2007 Oregon Code - Chapter 25 :: Chapter 25 - Support Enforcement
Chapter 25 — Support
Enforcement
2007 EDITION
SUPPORT ENFORCEMENT
PROCEDURE IN CIVIL PROCEEDINGS
GENERAL PROVISIONS
25.010Â Â Â Â Â Â Definitions
for support enforcement laws
25.011      “Address”
defined
25.015Â Â Â Â Â Â When
payment on support order begins; determining; notification of date
25.020Â Â Â Â Â Â When
support payment to be made to Department of Justice; collection agency
services; duties of department; credit for payments not made to department;
rules
25.025Â Â Â Â Â Â Annual
notice to parties receiving services under ORS 25.020
25.030Â Â Â Â Â Â When
payment payable to bank account or escrow agent
25.070Â Â Â Â Â Â Order
may include payment of support enforcement fees; limitation
25.075Â Â Â Â Â Â Cooperative
agreements with Indian tribes or tribal organizations
25.080Â Â Â Â Â Â Entity
primarily responsible for support enforcement services; duties; application
fees; rules
25.081Â Â Â Â Â Â Access
to records with Social Security number
25.082Â Â Â Â Â Â Administrative
subpoenas; civil penalty; rules
25.083Â Â Â Â Â Â High-volume
automated administrative enforcement services
25.085Â Â Â Â Â Â Service
on obligee; methods
25.089Â Â Â Â Â Â Enforcement
and modification of child support judgments
25.091Â Â Â Â Â Â Multiple
child support judgments
25.100Â Â Â Â Â Â Transfer
of files to county where party resides or property located
25.110Â Â Â Â Â Â Jurisdiction
of circuit court in county to which files transferred
25.125Â Â Â Â Â Â Disposition
of support obligation overpayments; rules
25.130Â Â Â Â Â Â Election
of alternative support payment method; termination of election
25.140Â Â Â Â Â Â Copies
of new or modified support orders to department
25.150Â Â Â Â Â Â Department
to collect fees for services
25.160Â Â Â Â Â Â Referral
of support cases by district attorney to department; duration of collection
services
25.164Â Â Â Â Â Â Payment
of support through Department of Justice
25.167Â Â Â Â Â Â Procedure
for determining arrearages
25.170Â Â Â Â Â Â Proceedings
to require delinquent obligor to appear for examination of financial
circumstances
25.180Â Â Â Â Â Â Examination
of obligorÂ’s financial circumstances
25.190Â Â Â Â Â Â Continuance
of proceedings; certification of matter to court; service of notice to obligor
and obligee
25.200Â Â Â Â Â Â Arrest
of obligor for failure to appear
25.210Â Â Â Â Â Â Use
of obligorÂ’s property for delinquent support payments
25.213Â Â Â Â Â Â Assignment
of proceeds of insurance policy to secure support obligation
25.220Â Â Â Â Â Â Computer
printouts of administrator; evidence of authenticity not required in support
proceedings; evidentiary effect
25.230Â Â Â Â Â Â Court
authorized to require security for support payments
25.240Â Â Â Â Â Â Order
to pay support by parent with legal custody of minor
25.243Â Â Â Â Â Â Grievance
procedure; rules
25.245Â Â Â Â Â Â Rebuttable
presumption of inability to pay child support when parent receiving certain
assistance payments; rules
25.260Â Â Â Â Â Â Confidentiality
of records; rules
25.265Â Â Â Â Â Â Access
to information in Federal Parent Locator Service; rules
FORMULA FOR DETERMINING AMOUNT OF CHILD
SUPPORT
25.270Â Â Â Â Â Â Legislative
findings
25.275Â Â Â Â Â Â Formula
for determining child support awards; criteria to be considered; mandated
standards; reduction; rules
25.280Â Â Â Â Â Â Formula
amount presumed correct; rebuttal of presumption; criteria
25.287Â Â Â Â Â Â Proceedings
to modify orders to comply with formula; when proceeding may be initiated;
