US Laws, Codes, Statutes & Cases

Chapter 110 — Uniform Interstate Family Support Act

 

2005 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 United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term “state” includes:

      (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 Oregon and the United States for the exercise of personal jurisdiction. [1993 c.449 §4; 1999 c.80 §47]

 

      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.

      (5) A tribunal of this state that determines by order the identity of the controlling child support order under subsection (2)(a) or (b) of this section or that issues a new controlling child support order under subsection (2)(c) of this section shall state in that order the basis upon which the tribunal made its determination.

      (6) Within 30 days after issuance of the order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal that had issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. [1993 c.449 §10; 1999 c.80 §50]

 

      110.336 Multiple child support orders for two or more obligees. In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of this state shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of this state. [1993 c.449 §11]

 

      110.339 Credit for payments. Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of this state. [1993 c.449 §12]

 

CIVIL PROVISIONS OF GENERAL APPLICATION

 

      110.342 Proceedings under this chapter. (1) Except as otherwise provided in this chapter, this section applies to all proceedings under this chapter.

      (2) This chapter provides for the following proceedings:

      (a) Establishment of an order for spousal support or child support pursuant to ORS 110.392;

      (b) Enforcement of a support order and income-withholding order of another state without registration pursuant to ORS 110.394 to 110.402;

      (c) Registration of an order for spousal support or child support of another state for enforcement pursuant to ORS 110.405 to 110.437;

      (d) Modification of an order for child support or spousal support issued by a tribunal of this state pursuant to ORS 110.324, 110.327 and 110.330;

      (e) Registration of an order for child support of another state for modification pursuant to ORS 110.405 to 110.437;

      (f) Determination of parentage pursuant to ORS 110.438; and

      (g) Assertion of jurisdiction over nonresidents pursuant to ORS 110.318 and 110.321.

      (3) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state that has or can obtain personal jurisdiction over the respondent. [1993 c.449 §13; 1999 c.80 §51]

 

      110.345 Action by minor parent. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child. [1993 c.449 §14]

 

      110.348 Application of law of this state. Except as otherwise provided in this chapter, a responding tribunal of this state:

      (1) Shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and

      (2) Shall determine the duty of support and the amount payable in accordance with the law and support guidelines of this state. [1993 c.449 §15]

 

      110.349 Duties of initiating tribunal. (1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents:

      (a) To the responding tribunal or appropriate support enforcement agency in the responding state; or

      (b) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that the petition and documents be forwarded to the appropriate tribunal and that receipt be acknowledged.

      (2) If a responding state has not enacted the Uniform Interstate Family Support Act or a law or procedure substantially similar to the Uniform Interstate Family Support Act, a tribunal of this state may issue a certificate or other documents and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state. [Formerly 110.354]

 

      110.351 Duties and powers of responding tribunal. (1) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to ORS 110.342 (3), the responding tribunal shall cause the petition or pleading to be filed and notify the petitioner by first-class mail, electronic mail or facsimile, where and when it was filed.

      (2) A responding tribunal of this state, to the extent otherwise authorized by law, may do one or more of the following:

      (a) Issue or enforce a support order, modify a child support order or render a judgment to determine parentage;

      (b) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;

      (c) Order income withholding;

      (d) Determine the amount of any arrearages, and specify a method of payment;

      (e) Enforce orders by civil or criminal contempt, or both;

      (f) Set aside property for satisfaction of the support order;

      (g) Place liens and order execution on an obligor’s property;

      (h) Order an obligor to keep the tribunal informed of the obligor’s current residential address, telephone number, employer, address of employment and telephone number at the place of employment;

      (i) Issue a warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the warrant in any local and state computer system for criminal warrants;

      (j) Order the obligor to seek appropriate employment by specified methods;

      (k) Award reasonable attorney fees and other fees and costs; and

      (L) Grant any other available remedy.

      (3) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.

      (4) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for parenting time.

