US Laws, Codes, Statutes & Cases

Chapter 416 — Recovery of Aid and Support

 

2007 EDITION

 

RECOVERY OF AID AND SUPPORT

 

HUMAN SERVICES; JUVENILE CODE; CORRECTIONS

 

RECOVERY FROM ESTATES

 

416.310     Estate of deceased person liable for aid received; relatives not relieved from obligation of support

 

416.320     Manner of approval and payment of county claims against estate

 

416.340     Collection of claim against estate of deceased; waiver of claim

 

PARENTAL SUPPORT OF DEPENDENT CHILDREN

 

416.400     Definitions for ORS 416.400 to 416.465

 

416.405     Policy

 

416.407     Parties to support proceedings; notice

 

416.415     Notice and finding of financial responsibility; request for hearing; order

 

416.417     When order of support contingent on child residing in state financed or supported residence

 

416.419     Tribunals for establishment of paternity or for child support order

 

416.422     Past support; consolidation in court proceeding

 

416.425     Motions to modify financial responsibility orders; service

 

416.427     Hearings procedure; parties; enforcement of order; appeal of order

 

416.429     Notice of intent to establish and enforce arrearages; request for hearing; order

 

416.430     Establishing paternity of child; certification of paternity issue to circuit court

 

416.435     Certification of paternity issue to circuit or juvenile court; trial

 

416.440     Filing order with court; order effective as circuit court judgment

 

416.443     Reopening issue of paternity; order

 

416.448     Multiple child support judgments

 

416.450     Preventing transfer of assets to evade compliance with order

 

416.455     Authority of administrator and administrative law judge; rules

 

416.460     Expeditious court hearings

 

416.465     Relief from compliance with order

 

RECOVERY OF SUPPORT FOR YOUTH OFFENDERS

 

416.480     Definitions for ORS 416.480 to 416.486

 

416.483     Order for support of youth offender or other offender

 

416.486     Youth authority may enter into agreements for support enforcement services

 

LIEN ON RECIPIENT’S CLAIM FOR DAMAGES FOR PERSONAL INJURIES

 

416.510     Definitions for ORS 416.510 to 416.610

 

416.520     Claim for damages for personal injuries not grounds for denying assistance

 

416.530     Notice of claim to department or prepaid managed care health services organization

 

416.540     Lien of department; assignment of lien to prepaid managed care health services organization

 

416.550     Procedure to perfect lien

 

416.560     Form of notice of lien

 

416.570     Notice to department when judgment rendered or claim settled; statement by department of amount of lien

 

416.580     Payment in satisfaction of lien

 

416.590     Procedure when recipient is minor

 

416.600     Release of portion of lien in certain cases

 

416.610     Action against recipient who fails to notify department or prepaid managed care health services organization of claim

 

MISCELLANEOUS PROVISIONS

 

416.810     Disposition of reimbursements for public assistance granted

 

416.820     Acceptance and disbursement of gifts for support of certain persons

 

416.830     Acceptance and disbursement of gifts for public assistance

 

PENALTIES

 

416.990     Penalties

 

      Note: Definitions in 25.010 and 25.011 apply to ORS chapter 416.

 

      416.010 [1961 c.605 §2; 1969 c.597 §250; 1971 c.407 §1; 1995 c.79 §210; repealed by 2001 c.900 §261]

 

      416.020 [Formerly 411.410; 1971 c.480 §3; 1971 c.779 §49; repealed by 2001 c.900 §261]

 

      416.030 [Formerly 411.420; 1967 c.549 §7; 1971 c.125 §1; 1971 c.750 §5; 1999 c.59 §108; repealed by 2001 c.900 §261]

 

      416.035 [1971 c.750 §2; repealed by 2001 c.900 §261]

 

      416.040 [1961 c.605 §6; subsection (4) enacted as 1963 c.499 §8; repealed by 2001 c.900 §261]

 

      416.050 [1961 c.605 §7; repealed by 2001 c.900 §261]

 

      416.055 [1971 c.480 §2; repealed by 2001 c.900 §261]

 

      416.060 [Formerly 411.425; repealed by 1971 c.651 §1 (416.061 enacted in lieu of 416.060)]

 

      416.061 [1971 c.651 §2 (enacted in lieu of 416.060); repealed by 2001 c.900 §261]

 

      416.070 [1961 c.605 §16; repealed by 2001 c.900 §261]

 

