Title 2, Procedure in Civil Proceedings

(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…

The Supreme Court by administrative order shall provide, where necessary, for expeditious hearings on all matters referred to the circuit court pursuant to ORS 25.542 or 25.552. [Formerly 416.460]

(1) Whenever child support services are being provided, the administrator may request the Department of Revenue, through the Department of Justice or its designee, to collect past due child and spousal support from income tax refunds due to the obligor. The request shall be based…

(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. (2) The Department of Re…

(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…

For purposes of ORS 25.643 and 25.646: (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 l…

(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. (2) Pursuant to the agreements, financial institutions shall…

(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. (2) In requesting information under subsection (1) of this section, the adm…

(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 con…

(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. Fo…

(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 …

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]

(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 De…

(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 vio…

(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…

(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: (a) Is required by court or administrative order to provide coverage of the cost of health services to a ch…

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] SUSPENSION OF OCC…

(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 a…

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]

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: (1) The Oregon Liquor and Cannabis Commission; (2) All entit…

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 administr…

(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 wi…

(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 whet…

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]

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 reg…

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 upo…

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…

In addition to any other grounds for suspension provided by law: (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 r…

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…

(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 r…

(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: (A) Ha…

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]

(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 …

(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 p…

(1) Violation of ORS 25.720 (3) is a Class A violation. (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] _______________