Title 2, Procedure in Civil Proceedings

(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…

(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…