      416.080 [Formerly 411.440 and then 411.428; repealed by 2001 c.900 §261]

 

      416.090 [Formerly 411.450 and then 411.434; repealed by 2001 c.900 §261]

 

      416.100 [Formerly 411.460 and then 411.438; repealed by 2001 c.900 §261]

 

      416.110 [Formerly 411.441; 1979 c.562 §14; 1983 c.740 §141; repealed by 2001 c.900 §261]

 

      416.120 [Formerly 411.442; subsection (4) enacted as 1961 c.605 §15; 1971 c.734 §46; 1999 c.849 §§75,76; repealed by 2001 c.900 §261]

 

      416.130 [Formerly 411.444; repealed by 2001 c.900 §261]

 

      416.140 [Formerly 411.446; repealed by 1971 c.734 §21]

 

      416.145 [1971 c.734 §48; repealed by 2001 c.900 §261]

 

      416.150 [1961 c.605 §13; repealed by 1971 c.734 §21]

 

      416.160 [1961 c.605 §14; repealed by 1971 c.734 §21]

 

      416.170 [Formerly 411.448; 1975 c.146 §5; 1983 c.696 §19; repealed by 2001 c.900 §261]

 

      416.180 [Formerly 411.452; 1993 c.223 §10; repealed by 2001 c.900 §261]

 

      416.190 [Formerly 411.454; repealed by 2001 c.900 §261]

 

      416.200 [Formerly 411.456; repealed by 2001 c.900 §261]

 

      416.210 [Formerly 411.458; repealed by 2001 c.900 §261]

 

      416.220 [1961 c.605 §19; 1971 c.779 §50; repealed by 2001 c.900 §261]

 

      416.230 [Formerly 411.462; 1971 c.407 §2; repealed by 1979 c.690 §19]

 

      416.240 [Formerly 411.464; repealed by 2001 c.900 §261]

 

      416.250 [Formerly 411.466; repealed by 2001 c.900 §261]

 

      416.260 [Formerly 411.470; 1969 c.45 §2; 1971 c.418 §13; repealed by 2001 c.900 §261]

 

      416.270 [Formerly 411.474; repealed by 2001 c.900 §261]

 

      416.280 [Formerly part of 414.105; repealed by 2001 c.900 §261]

 

RECOVERY FROM ESTATES

 

      416.310 Estate of deceased person liable for aid received; relatives not relieved from obligation of support. (1) Except as otherwise provided by ORS 411.708, the estate of every deceased person who received aid from the state or any county or whose burial expenses have been paid by the state or any county, other than aid received pursuant to ORS 412.006, 444.120 or 444.220, is liable for the actual cost of such aid so rendered or the actual expenses of such burial. The state or the county shall have a just and valid claim against such estate therefor.

      (2) Nothing in this section relieves the parents, children, brothers or sisters of any needy person from their obligation to support such person, or prevents the county court from recovering for such support.

      (3) Nothing in this section authorizes the recovery of the amount of any aid from the estate or surviving spouse of a recipient to the extent that the need for aid resulted from a crime committed against the recipient. [Formerly 411.480; 1985 c.522 §5; 1993 c.249 §6; 2005 c.381 §25]

 

      416.320 Manner of approval and payment of county claims against estate. All claims of the type mentioned in ORS 416.310 shall be itemized and verified by the county clerk and presented by the county clerk to the administrator or executor of the estate; except that the claims shall be verified by the county accountant in counties having a county accountant authorized by ORS chapter 210. The claims shall be approved and paid by the administrator or executor in the manner and in the order of preference provided by law for approval and payment of claims and charges against estates of deceased persons. [Formerly 411.490; 1983 c.310 §19]

 

      416.330 [Formerly 411.500; repealed by 1983 c.537 §7]

 

      416.340 Collection of claim against estate of deceased; waiver of claim. (1) With respect to any claim which the Department of Human Services may have against the estate of a deceased person, the Department of Human Services may, subject to such terms as it may prescribe in any such case:

      (a) Secure payment of such claim in whole or in part by the acceptance of assignments, conveyances, notes, mortgages and other transfers of property or interests therein.

      (b) Waive such claim to the extent that the Department of Human Services finds that the enforcement thereof would tend to defeat the purpose of the public assistance laws.

