Oregon Chapter 110
Chapter 110 — Uniform Interstate Family Support ActDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 110 —
Uniform Interstate Family Support Act
2007 EDITION
UNIFORM INTERSTATE FAMILY SUPPORT ACT
DOMESTIC RELATIONS
GENERAL PROVISIONS
110.303 Definitions
110.304 Tribunal
of state
110.305 Remedies
cumulative
JURISDICTION
110.318 Bases
for jurisdiction over nonresident
110.321 Procedure
when exercising jurisdiction over nonresident
110.324 Simultaneous
proceedings in another state
110.327 Continuing,
exclusive jurisdiction
110.330 Initiating
and responding tribunal of this state; enforcement and modification of support
order by tribunal having continuing jurisdiction
110.333 Recognition
of controlling child support order
110.336 Multiple
child support orders for two or more obligees
110.339 Credit
for payments
CIVIL PROVISIONS OF GENERAL APPLICATION
110.342 Proceedings
under this chapter
110.345 Action
by minor parent
110.348 Application
of law of this state
110.349 Duties
of initiating tribunal
110.351 Duties
and powers of responding tribunal
110.357 Inappropriate
tribunal
110.360 Duties
of support enforcement agency
110.363 Duty
of Attorney General
110.366 Private
counsel
110.369 Duties
of Attorney General’s office as state information agency
110.372 Pleadings
and accompanying documents
110.375 Nondisclosure
of information in exceptional circumstances
110.378 Costs
and fees
110.379 Limited
immunity of petitioner
110.381 Nonparentage
as defense
110.384 Special
rules of evidence and procedure
110.387 Communication
between tribunals
110.390 Assistance
with discovery
110.391 Receipt
and disbursement of payments
ESTABLISHMENT OF SUPPORT ORDER
110.392 Petition
to establish support order
ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT
REGISTRATION
110.394 Employer’s
receipt of income-withholding order of another state
110.395 Employer’s
compliance with income-withholding order of another state
110.397 Employer’s
compliance with multiple income-withholding orders
110.398 Immunity
from civil liability
110.400 Penalties
for noncompliance
110.401 Contest
by obligor
110.402 Administrative
enforcement of order
ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
AFTER REGISTRATION
110.405 Registration
of order for enforcement; procedure to register order for enforcement
110.408 Effect
of registration for enforcement
110.411 Choice
of law
110.414 Notice
of registration of order
110.417 Procedure
to contest validity or enforcement of registered order
110.420 Contest
of registration or enforcement
110.423 Confirmed
order
110.426 Procedure
to register child support order of another state for modification
110.429 Effect
of registration for modification
110.432 Modification
of child support order of another state
110.435 Recognition
of order modified in another state
110.436 Jurisdiction
to modify child support order of another state when individual parties reside
in this state
110.437 Notice
to issuing tribunal of modification
DETERMINATION OF PARENTAGE
110.438 Proceeding
to determine parentage
INTERSTATE RENDITION
110.440 Grounds
for rendition
110.443 Conditions
of rendition