      (5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order by first-class mail to the petitioner and the respondent and to the initiating tribunal, if any. [1993 c.449 §17; 1997 c.707 §26; 1999 c.80 §53]

 

      110.354 [1993 c.449 §16; 1999 c.80 §52; renumbered 110.349 in 1999]

 

      110.357 Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner by first-class mail where and when the pleading was sent. [1993 c.449 §18]

 

      110.360 Duties of support enforcement agency. (1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.

      (2) A support enforcement agency that is providing services to the petitioner as appropriate shall:

      (a) Take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent;

      (b) Request an appropriate tribunal to set a date, time and place for a hearing;

      (c) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

      (d) Within seven days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written notice from an initiating, responding or registering tribunal, send a copy of the notice by first-class mail to the petitioner;

      (e) Within seven days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written communication from the respondent or the respondent’s attorney, send a copy of the communication by first-class mail to the petitioner; and

      (f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.

      (3) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. [1993 c.449 §19]

 

      110.363 Duty of Attorney General. If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may order the agency to perform its duties under this chapter or may provide those services directly to the individual. [1993 c.449 §20]

 

      110.366 Private counsel. An individual may employ private counsel to represent the individual in proceedings under this chapter. [1993 c.449 §21; 1999 c.80 §54]

 

      110.369 Duties of Attorney General’s office as state information agency. (1) The Attorney General’s office is the state information agency under this chapter.

      (2) The state information agency shall:

      (a) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;

      (b) Maintain a register of tribunals and support enforcement agencies received from other states;

      (c) Forward to the appropriate tribunal in the place in this state in which the individual obligee or the obligor resides, or in which the obligor’s property is believed to be located, all documents concerning a proceeding under this chapter received from an initiating tribunal or the state information agency of the initiating state; and

      (d) Obtain information concerning the location of the obligor and the obligor’s property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor’s address from employers and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver licenses and Social Security. [1993 c.449 §22]

 

      110.372 Pleadings and accompanying documents. (1) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this chapter may verify the petition. Unless otherwise ordered under ORS 110.375, the petition or accompanying documents must provide, so far as known, the names, residential addresses and Social Security numbers of the obligor and the obligee, and the name, sex, residential address, Social Security number and date of birth of each child for whom support is sought. The petition must be accompanied by a copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent.

      (2) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. [1993 c.449 §23; 1999 c.80 §55]

 

      110.375 Nondisclosure of information in exceptional circumstances. Upon a finding, which may be made ex parte, that the health, safety or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if any existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this chapter. [1993 c.449 §24]

 

      110.378 Costs and fees. (1) The petitioner may not be required to pay a filing fee or other costs.

      (2) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee’s witnesses. The tribunal may not assess fees, costs or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney’s own name. Payment of support owed to the obligee has priority over fees, costs and expenses.

      (3) The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. In a proceeding under ORS 110.432, 110.435, 110.436 and 110.437, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. [1993 c.449 §25; 1999 c.80 §56]

 

      110.379 Limited immunity of petitioner. (1) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

      (2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.

      (3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while present in this state to participate in the proceeding. [Formerly 110.308]

 

      110.381 Nonparentage as defense. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter. [1993 c.449 §27]

 

      110.384 Special rules of evidence and procedure. (1) The physical presence of the petitioner in a responding tribunal of this state is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage.

      (2) A verified petition, affidavit, document substantially complying with federally mandated forms and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, are admissible in evidence if given under oath by a party or witness residing in another state.

      (3) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.

      (4) Copies of bills for testing for parentage and for prenatal and postnatal health care of the mother and child furnished to the adverse party at least 20 days before trial are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.

      (5) Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopier or other means that does not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.

      (6) In a proceeding under this chapter, a tribunal of this state may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.

      (7) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.