      (2) To the extent that the need for aid resulted from a crime committed against the recipient, a claim for recovery of the amount of such aid defeats the purpose of the public assistance laws. [1963 c.114 §2; 1985 c.522 §6]

 

PARENTAL SUPPORT OF DEPENDENT CHILDREN

 

      416.400 Definitions for ORS 416.400 to 416.465. As used in ORS 416.400 to 416.465, unless the context requires otherwise:

      (1) “Administrator” has the meaning given that term in ORS 25.010.

      (2) “Court” means any circuit court of this state and any court in another state having jurisdiction to determine the liability of persons for the support of another person.

      (3) “Court order” means any judgment or order of any Oregon court that orders payment of a set or determinable amount of support money by the subject parent and does not include an order or judgment in any proceeding in which the court did not order support.

      (4) “Department” means the Department of Justice of this state or its equivalent in any other state from which a written request for establishment or enforcement of a support obligation is received under ORS 416.415.

      (5) “Dependent child” means any person under the age of 18 who is not otherwise emancipated, self-supporting, married or a member of the Armed Forces of the United States. “Dependent child” also means a child attending school as defined in ORS 107.108.

      (6) “Office” means the office of the Division of Child Support or the office of the district attorney.

      (7) “Parent” means the natural or adoptive father or mother of a dependent child or youth offender. “Parent” also means stepparent when the person has an obligation to support a dependent child under ORS 108.045.

      (8) “Past support” means the amount of child support that could have been ordered and accumulated as arrears against a parent for the benefit of a child for any period of time during which the child was not supported by the parent and for which period no support order was in effect.

      (9) “Public assistance” means any money payments made by the state that are paid to or for the benefit of any dependent child or youth offender, including but not limited to payments made so that food, shelter, medical care, clothing, transportation or other necessary goods, services or items may be provided, and payments made in compensation for the provision of the necessities. “Public assistance” does not include money payments made by the state to or for the benefit of a dependent child as the result of the child’s removal from the parent’s home against the wishes of the parent, if the Department of Human Services determines after completion of a child protective services assessment that the report of abuse is unfounded according to rules adopted by the Department of Human Services.

      (10) “Youth offender” has the meaning given that term in ORS 419A.004. [1979 c.421 §1; 1985 c.567 §1; 1985 c.671 §30; 1987 c.161 §1; 1989 c.519 §3; 1989 c.812 §11; 1995 c.343 §43; 1995 c.422 §131v; 1995 c.514 §8; 1997 c.704 §59; 1999 c.735 §20; 2001 c.455 §21; 2003 c.73 §61; 2003 c.576 §443; 2007 c.643 §1]

 

      Note: Section 3, chapter 643, Oregon Laws 2007, provides:

      Sec. 3. The amendments to ORS 109.015 and 416.400 by sections 1 and 2 of this 2007 Act apply to cases in which a child is taken into protective custody by the Department of Human Services on or after the effective date of this 2007 Act [September 27, 2007]. [2007 c.643 §3]

 

      416.405 Policy. 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 assistance programs. The existing remedies pertaining to family desertion and nonsupport of dependent children are to be augmented by the additional remedies provided in ORS 416.400 to 416.465 which are directed to the real and personal property resources of the responsible parents. These additional remedies are not in lieu of existing law. ORS 416.400 to 416.465 shall be liberally construed and administered to implement the policy stated in this section. [1979 c.421 §2; 1985 c.671 §31]

 

      416.407 Parties to support proceedings; notice. (1) In any proceeding under ORS 416.400 to 416.465, 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 establishing paternity is sought, is being modified or is being enforced under this chapter.

      (c) A noncustodial parent or a male who is alleged to be the father of a child when an action is initiated under this chapter to establish, modify or enforce a support or paternity order.

      (d) A person joined as a party under subsection (2) of this section.

      (2) Pursuant to administrative rule, a party may join a person who has physical custody of a child to a proceeding under ORS 416.400 to 416.465. [1993 c.596 §31; 1999 c.836 §2; 2005 c.560 §9]

 

      416.410 [1979 c.421 §3; 1985 c.671 §32; 1991 c.520 §4; repealed by 1995 c.514 §14]

 

      416.415 Notice and finding of financial responsibility; request for hearing; order. (1)(a) At any time after the state is assigned support rights, a public assistance payment is made, an application for enforcement 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 obligation is received from the state agency of another state responsible for administering the federal child support enforcement program, the administrator may, if there is no court order, issue a notice and finding of financial responsibility. The notice shall be served upon the parent in the manner prescribed for service of summons in a civil action, or by certified mail, return receipt requested. Notices that involve the establishment of paternity must be served by personal service. All notices may be personally served by the administrator on the premises of the offices of the administrator.

