Title 2, Procedure in Civil Proceedings

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: (1) When physical custody of a child changes from the obligee to the obligor, the obligation to pay child support for the child is n…

(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 …

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 …

(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 ha…

(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: (a) The Division of Child S…

(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. (2) To the maximum…

(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 subpoe…

(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 th…

(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: (a) Is signed by the person; and (b) Indicates that the person i…

(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 …

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 dis…

(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” …

(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” means a child support judgment issued in this state that addresses child support, including medical support as defined in ORS 25.321, an…

(1) As used in this section: (a) “Administrator” has the meaning given that term in ORS 25.010. (b) “Child support judgment” has the meaning given that term in ORS 25.089. (2) Notwithstanding the provisions of ORS 25.089, 25.091 and 25.531 to the contrary, the terms of a child su…

(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…

(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. (2) The …

(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 …

(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. (2) The election must be in writing and filed with the court…

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 collec…

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 Soc…

(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 t…

(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 an…

The Division of Child Support of the Department of Justice shall adopt rules that: (1) Require distribution of payments to child, medical or spousal support obligations and arrears in any sequence that is consistent with federal law; (2) Permit the division to develop criteria fo…

(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 p…

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: (1) A record of support payment arrearage may be established by: (a) Court order; (b) A governing chil…

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 obl…

(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…

(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…

(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 accom…

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 b…

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…

(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 paym…

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]

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 req…

(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: (a) Suspend enforcement of the support order; or (b) Hold some or all moneys received from, or received on behalf of…

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 provid…

(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 an…

(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 sec…

(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. (2) In administering the Oregon C…

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] Note: 25.265 was enacted into law by the Legislative Assembly but was…

The Legislative Assembly finds that: (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 manda…

(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: (a) …

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 2…

(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. (b) Proceedings under this subsection may occur only a…

(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 suppo…

As used in ORS 25.321 to 25.343: (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 suppo…