issues considered
25.290Â Â Â Â Â Â Determining
disposable income of obligor; offsets; rules
HEALTH CARE COVERAGE
25.321Â Â Â Â Â Â Definitions
for ORS 25.321 to 25.343
25.323Â Â Â Â Â Â Health
care coverage; rules
25.325Â Â Â Â Â Â Enforcing
health care coverage
25.327Â Â Â Â Â Â Service
of medical support notice
25.329Â Â Â Â Â Â Actions
required after service of medical support notice; rules
25.331Â Â Â Â Â Â Obligation
to withhold
25.333Â Â Â Â Â Â Contesting
medical support notice
25.335Â Â Â Â Â Â Termination
of support order
25.337Â Â Â Â Â Â Liability
25.339Â Â Â Â Â Â Priority
of medical support notice
25.341Â Â Â Â Â Â Notice
of termination of employerÂ’s relationship with providing party
25.343Â Â Â Â Â Â Authorization
for reimbursement payments
INCOME WITHHOLDING AND PAYMENT RECORDS
25.372Â Â Â Â Â Â Applicability
25.375Â Â Â Â Â Â Priority
of withholding
25.378Â Â Â Â Â Â Payment
of support by income withholding; initiation of income withholding
25.381Â Â Â Â Â Â Establishing
income withholding as method of paying support; records
25.384Â Â Â Â Â Â Statement
on withholding in support order
25.387Â Â Â Â Â Â Withholding
more than amount authorized by law
25.390Â Â Â Â Â Â Amendment
of support order not required for withholding
25.393Â Â Â Â Â Â Remedy
additional to other remedies
25.396Â Â Â Â Â Â Exception
to withholding; termination of withholding; rules
25.399Â Â Â Â Â Â Notice
of order to withhold; contents of notice
25.402Â Â Â Â Â Â Service
of order on withholder; contents
25.405Â Â Â Â Â Â Contesting
order to withhold; basis
25.408Â Â Â Â Â Â Withholding
is continuing obligation
25.411Â Â Â Â Â Â When
withholding begins; payment to Department of Justice or obligee
25.414Â Â Â Â Â Â Standard
amount to be withheld; processing fee; rules
25.417Â Â Â Â Â Â Amount
to be withheld when obligor paid more frequently than monthly
25.421Â Â Â Â Â Â Procedure
if withholder does not withhold support
25.424Â Â Â Â Â Â Liability
of withholder for withholding and for failing to withhold; unlawful employment
practice
25.427Â Â Â Â Â Â Rules
INCOME TAX INTERCEPT
25.610Â Â Â Â Â Â Procedure
to collect support orders from state tax refunds; voluntary withholding; rules
25.620Â Â Â Â Â Â Procedures
to collect past due support from state tax refunds; fees
25.625Â Â Â Â Â Â Federal
tax offset; passport denial; rules
DISCLOSURES OF INFORMATION BY FINANCIAL
INSTITUTIONS
25.640Â Â Â Â Â Â Definitions
for ORS 25.643 and 25.646
25.643Â Â Â Â Â Â Disclosure
of information on obligors by financial institutions; fees; liability
25.646Â Â Â Â Â Â Disclosure
of financial records of customers by financial institutions; liability
CONSUMER REPORTING AGENCIES
25.650Â Â Â Â Â Â Information
on past due support to consumer reporting agencies; rules
LIENS ON PERSONAL PROPERTY
25.670Â Â Â Â Â Â Judgment
lien on personal property
25.680Â Â Â Â Â Â Effect
of lien; priority
25.690Â Â Â Â Â Â Foreclosure
of lien
MISCELLANEOUS
25.710Â Â Â Â Â Â Duty
of district attorney
25.715Â Â Â Â Â Â Child
support paid from security deposit
25.720Â Â Â Â Â Â When
support assignable
25.725Â Â Â Â Â Â Child
Support Deposit Fund
25.727Â Â Â Â Â Â Garnishing
income of person required to provide health insurance for child eligible under
Medicaid
25.729Â Â Â Â Â Â Application
of laws to effectuate purposes of ORS chapter 110
SUSPENSION OF OCCUPATIONAL AND DRIVER
LICENSES
25.750Â Â Â Â Â Â Suspension
of licenses, certificates, permits and registrations; when authorized; rules
25.752Â Â Â Â Â Â Memberships