      (b) The administrator shall serve the notice and finding issued under this section upon the obligee. Service shall be by regular mail.

      (2) The administrator shall include in the notice:

      (a) A statement of the name of the caretaker relative or agency and the name of the dependent child for whom support is to be paid;

      (b) A statement of the monthly support for which the parent shall be responsible;

      (c) A statement of the past support for which the parent shall be responsible;

      (d) A statement that the parent may be required to provide health care coverage for the dependent child whenever the coverage is available to the parent at a reasonable cost;

      (e) To the extent known, a statement of:

      (A) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the dependent child, including a proceeding brought under ORS 25.287, 107.085, 107.135, 107.431, 108.110, 109.100, 109.103, 109.165, 125.025, 416.425, 419B.400 or 419C.590 or ORS chapter 110; and

      (B) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.303, involving the dependent child;

      (f) A statement that if the parent or the obligee desires to discuss the amount of support or health care coverage that the parent is required to pay or provide, the parent or the obligee may contact the office that sent the notice and request a negotiation conference. If no agreement is reached on the monthly support to be paid, the administrator may issue a new notice and finding of financial responsibility, which may be sent to the parent and to the obligee by regular mail addressed to the parent’s and to the obligee’s last-known address, or if applicable, the parent’s or the obligee’s attorney’s last-known address;

      (g) A statement that if the parent or the obligee objects to all or any part of the notice and finding of financial responsibility, then the parent or the obligee must send to the office issuing the notice, within 20 days of the date of service, a written response that sets forth any objections and requests a hearing. In those cases where the administrator is seeking to establish paternity, then the alleged parent and the obligee will have 30 days to respond instead of 20 days;

      (h) A statement that if such a timely response is received by the appropriate office, either the parent or the obligee or both shall have the right to a hearing; and that if no timely written response is received, the administrator may enter an order in accordance with the notice and finding of financial responsibility;

      (i) A statement that as soon as the order is entered, the property of the parent is subject to collection action, including but not limited to wage withholding, garnishment and liens and execution thereon;

      (j) A reference to ORS 416.400 to 416.465;

      (k) A statement that both the parent and the obligee are responsible for notifying the office of any change of address or employment;

      (L) A statement that if the parent has any questions, the parent should telephone or visit the appropriate office or consult an attorney; and

      (m) Such other information as the administrator finds appropriate.

      (3) If the paternity of the dependent child has not been legally established, the notice and finding of financial responsibility shall also include:

      (a) An allegation that the person is the parent of the dependent child;

      (b) The name of the child’s other parent;

      (c) The child’s date of birth;

      (d) The probable time or period of time during which conception took place; and

      (e) A statement that if the alleged parent or the obligee does not timely send to the office issuing the notice a written response that denies paternity and requests a hearing, then the administrator, without further notice to the alleged parent, or to the obligee, may enter an order that declares and establishes the alleged parent as the legal parent of the child.

      (4) The statement of monthly future support required under subsection (2)(b) and the statement of past support required under subsection (2)(c) of this section are to be computed as follows:

      (a) If there is sufficient information available concerning the parent’s financial and living situation, the formula provided for in ORS 25.275 and 25.280 shall be used; or

      (b) If there is insufficient information available to use the formula, an allegation of ability to pay shall be the basis of the statement.

      (5) The parent or alleged parent and the obligee shall have time to request a hearing as outlined in subsection (2)(g) of this section. The time limits may be extended by the administrator and are nonjurisdictional.

      (6) If a timely written response setting forth objections and requesting a hearing is received by the appropriate office, a hearing shall be held under ORS 416.427.

      (7) If no timely written response and request for hearing is received by the appropriate office, the administrator may enter an order in accordance with the notice, and shall include in that order:

      (a) If the paternity of the dependent child is established by the order, a declaration of that fact;

      (b) The amount of monthly support to be paid, with directions on the manner of payment;

      (c) The amount of past support to be ordered against the parent;

      (d) Whether health care coverage is to be provided for the dependent child;

      (e) The name of the caretaker relative or agency and the name and birthdate of the dependent child for whom support is to be paid; and

      (f) A statement that the property of the parent is subject to collection action, including but not limited to wage withholding, garnishment and liens and execution thereon.