MISCELLANEOUS PROVISIONS
110.446 Uniformity
of application and construction
110.449 Short
title
110.452 Severability
clause
110.005 [1953 c.427 §27; 1979 c.484 §1; repealed by 1995 c.608 §46]
110.006 [1953 c.427 §26; 1979 c.484 §2; repealed by
1995 c.608 §46]
110.010 [Repealed by 1953 c.427 §29]
110.011 [1953 c.427 §1; 1979 c.484 §3; repealed by
1995 c.608 §46]
110.020 [Repealed by 1953 c.427 §29]
110.021 [1953 c.427 §2; subsection (4) enacted as
part of subsection (3), subsection (10) enacted as part of subsection (9) by
1969 c.417 §1; 1973 c.280 §1; repealed by 1979 c.484 §4 (110.022 enacted in
lieu of 110.021)]
110.022 [1979 c.484 §5 (enacted in lieu of 110.021);
1989 c.812 §9; repealed by 1995 c.608 §46]
110.030 [Repealed by 1953 c.427 §29]
110.031 [1953 c.427 §3; repealed by 1995 c.608 §46]
110.040 [Repealed by 1953 c.427 §29]
110.041 [1953 c.427 §4; repealed by 1995 c.608 §46]
110.045 [1979 c.484 §42; repealed by 1995 c.608 §46]
110.050 [Repealed by 1953 c.427 §29]
110.051 [1953 c.427 §5; repealed by 1979 c.484 §6
(110.052 enacted in lieu of 110.051)]
110.052 [1979 c.484 §7 (enacted in lieu of 110.051);
repealed by 1995 c.608 §46]
110.060 [Repealed by 1953 c.427 §29]
110.061 [1953 c.427 §6; repealed by 1979 c.484 §8
(110.062 enacted in lieu of 110.061)]
110.062 [1979 c.484 §9 (enacted in lieu of 110.061);
repealed by 1995 c.608 §46]
110.071 [1953 c.427 §7; 1979 c.484 §10; repealed by
1995 c.608 §46]
110.081 [1953 c.427 §8; repealed by 1979 c.484 §11
(110.082 enacted in lieu of 110.081)]
110.082 [1979 c.484 §12 (enacted in lieu of
110.081); repealed by 1995 c.608 §46]
110.091 [1953 c.427 §9; repealed by 1979 c.484 §13
(110.092 enacted in lieu of 110.091)]
110.092 [1979 c.484 §14 (enacted in lieu of 110.091);
1991 c.724 §23; repealed by 1995 c.608 §46]
110.101 [1953 c.427 §10; repealed by 1979 c.484 §15
(110.102 enacted in lieu of 110.101)]
110.102 [1979 c.484 §16 (enacted in lieu of
110.101); repealed by 1995 c.608 §46]
110.110 [Repealed by 1953 c.427 §29]
110.111 [1953 c.427 §11; repealed by 1975 c.458 §18]
110.120 [Repealed by 1953 c.427 §29]
110.121 [1953 c.427 §12; 1979 c.484 §17; repealed by
1995 c.608 §46]
110.130 [Repealed by 1953 c.427 §29]
110.131 [1953 c.427 §13; repealed by 1979 c.484 §18
(110.132 enacted in lieu of 110.131)]
110.132 [1979 c.484 §19 (enacted in lieu of
110.131); repealed by 1995 c.608 §46]
110.140 [Repealed by 1953 c.427 §29]
110.141 [1953 c.427 §14; 1957 c.468 §1; 1959 c.587 §1;
repealed by 1969 c.417 §2 (110.142 enacted in lieu of 110.141)]
110.142 [1969 c.417 §3 (enacted in lieu of 110.141);
repealed by 1995 c.608 §46]
110.150 [Repealed by 1953 c.427 §29]
110.151 [1953 c.427 §15; repealed by 1979 c.484 §20
(110.152 enacted in lieu of 110.151)]
110.152 [1979 c.484 §21 (enacted in lieu of
110.151); repealed by 1995 c.608 §46]
110.160 [Repealed by 1953 c.427 §29]
110.161 [1953 c.427 §16; repealed by 1979 c.484 §22
(110.162 enacted in lieu of 110.161)]
110.162 [1979 c.484 §23 (enacted in lieu of 110.161);
1995 c.79 §45; repealed by 1995 c.608 §46]
110.165 [1979 c.484 §40; repealed by 1995 c.608 §46]
110.170 [Repealed by 1953 c.427 §29]