      (8) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter. [1993 c.449 §28]

 

      110.387 Communication between tribunals. A tribunal of this state may communicate with a tribunal of another state in writing, by telephone or other means to obtain information concerning the laws of that state, the legal effect of a judgment, decree or order of that tribunal and the status of a proceeding in the other state. A tribunal of this state may furnish similar information by similar means to a tribunal of another state. [1993 c.449 §29]

 

      110.390 Assistance with discovery. A tribunal of this state may:

      (1) Request a tribunal of another state to assist in obtaining discovery; and

      (2) Upon request, compel a person over whom the tribunal has jurisdiction to respond to a discovery order issued by a tribunal of another state. [1993 c.449 §30]

 

      110.391 Receipt and disbursement of payments. A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received. [Formerly 110.393]

 

ESTABLISHMENT OF SUPPORT ORDER

 

      110.392 Petition to establish support order. (1) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state may issue a support order if:

      (a) The individual seeking the order resides in another state; or

      (b) The support enforcement agency seeking the order is located in another state.

      (2) The tribunal may issue a temporary child support order if:

      (a) The respondent has signed a verified statement acknowledging parentage;

      (b) The respondent has been determined by or pursuant to law to be the parent; or

      (c) There is other clear and convincing evidence that the respondent is the child’s parent.

      (3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to ORS 110.351. [Formerly 110.396]

 

      110.393 [1993 c.449 §31; renumbered 110.391 in 1999]

 

ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION

 

      110.394 Employer’s receipt of income-withholding order of another state. An income-withholding order issued in another state may be sent by first-class mail to the person or entity defined as the obligor’s employer under the income-withholding law of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state. [Formerly 110.399]

 

      110.395 Employer’s compliance with income-withholding order of another state. (1) Upon receipt of the order described in ORS 110.394, the obligor’s employer shall immediately provide a copy of the order to the obligor.

      (2) The employer shall treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.

      (3) Except as provided by subsection (4) of this section and ORS 110.397, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order that specify:

      (a) The duration and the amount of periodic payments of current child support, stated as a sum certain;

      (b) The person or agency designated to receive payments and the address to which the payments are to be forwarded;

      (c) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment;

      (d) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee’s attorney, stated as sums certain; and

      (e) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

      (4) An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to:

      (a) The employer’s fee for processing an income-withholding order.

      (b) The maximum amount permitted to be withheld from the obligor’s income.

      (c) The times within which the employer must implement the withholding order and forward the child support payment. [1997 c.746 §89; 1999 c.80 §89]

 

      110.396 [1993 c.449 §32; renumbered 110.392 in 1999]

 

      110.397 Employer’s compliance with multiple income-withholding orders. If an obligor’s employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees. [1997 c.746 §90]

 

      110.398 Immunity from civil liability. An employer who complies with an income-withholding order issued in another state in accordance with ORS 110.394 to 110.402 is not subject to civil liability to an individual or agency with regard to the employer’s withholding of child support from the obligor’s income. [1997 c.746 §91; 1999 c.80 §90]

 

      110.399 [1993 c.449 §33; 1995 c.608 §17; 1999 c.80 §57; renumbered 110.394 in 1999]

 

      110.400 Penalties for noncompliance. An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state. [1997 c.746 §92]

 

      110.401 Contest by obligor. (1) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state in the same manner as if the order had been issued by a tribunal of this state. ORS 110.411 applies to a contest under this section.

      (2) The obligor shall give notice of the contest to:

      (a) A support enforcement agency providing services to the obligee;

      (b) Each employer that has directly received an income-withholding order; and

      (c) The person or agency designated to receive payments in the income-withholding order or, if no person or agency is designated, to the obligee. [1997 c.746 §93; 1999 c.80 §91]

 

      110.402 Administrative enforcement of order. (1) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.

      (2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the laws of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter. [1993 c.449 §34]

 

ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION

 

      110.405 Registration of order for enforcement; procedure to register order for enforcement. (1) A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement.

      (2) A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to the Division of Child Support of the Department of Justice to forward to the registering tribunal as directed in ORS 110.369:

      (a) A letter of transmittal to the tribunal requesting registration and enforcement;

      (b) Two copies of all orders to be registered, including any modification of an order;

      (c) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;

      (d) The name of the obligor and, if known:

      (A) The obligor’s address and Social Security number;

      (B) The name and address of the obligor’s employer and any other source of income of the obligor; and

      (C) A description and the location of property of the obligor in this state not exempt from execution; and

      (e) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.