      (8) The parent and the obligee shall be sent a copy of the order by regular mail addressed to the last-known address of each of the parties or if applicable, to the last-known address of an attorney of record for a party. The order is final, and action by the administrator to enforce and collect upon the order, including arrearages, may be taken from the date of issuance of the order.

      (9) The provisions of ORS 107.108 apply to an order entered under this section for the support of a child attending school. [1979 c.421 §4; 1985 c.671 §33; 1989 c.566 §1; 1989 c.811 §7; 1993 c.596 §32; 1995 c.514 §9; 1997 c.704 §62; 2003 c.73 §62; 2003 c.116 §12; 2005 c.560 §10]

 

      416.417 When order of support contingent on child residing in state financed or supported residence. An order for support entered pursuant to ORS 416.400 to 416.465 for a child in the care and custody of the Department of Human Services, or a youth offender or other offender in the legal or physical custody of the Oregon Youth Authority, may be made contingent upon the child, youth offender or other offender residing in a state financed or supported residence, shelter or other facility or institution. A certificate signed by the Director of Human Services, the Administrator of the Division of Child Support or the Director of the Oregon Youth Authority shall be sufficient to establish the periods of residence and to satisfy the order for periods of nonresidence. A hearing to contest the period of nonresidency or failure to satisfy shall be held pursuant to ORS 416.427. [1985 c.610 §8; 1989 c.519 §4; 1995 c.422 §131w; 1999 c.213 §3; 2005 c.560 §11]

 

      416.419 Tribunals for establishment of paternity or for child support order. (1) Except as otherwise provided in subsection (2) of this section, the administrator may act as the tribunal described in ORS 110.304 in the establishment of paternity or of a child support order, or in the modification or enforcement of a child support order.

      (2)(a) When a hearing is requested pursuant to ORS 416.427, the tribunal is the Office of Administrative Hearings, except as provided in ORS 416.430.

      (b) When an order is appealed pursuant to ORS 416.427 (6), the tribunal is a circuit court. [1995 c.608 §15; 1997 c.704 §45; 1999 c.680 §4; 2005 c.560 §12]

 

      416.420 [1979 c.421 §8; repealed by 1989 c.811 §10]

 

      416.422 Past support; consolidation in court proceeding. (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 Child Support Program administered under Title IV-D of the Social Security Act; or

      (b) In the case of a mandatory referral based on the receipt of public assistance, the date of the last referral to the Child Support Program administered under Title IV-D of the Social Security Act.

      (2) If the administrator has issued a notice and finding of financial responsibility under ORS 416.415 that includes a statement of past support but the administrator or an administrative law judge has not issued an order, and a court proceeding that involves the same obligor and child support for the same child is pending or is commenced after the notice is issued, the administrator may certify all matters under the notice to the court for consolidation in the court proceeding. After the matter is certified to the court, the court may, in the same manner as the administrator, order a parent to pay an amount of past support.

      (3) If the administrator does not certify the matter to the court under subsection (2) of this section and the court’s judgment or order does not address past support, the administrator or an administrative law judge may thereafter issue an order directing a parent to pay an amount of past support. [1995 c.514 §16; 2003 c.146 §9; 2003 c.576 §207; 2007 c.71 §106]

 

      416.425 Motions to modify financial responsibility orders; service. (1) Any time support enforcement 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 shall be in writing in a form prescribed by the administrator, shall set out the reasons for modification and shall state the telephone number and address of the party requesting modification.

      (2) The moving party shall state in the motion, to the extent known:

      (a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the dependent child, including a proceeding brought under ORS 25.287, 107.085, 107.135, 107.431, 108.110, 109.100, 109.103, 109.165, 125.025, 416.415, 419B.400 or 419C.590 or ORS chapter 110; and

      (b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.303, involving the dependent child, other than the order the party is moving to modify.

      (3) The moving party shall include with the motion a certificate regarding any pending support proceeding and any existing support order other than the order the party is moving to modify. The party shall use a certificate that is in a form prescribed by the administrator and include information required by the administrator and subsection (2) of this section.

      (4) The moving party shall serve the motion upon the obligor, the obligee, the party holding the support rights and the administrator, as appropriate. The nonrequesting parties must be served in the same manner as provided for service of the notice and finding of financial responsibility under ORS 416.415 (1)(a). Notwithstanding ORS 25.085, the requesting party must be served by first class mail to the requesting party’s last known address. The nonrequesting parties have 30 days to resolve the matter by stipulated agreement or to serve the moving party by regular mail with a written response setting forth any objections to the motion and a request for hearing. The hearing shall be conducted under ORS 416.427.