110.171 [1953 c.427 §14; 1957 c.468 §2; 1979 c.90 §4;
repealed by 1979 c.484 §24 (110.172 enacted in lieu of 110.171)]
110.172 [1979 c.484 §25 (enacted in lieu of
110.171); 1993 c.596 §24; repealed by 1995 c.608 §46]
110.174 [1983 c.692 §5; repealed by 1985 c.610 §17]
110.175 [1975 c.628 §4; repealed by 1979 c.484 §47
(110.176 enacted in lieu of 110.175)]
110.176 [1979 c.484 §48 (enacted in lieu of
110.175); repealed by 1995 c.608 §46]
110.180 [Repealed by 1953 c.427 §29]
110.181 [1953 c.427 §17; 1961 c.630 §1; repealed by
1979 c.484 §26 (110.182 enacted in lieu of 110.181)]
110.182 [1979 c.484 §27 (enacted in lieu of
110.181); 1993 c.596 §25; repealed by 1995 c.608 §46]
110.185 [1979 c.484 §41; 1993 c.596 §26; repealed by
1995 c.608 §46]
110.190 [Repealed by 1953 c.427 §29]
110.200 [Repealed by 1953 c.427 §29]
110.201 [1953 c.427 §18; 1979 c.484 §28; 1989 c.812 §10;
repealed by 1995 c.608 §46]
110.210 [Repealed by 1953 c.427 §29]
110.211 [1953 c.427 §19; repealed by 1979 c.484 §29
(110.212 enacted in lieu of 110.211)]
110.212 [1979 c.484 §30 (enacted in lieu of
110.211); repealed by 1995 c.608 §46]
110.220 [Repealed by 1953 c.427 §29]
110.221 [1953 c.427 §20; repealed by 1979 c.484 §31
(110.222 enacted in lieu of 110.221)]
110.222 [1979 c.484 §32 (enacted in lieu of
110.221); repealed by 1995 c.608 §46]
110.226 [1961 c.630 §3; 1993 c.596 §27; repealed by
1995 c.608 §46]
110.230 [Repealed by 1953 c.427 §29]
110.231 [1953 c.427 §21; repealed by 1979 c.484 §33
(110.232 enacted in lieu of 110.231)]
110.232 [1979 c.484 §34 (enacted in lieu of
110.231); 1993 c.596 §28; repealed by 1995 c.608 §46]
110.240 [Repealed by 1953 c.427 §29]
110.241 [1953 c.427 §22; repealed by 1979 c.484 §35
(110.242 enacted in lieu of 110.241)]
110.242 [1979 c.484 §36 (enacted in lieu of
110.241); repealed by 1995 c.608 §46]
110.250 [Repealed by 1953 c.427 §29]
110.251 [1953 c.427 §23; repealed by 1995 c.608 §46]
110.260 [Repealed by 1953 c.427 §29]
110.270 [Repealed by 1953 c.427 §29]
110.271 [1953 c.427 §24; repealed by 1979 c.484 §37
(110.272 enacted in lieu of 110.271)]
110.272 [1979 c.484 §38 (enacted in lieu of
110.271); repealed by 1995 c.608 §46]
110.275 [1979 c.484 §43; repealed by 1995 c.608 §46]
110.277 [1979 c.484 §§44,45; 1991 c.111 §9; 1993
c.18 §22; repealed by 1995 c.608 §46]
110.281 [1979 c.484 §46; 1993 c.596 §29; repealed by
1995 c.608 §46]
110.291 [1953 c.427 §25; repealed by 1995 c.608 §46]
110.300 [1993 c.449 §51; renumbered 110.449 in 1999]
110.301 [1993 c.449 §50; renumbered 110.446 in 1999]
GENERAL
PROVISIONS
110.303
Definitions. As used in this
chapter:
(1) “Child” means an individual, whether
over or under the age of majority, who is or is alleged to be owed a duty of
support by the individual’s parent or who is or is alleged to be the
beneficiary of a support order directed to the parent.
(2) “Child support order” means a support
order for a child, including a child who has attained the age of majority under
the law of the issuing state.
(3) “Duty of support” means an obligation
imposed or imposable by law to provide support for a child, spouse or former
spouse, including an unsatisfied obligation to provide support.