in professional organizations that are required by state law
25.756Â Â Â Â Â Â Identifying
persons holding licenses, certificates, permits and registrations
25.759Â Â Â Â Â Â Notice
to persons subject to suspension; contents
25.762Â Â Â Â Â Â Agreement
between obligor and administrator; effect of failure to contest suspension or
to enter into agreement
25.765Â Â Â Â Â Â Procedure
if obligor contacts administrator within time limits; hearing
25.768Â Â Â Â Â Â Judicial
review of order
25.771Â Â Â Â Â Â Obligor
holding more than one license, certificate, permit or registration
25.774Â Â Â Â Â Â Reinstatement
25.777Â Â Â Â Â Â Reimbursing
issuing entities for costs incurred
25.780Â Â Â Â Â Â Other
licenses, certificates, permits and registrations subject to suspension
25.783Â Â Â Â Â Â Confidentiality
of information
25.785Â Â Â Â Â Â Issuing
entities to require Social Security number
EMPLOYER REPORTING PROGRAM
25.790Â Â Â Â Â Â Hiring
or rehiring individual; report required; contents
25.792Â Â Â Â Â Â Confidentiality
25.794Â Â Â Â Â Â Verification
of employment; information about compensation and benefits; rules
PENALTIES
25.990Â Â Â Â Â Â Penalties
GENERAL PROVISIONS
     25.010
Definitions for support enforcement laws. As used in ORS chapters 25, 107, 109 and 416 and any other statutes
providing for support payments or support enforcement procedures, unless the
context requires otherwise:
     (1) “Administrator” means either the
Administrator of the Division of Child Support of the Department of Justice or
a district attorney, or the administratorÂ’s or a district attorneyÂ’s authorized
representative.
     (2) “Child” has the meaning given that
term in ORS 110.303.
     (3) “Child support rights” means the right
to establish or enforce an obligation imposed or imposable by law to provide
support, including but not limited to medical support and an unsatisfied
obligation to provide support.
     (4) “Department” means the Department of
Justice.
     (5) “Disposable income” means that part of
the income of an individual remaining after the deduction from the income of
any amounts required to be withheld by law except laws enforcing spousal or
child support and any amounts withheld to pay medical or dental insurance
premiums.
     (6) “Employer” means any entity or
individual who engages an individual to perform work or services for which
compensation is given in periodic payments or otherwise.
     (7) “Income” is any monetary obligation in
excess of $4.99 after the fee described in ORS 25.414 (6) has been deducted
that is in the possession of a third party owed to an obligor and includes but
is not limited to:
     (a) Compensation paid or payable for
personal services whether denominated as wages, salary, commission, bonus or
otherwise;
     (b) Periodic payments pursuant to a
pension or retirement program;
     (c) Cash dividends arising from stocks,
bonds or mutual funds;
     (d) Interest payments;
     (e) Periodic payments from a trust
account;
     (f) Any program or contract to provide
substitute wages during times of unemployment or disability;
     (g) Any payment pursuant to ORS chapter
657; or
     (h) Amounts payable to independent
contractors.
     (8) “Obligee” has the meaning given that
term in ORS 110.303.
     (9) “Obligor” has the meaning given that
term in ORS 110.303.
     (10) “Order to withhold” means an order or
other legal process that requires a withholder to withhold support from the
income of an obligor.
     (11) “Public assistance” has the meaning
given that term in ORS 416.400.