      (5) When the moving party is other than the administrator and no objections and request for hearing have been served within 30 days, the moving party may submit a true copy of the motion to the administrative law judge as provided in ORS 416.427, except the default may not be construed to be a contested case as defined in ORS chapter 183. Upon proof of service, the administrative law judge shall issue an order granting the relief sought.

      (6) When the moving party is the administrator and no objections and request for hearing have been served within 30 days, the administrator may enter an order granting the relief sought.

      (7) A motion for modification made under this section does not stay the administrator from enforcing and collecting upon the existing order unless so ordered by the court in which the order is entered.

      (8) An administrative order filed in accordance with ORS 416.440 is a final judgment as to any installment or payment of money that has accrued up to the time the nonrequesting party is served with a motion to set aside, alter or modify the judgment. The administrator may not set aside, alter or modify any portion of the judgment that provides for any payment of money for minor children that has accrued before the motion is served. However:

      (a) The administrator may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or judgment, during which the obligor, with the knowledge and consent of the obligee or pursuant to court order, has physical custody of the child; and

      (b) The administrator may allow a credit against child support arrearages for any Social Security or veterans’ benefits paid retroactively to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of a parent’s disability or retirement.

      (9) The party requesting modification has the burden of showing a substantial change of circumstances or that a modification is appropriate under the provisions of ORS 25.287.

      (10) An administrative order modifying a court order is not effective until the administrative order is reviewed and approved by the court that entered the court order. The court shall make a written finding on the record that the administrative order complies with the formula established by ORS chapter 25. The court may approve the administrative order at any time after the order is issued. If upon review the court finds that the administrative order should not be approved, the court shall set the matter for hearing de novo.

      (11) The obligee is a party to all proceedings under this section.

      (12) An order entered under this section that modifies a support order because of the incarceration of the obligor is effective only during the period of the obligor’s incarceration and for 60 days after the obligor’s release from incarceration. The previous support order is reinstated by operation of law on the 61st day after the obligor’s release from incarceration. An order that modifies a support order because of the obligor’s incarceration must contain a notice that the previous order will be reinstated on the 61st day after the obligor’s release from incarceration. [1979 c.421 §5; 1985 c.671 §37; 1989 c.566 §2; 1991 c.519 §4; 1993 c.596 §33; 1995 c.609 §1; 1999 c.127 §1; 1999 c.836 §1; 2003 c.75 §88; 2003 c.116 §13; 2003 c.419 §4; 2003 c.572 §16b; 2003 c.576 §208a; 2005 c.560 §13]

 

      416.427 Hearings procedure; parties; enforcement of order; appeal of order. (1) When a party requests a hearing pursuant to ORS 416.415, 416.417, 416.425 (1) or 416.429, the contested case provisions of ORS chapter 183 apply except as provided in subsection (6) of this section.

      (2) Except as provided in ORS 416.430, hearings shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings.

      (3) The administrative law judge may issue subpoenas for witnesses necessary to develop a full record. The attorney of record for the office of the Division of Child Support or the office of the district attorney may issue subpoenas. Witnesses appearing pursuant to subpoena, other than parties or officers or employees of the administrator, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (2). Obedience to the subpoena may be compelled in the same manner as set out in ORS 183.440 (2).

      (4) Upon issuance of an order, action by the administrator to enforce and collect upon the order, including arrearages, may be taken. Action by the administrator may not be stayed or partially stayed pending appeal or by any court unless there is substantial evidence showing that the obligor would be irreparably harmed and that the obligee would not be irreparably harmed.

      (5) An order issued by the administrative law judge or the administrator is final. The order shall be in full force and effect while any appeal is pending unless the order is stayed by a court. A court may not grant a stay unless there is substantial evidence showing the obligor would be irreparably harmed and that the obligee would not be irreparably harmed.

      (6) Appeal of the order of the administrative law judge or any default or consent order entered by the administrator pursuant to ORS 416.400 to 416.465 may be taken to the circuit court of the county in which the order has been entered pursuant to ORS 416.440 for a hearing de novo. The appeal shall be by petition for review filed within 60 days after the order has been entered pursuant to ORS 416.440. Unless otherwise specifically provided by law, the appeal shall be conducted pursuant to the Oregon Rules of Civil Procedure.

