Title 2, Procedure in Civil Proceedings

(1) Every child support order must include a medical support clause. (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…

(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 c…

(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…

When the enforcing agency serves a medical support notice on an employer: (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 …

(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 th…

(1)(a) When the enforcing agency issues a medical support notice under ORS 25.325, the enforcing agency shall notify the parties: (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 en…

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support services are being provided under ORS 25.080, the enforcing agency shall notify the employer when there is no longer in effect a support order requiring health care coverage for which the enforcing agency is responsible.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 …

(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 prem…

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]

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 Department of Justice may adopt all rules necessary for implementation of ORS 25.321 to 25.343. [2009 c.351 §12]

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]

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]

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]

(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 …

(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, u…

(1) Any child support order issued or modified after October 1, 1989, shall include a statement in substantially the following form: ______________________________________________________________________________ NOTICE OF INCOME WITHHOLDING The support order is enforceable by inc…

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…

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]

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]

(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 withhol…

(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: (a) That withholding has commenced; (b) The amount to be withheld and the amount of arrears, if an…

(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 o…

(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). (2) The only basis for contesti…

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]

(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…

(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 co…

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 withhe…

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 expla…

(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: (a) The order is served on the person in the manner provided by ORS 25.402 (1); (b) The order is regular on it…

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]

As used in ORS 25.501 to 25.556, unless the context requires otherwise: (1) “Alleged genetic parent” has the meaning given that term in ORS 109.002. (2) “Combined relationship index” means the product of all tested relationship indices. (3) “Court” means any circuit court of this…

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 …

(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: (a) The State of Oregon. (b) An obligee who has physical custody of a child for whose benefit a support order or an order establishin…

(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 anothe…

(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. (2)(a) When a hear…

(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 ob…

(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. (2) Except as provided in ORS 25.550, hearings shall be conducted by an a…

(1) Past support may not be ordered for any period of time prior to the later of: (a) The date of the most recent application for service from the Oregon Child Support Program administered under Title IV-D of the Social Security Act; or (b) In the case of a mandatory referral bas…

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…

(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 knowled…

(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 th…

(1) The documents required to be filed for purposes of subsection (2) of this section include all the following: (a) A true copy of any order entered, filed or registered by the administrator or administrative law judge pursuant to ORS 25.501 to 25.556 or ORS chapter 110. (b) A t…

(1) As used in this section: (a) “Child support judgment” has the meaning given that term in ORS 25.089. (b) “Governing child support judgment” has the meaning given that term in ORS 25.091. (2) Notwithstanding any other provision of this section or ORS 25.089, when two or more c…

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]

(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…

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 prop…

(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 administ…

(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 s…

(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…