. (1) Any child support order issued or modified after October 1, 1989, shall include a statement in substantially the following form
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______________________________________________________________________________ NOTICE OF INCOME WITHHOLDING The support order is enforceable by income withholding under ORS 25.372 to 25.427. Withholding shall occur immediately, whenever there are arrears at least equal to the sup…
ORS 25.387 Withholding more than amount authorized by law. Notwithstanding ORS 25.414 and 656.234, the court upon motion of a party holding the support rights, the Division of Child Support or the district attorney, and after a hearing, may order the withholding of more than the amount otherwise authorized by law. In no case may an order require payment of an amount that exceeds the limits imposed by the Consumer Credit Protection Act (15 U.S.C. 1673(b)). [Formerly 25.354]
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[Repealed or reserved.]