      (7) The obligor, the obligee and the state are parties to any proceedings, including appeals, under this section. [1985 c.671 §35; 1989 c.566 §3; 1989 c.980 §13a; 1993 c.596 §34; 1995 c.608 §6; 1999 c.849 §§78,79; 2003 c.75 §34; 2003 c.576 §§209,210; 2005 c.560 §14]

 

      416.429 Notice of intent to establish and enforce arrearages; request for hearing; order. (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 or mailed to the obligor at the obligor’s last-known address by certified mail, return receipt requested. The administrator shall mail the notice to the obligee by regular mail.

      (2) The notice shall include:

      (a) A statement of the name of the caretaker relative or agency and the name of the dependent child for whom support is to be paid;

      (b) A statement of the monthly support the obligor is required to pay under the support order;

      (c) A statement of the arrearages claimed to be owed under the support order;

      (d) A demand that the obligor make full payment to the Department of Justice or the clerk of the court, whichever is appropriate, within 14 days of the receipt or service of the notice;

      (e) A statement that if full payment or an objection is not received within 14 days, the administrator will enter an order directing that the amount of the arrearages stated in the notice be entered in the child support accounting record maintained by the Department of Justice;

      (f) A statement that if the obligor or the obligee objects to the enforcement of the arrearages, then the objecting party must send to the office issuing the notice, within 14 days of the date of service, a written response that sets forth any objections and requests a hearing;

      (g) A statement that the only basis upon which an obligor or an obligee may object to the enforcement of the arrearages is that the amount of the arrearages specified in the notice is incorrect;

      (h) A reference to ORS 416.400 to 416.465;

      (i) A statement that the obligor and the obligee are responsible for notifying the office of any change of address or employment;

      (j) A statement that if the obligor or the obligee has any questions, the obligor or obligee should telephone or visit the appropriate office or consult an attorney; and

      (k) Such other information as the administrator finds appropriate.

      (3) If a timely written response setting forth objections and requesting a hearing is received by the appropriate office, a hearing shall be held under ORS 416.427.

      (4) If no timely written response and request for hearing is received by the appropriate office, the administrator shall enter an order directing that the amount of the arrearages stated in the notice be entered in the child support accounting record maintained by the Department of Justice.

      (5) Action to administratively enforce and collect upon the arrearages established under this section may be taken 14 days after service of or receipt or refusal of the notice by the obligor or obligee.

      (6) Nothing in this section shall prevent the administrator from using other available enforcement remedies at any time. [1985 c.671 §36; 1991 c.520 §1; 1993 c.596 §35; 1995 c.608 §18; 1999 c.93 §1; 1999 c.735 §21; 2003 c.576 §211]

 

      416.430 Establishing paternity of child; certification of paternity issue to circuit court. (1) The administrator may establish paternity of a child in the course of a support proceeding under ORS 416.400 to 416.465 when both parents sign statements that paternity has not been legally established and that the male parent is the father of the child. The administrator may enter an order which establishes paternity.

      (2) If the parent fails to file a response denying paternity and requesting a hearing within the time period allowed in ORS 416.415 (2), then the administrator, without further notice to the parent, may enter an order, in accordance with ORS 416.415 (7), which declares and establishes the parent as the legal father of the child.

      (3) Any order entered pursuant to subsection (1) or (2) of this section establishes legal paternity for all purposes. The Center for Health Statistics of the Department of Human Services shall prepare a new birth certificate in the new name, if any, of the child. The original birth certificate shall be sealed and filed and may be opened only upon order of a court of competent jurisdiction.

      (4)(a) If paternity is alleged under ORS 416.415 (3) and a written response denying paternity and requesting a hearing is received within the time period allowed in ORS 416.415 (2), or if the administrator determines that there is a valid issue with respect to paternity of the child, the administrator, subject to the provisions of subsections (5) and (6) of this section, shall certify the matter to the circuit court for a determination based upon the contents of the file and any evidence which may be produced at trial. The proceedings in court shall for all purposes be deemed suits in equity. The provisions of ORS 109.145 to 109.230 apply to proceedings certified to court by the administrator pursuant to this section.

      (b) Any response denying paternity and requesting a hearing shall be sent by the enforcement office to the obligee by regular mail.