(4) “Home state” means the state in which
a child lived with a parent or a person acting as a parent for at least six
consecutive months immediately preceding the time of filing of a petition or
comparable pleading for support and, if a child is less than six months old,
the state in which the child lived from birth with a parent or a person acting
as a parent. A period of temporary absence is counted as part of the six-month
or other period.
(5) “Income” includes earnings or other
periodic entitlements to moneys from any source and any other property subject
to withholding for support under the laws of this state.
(6) “Income-withholding order” means an
order or other legal process directed to an obligor’s employer or other third
party in possession of a monetary obligation owed to an obligor, as defined by
the income-withholding law of this state, to withhold support from the income
of the obligor.
(7) “Initiating state” means a state from
which a proceeding is forwarded or in which a proceeding is filed for
forwarding to a responding state under this chapter or a law or procedure
substantially similar to this chapter, or under a law or procedure
substantially similar to the Uniform Reciprocal Enforcement of Support Act or
the Revised Uniform Reciprocal Enforcement of Support Act.
(8) “Initiating tribunal” means the
authorized tribunal in an initiating state.
(9) “Issuing state” means the state in
which a tribunal issues a support order or renders a judgment determining
parentage.
(10) “Issuing tribunal” means the tribunal
that issues a support order or renders a judgment determining parentage.
(11) “Law” includes decisional and
statutory law and rules and regulations having the force of law.
(12) “Obligee” means:
(a) An individual to whom a duty of
support is or is alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered;
(b) A state or political subdivision:
(A) To which the rights under a duty of
support or support order have been assigned;
(B) That has independent claims based on
financial assistance provided to an individual obligee; or
(C) That has independent claims based on
the care or custody of a child; or
(c) An individual seeking a judgment
determining parentage of the individual’s child.
(13) “Obligor” means an individual or the
estate of a decedent:
(a) Who owes or is alleged to owe a duty
of support;
(b) Who is alleged but has not been
adjudicated to be a parent of a child; or
(c) Who is liable under a support order.
(14) “Register” means to record or file a
support order or judgment determining parentage in the appropriate location for
the recording or filing of foreign judgments generally or foreign support
orders specifically.
(15) “Registering tribunal” means a
tribunal in which a support order is registered. The registering tribunal of
this state is the circuit court.
(16) “Responding state” means a state in
which a proceeding is filed or to which a proceeding is forwarded for filing
from an initiating state under this chapter or a law substantially similar to
this chapter, or under a law or procedure substantially similar to the Uniform
Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal
Enforcement of Support Act.
(17) “Responding tribunal” means the
authorized tribunal in a responding state.
(18) “Spousal support order” means a
support order for a spouse or former spouse of the obligor.
(19) “State” means a state of the
(a) An Indian tribe; and
(b) A foreign jurisdiction that has
enacted a law or established procedures for issuance and enforcement of support
orders that are substantially similar to the procedures under this chapter, the
Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal
Enforcement of Support Act.
(20) “Support enforcement agency” means
the Administrator of the Division of Child Support of the Department of Justice
or a district attorney authorized to:
(a) Seek enforcement of support orders or
laws relating to the duty of support;
(b) Seek establishment or modification of
child support;
(c) Seek determination of parentage; or
(d) Locate obligors or their assets.
(21) “Support order” means a judgment,
decree or order, whether temporary, final or subject to modification, for the
benefit of a child, a spouse or a former spouse, which provides for monetary
support, health care, arrearages or reimbursement, and may include related
costs and fees, interest, income withholding, attorney fees and other relief.
(22) “Tribunal” means a court,
administrative agency or quasi-judicial entity authorized to establish, enforce
or modify support orders or to determine parentage. [1993 c.449 §1; 1999 c.80 §45;
1999 c.680 §1; 1999 c.735 §16; 2003 c.73 §57; 2005 c.560 §8]
110.304
Tribunal of state. The
tribunals of this state are the circuit court, the administrator, as defined in
ORS 25.010, the Department of Justice or an administrative law judge of the
Employment Department, as appropriate. [Formerly 110.315; 2001 c.455 §20; 2003
c.75 §85]
110.305
Remedies cumulative.
Remedies provided by this chapter are cumulative and do not affect the
availability of remedies under other law. [1993 c.449 §3]
110.308 [1993 c.449 §26; renumbered 110.379 in 1999]
110.310 [1993 c.449 §48; 1999 c.80 §63; renumbered
110.440 in 1999]
110.313 [1993 c.449 §49; renumbered 110.443 in 1999]
110.315 [1993 c.449 §2; 1997 c.704 §42; renumbered
110.304 in 1999]
JURISDICTION
110.318
Bases for jurisdiction over nonresident. In a proceeding to establish, enforce or modify a support order or to
determine parentage, a tribunal of this state may exercise personal
jurisdiction over a nonresident individual if:
(1) The individual is personally served
with notice within this state;
(2) The individual submits to the
jurisdiction of this state by consent, by entering a general appearance or by
filing a responsive document having the effect of waiving any contest to
personal jurisdiction;
(3) The individual resided with the child
in this state;
(4) The individual resided in this state
and provided prenatal expenses or support for the child;
(5) The child resides in this state as a
result of the acts or directives of the individual;
(6) The individual engaged in sexual
intercourse in this state and the child may have been conceived by that act of
intercourse;
(7) The individual asserted parentage in
the registry maintained in this state by the Center for Health Statistics of
the Department of Human Services by filing a voluntary acknowledgment of
paternity under ORS 109.070; or
(8) There is any other basis consistent
with the Constitutions of the State of
110.321
Procedure when exercising jurisdiction over nonresident. A tribunal of this state exercising personal
jurisdiction over a nonresident under ORS 110.318 may apply ORS 110.384 to
receive evidence from another state, and ORS 110.390 to obtain discovery
through a tribunal of another state. In all other respects, ORS 110.342 to
110.438 do not apply and the tribunal shall apply the procedural and
substantive law of this state, including the rules on choice of law other than
those established by this chapter. [1993 c.449 §5; 1999 c.80 §48]
110.324
Simultaneous proceedings in another state. (1) A tribunal of this state may exercise jurisdiction to establish a
support order if the petition or comparable pleading is filed after a petition
or comparable pleading is filed in another state only if:
(a) The petition or comparable pleading in
this state is filed before the expiration of the time allowed in the other
state for filing a responsive pleading challenging the exercise of jurisdiction
by the other state;
(b) The contesting party timely challenges
the exercise of jurisdiction in the other state; and
(c) If relevant, this state is the home
state of the child.
(2) A tribunal of this state may not
exercise jurisdiction to establish a support order if the petition or
comparable pleading is filed before a petition or comparable pleading is filed
in another state if:
(a) The petition or comparable pleading in
the other state is filed before the expiration of the time allowed in this
state for filing a responsive pleading challenging the exercise of jurisdiction
by this state;
(b) The contesting party timely challenges
the exercise of jurisdiction in this state; and
(c) If relevant, the other state is the
home state of the child. [1993 c.449 §7; 1995 c.608 §16]
110.327
Continuing, exclusive jurisdiction. (1) A tribunal of this state issuing a support order consistent with
the laws of this state has continuing, exclusive jurisdiction over a child
support order:
(a) As long as this state remains the
residence of the obligor, the individual obligee or the child for whose benefit
the support order is issued; or
(b) Until all of the parties who are
individuals have filed written consents with the tribunal of this state for a
tribunal of another state to modify the order and assume continuing, exclusive
jurisdiction.
(2) A tribunal of this state issuing a
child support order consistent with the laws of this state may not exercise its
continuing, exclusive jurisdiction to modify the order if the order has been
modified by a tribunal of another state pursuant to this chapter or a law
substantially similar to this chapter.