      (5) An action to establish paternity initiated under ORS 416.400 to 416.465 shall not be certified to court for trial unless all of the following have occurred:

      (a) Blood tests have been conducted;

      (b) The results of the blood tests have been served upon the parties and notice has been given that an order establishing paternity will be entered unless a written objection is received within 30 days; and

      (c) A written objection to the entry of an order has been timely received from a party.

      (6) Notwithstanding the provisions of subsection (5) of this section, the administrator:

      (a) Shall certify the matter to court:

      (A) Within 30 days of receipt by the administrator of a timely written objection to the entry of an order by a party under subsection (5)(c) of this section;

      (B) When a party requests certification in writing after the administrator has received a party’s written denial of paternity if at least 120 days have elapsed from receipt of the denial; or

      (C) Upon receipt of blood test results with a cumulative paternity index of less than 99; and

      (b) May certify the matter to court at any time under any other circumstances.

      (7) If the blood tests conducted under ORS 109.250 to 109.262 result in a cumulative paternity index of 99 or greater, evidence of the tests, together with the testimony of the parent, shall be a sufficient basis upon which to establish paternity and the administrator may enter an order declaring the alleged father as the legal father of the child unless a party objects in writing to the entry of the order. The testimony of the parent may be presented by affidavit.

      (8) Prior to certification to court, the administrator may attempt to resolve the issue of paternity by discovery conducted under the Oregon Rules of Civil Procedure. Unless otherwise specifically provided by statute, the proceedings shall be conducted under the Oregon Rules of Civil Procedure.

      (9) When, in accordance with subsection (6)(a)(A) of this section, a party objects to the entry of an order and the blood tests conducted under ORS 109.250 to 109.262 result in a cumulative paternity index of 99 or greater, notwithstanding the party’s objection, evidence of the tests, together with the testimony of a parent, is a sufficient basis upon which to presume paternity for purposes of establishing temporary support under this section. The court shall, upon motion of any party, enter a temporary order requiring the alleged father to provide support pending the determination of parentage by the court. In determining the amount of support, the court shall use the formula established under ORS 25.275. [1979 c.431 §7; 1983 c.709 §44; 1985 c.671 §38; 1989 c.566 §6; 1991 c.484 §2; 1993 c.596 §36; 1995 c.514 §13; 1995 c.609 §2; 1999 c.80 §28]

 

      416.435 Certification of paternity issue to circuit or juvenile court; trial. (1) Except as provided in subsection (2) of this section, when a response denying paternity and requesting a hearing is received pursuant to ORS 416.415 (3), or paternity is a valid issue as determined by the administrator under ORS 416.430, the certification to the circuit court shall be to the court in the judicial district where the parent or dependent child resides.

      (2) Notwithstanding subsection (1) of this section, if there is an Oregon juvenile court case regarding the dependent child, the matter may be certified to the county that has jurisdiction of the juvenile court case.

      (3) The certification shall include true copies of the notice and finding of financial responsibility, the return of service, the denial of paternity and request for hearing and any other relevant papers.

      (4) The court shall set the matter for trial and notify the parties of the time and place of trial.

      (5) If paternity is established, the monthly support and the amount of past support to be ordered may be established under ORS 416.427. [1979 c.421 §6; 1985 c.671 §39; 1989 c.811 §8; 1991 c.519 §5; 1995 c.514 §10; 2003 c.572 §17]

 

      416.440 Filing order with court; order effective as circuit court judgment. (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 416.400 to 416.465 or ORS chapter 110.

      (b) A true copy of the return of service, if applicable.

      (c) A separate statement containing the information required to be contained in a judgment under ORS 18.042 (2).

      (2) The documents described under subsection (1) of this section shall be filed in the office of the clerk of the circuit court in the county in which either the parent or the dependent child resides or in the county where the court order was entered if the administrative order is an order modifying a court order. Upon receipt of the documents, the clerk shall enter the order in the register of the circuit court, shall note in the register that the order creates a lien and shall make the notations required by ORS 18.075 in the judgment lien record maintained under ORS 18.075.

      (3) Upon entry in the register under subsection (2) of this section, the order shall have all the force, effect and attributes of a judgment of the circuit court, including but not limited to:

      (a) Creation of a judgment lien under ORS chapter 18; and

      (b) Ability to be enforced by contempt proceedings and pursuant to ORS 18.252 to 18.993.

      (4) Notwithstanding subsection (3) of this section, an administrative order modifying a court order shall not become effective until reviewed and approved by the court under ORS 416.425 (10).