(3) If a child support order of this state
is modified by a tribunal of another state pursuant to this chapter or a law
substantially similar to this chapter, a tribunal of this state loses its continuing,
exclusive jurisdiction with regard to prospective enforcement of the order
issued in this state and may only:
(a) Enforce the order that was modified as
to amounts accruing before the modification;
(b) Enforce nonmodifiable aspects of that
order; and
(c) Provide other appropriate relief for
violations of that order that occurred before the effective date of the
modification.
(4) A tribunal of this state shall
recognize the continuing, exclusive jurisdiction of a tribunal of another state
that has issued a child support order pursuant to this chapter or a law
substantially similar to this chapter.
(5) A temporary support order issued ex
parte or pending resolution of a jurisdictional conflict does not create
continuing, exclusive jurisdiction in the issuing tribunal.
(6) A tribunal of this state issuing a
support order consistent with the laws of this state has continuing, exclusive
jurisdiction over a spousal support order throughout the existence of the
support obligation. A tribunal of this state may not modify a spousal support
order issued by a tribunal of another state having continuing, exclusive
jurisdiction over that order under the law of that state. [1993 c.449 §8; 1999
c.80 §49]
110.328 [1995 c.608 §13; repealed by 1999 c.80 §95]
110.330
Initiating and responding tribunal of this state; enforcement and modification
of support order by tribunal having continuing jurisdiction. (1) Under this chapter, a tribunal of this
state may serve as an initiating tribunal to forward proceedings to another
state and as a responding tribunal for proceedings initiated in another state.
(2) A tribunal of this state may serve as
an initiating tribunal to request a tribunal of another state to enforce or
modify a support order issued in that state.
(3) A tribunal of this state having
continuing, exclusive jurisdiction over a support order may act as a responding
tribunal to enforce or modify the order. If a party subject to the continuing,
exclusive jurisdiction of the tribunal no longer resides in the issuing state,
in subsequent proceedings the tribunal may apply ORS 110.384 to receive
evidence from another state and ORS 110.390 to obtain discovery through a
tribunal of another state.
(4) A tribunal of this state which lacks
continuing, exclusive jurisdiction over a spousal support order may not serve
as a responding tribunal to modify a spousal support order of another state. [1993
c.449 §§6,9]
110.333
Recognition of controlling child support order. (1) If a proceeding is brought under this
chapter and only one tribunal has issued a child support order, the order of
that tribunal controls and must be so recognized.
(2) If a proceeding is brought under this
chapter, and two or more child support orders have been issued by tribunals of
this state or another state with regard to the same obligor and child, a
tribunal of this state shall apply the following rules in determining which
order to recognize for purposes of continuing, exclusive jurisdiction:
(a) If only one of the tribunals would
have continuing, exclusive jurisdiction under this chapter, the order of that
tribunal controls and must be so recognized.
(b) If more than one of the tribunals
would have continuing, exclusive jurisdiction under this chapter, an order
issued by a tribunal in the current home state of the child controls and must
be so recognized, but if an order has not been issued in the current home state
of the child, the order most recently issued controls and must be so
recognized.
(c) If none of the tribunals would have
continuing, exclusive jurisdiction under this chapter, the tribunal of this
state having jurisdiction over the parties shall issue a child support order,
which controls and must be so recognized.
(3) If two or more child support orders
have been issued for the same obligor and child and if the obligor or the
individual obligee resides in this state, a party may request a tribunal of
this state to determine which order controls and must be recognized under
subsection (2) of this section. The request must be accompanied by a certified
copy of every support order in effect. Each requesting party shall give notice
of the request to each party whose rights may be affected by the determination.
(4) The tribunal that issued the
controlling order under subsection (1), (2) or (3) of this section is the
tribunal that has continuing, exclusive jurisdiction under ORS 110.327.