     (12) “Withholder” means any person who
disburses income and includes but is not limited to an employer, conservator,
trustee or insurer of the obligor. [Formerly 23.760; 1991 c.362 §1; 1993 c.798 §4;
1995 c.608 §1; 1997 c.704 §13; 1999 c.80 §1; 2001 c.334 §2; 2001 c.455 §1; 2003
c.572 §2; 2005 c.560 §1]
     25.011
“Address” defined. As used
in ORS chapters 25, 106, 107, 108, 109, 110 and 416, when a person is required
to provide an address, “address” means a residence, mailing or contact address
in the same state as the person’s home. [1993 c.448 §1; 1995 c.608 §25]
     Note: 25.011 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 25 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     25.015
When payment on support order begins; determining; notification of date. (1) The Department of Justice shall notify
the parties to a support order that payment is to commence on the first due
date following the date of the notice when:
     (a) The department receives a copy of a
support order of a court that requires payments to be made through the
department or for which there is an application for support enforcement
services;
     (b) The department commences accounting
services; and
     (c) The order has been entered within the
previous 180 days.
     (2) The department shall include in the
notice under subsection (1) of this section a statement that no later than 60
days after the date of the notice the department shall adjust the account to
reflect an accrued arrearage for the period of time between the effective date
of the order and the date of the notice unless a party requests that the
department establish the arrearage on the account as provided in ORS 25.167 or
416.429.
     (3) If, within 60 days after the date of
the notice under subsection (1) of this section, a party requests the
department to establish the arrearage as provided in ORS 25.167 or 416.429, the
department may not reflect an accrued arrearage on the account until the
arrearage has been established.
     (4) If a party does not request the
department to establish the arrearage as provided in subsection (3) of this
section, the department shall adjust the account to reflect the arrearage for
the period of time between the effective date of the order and the date of the
notice. [1997 c.500 §2; 1999 c.18 §4]
     25.020
When support payment to be made to Department of Justice; collection agency
services; duties of department; credit for payments not made to department;
rules. (1) Support payments
for or on behalf of any person that are ordered, registered or filed under this
chapter or ORS chapter 107, 108, 109, 110, 416, 419B or 419C, unless otherwise
authorized by ORS 25.030, shall be made to the Department of Justice as the
state disbursement unit:
     (a) During periods for which support is
assigned under ORS 412.024, 418.032, 419B.406 or 419C.597;
     (b) As provided by rules adopted under ORS
180.345, when public assistance is provided to a person who receives or has a
right to receive support payments on the personÂ’s own behalf or on behalf of
another person;
     (c) After the assignment of support
terminates for as long as amounts assigned remain owing;
     (d) For any period during which support
enforcement services are provided under ORS 25.080;
     (e) When ordered by the court under ORS
419B.400;
     (f) When a support order that is entered
or modified on or after January 1, 1994, includes a provision requiring the
obligor to pay support by income withholding; or
     (g) When ordered by the court under any
other applicable provision of law.
     (2) The Department of Justice shall
disburse payments, after lawful deduction of fees and in accordance with
applicable statutes and rules, to those persons and entities that are lawfully
entitled to receive such payments.
     (3)(a) When the administrator is providing
support enforcement services under ORS 25.080, the obligee may enter into an
agreement with a collection agency, as defined in ORS 697.005, for assistance
in collecting child support payments.
     (b) The Department of Justice:
     (A) Shall disburse support payments, to
which the obligee is legally entitled, to the collection agency if the obligee
submits the completed form referred to in paragraph (c)(A) of this subsection
to the department;
     (B) May reinstate disbursements to the
obligee if:
     (i) The obligee requests that
disbursements be made directly to the obligee;
     (ii) The collection agency violates any
provision of this subsection; or
     (iii) The Department of Consumer and
Business Services notifies the Department of Justice that the collection agency
is in violation of the rules adopted under ORS 697.086;
     (C) Shall credit the obligor’s account for
the full amount of each support payment received by the department and
disbursed to the collection agency; and
     (D) Shall develop the form referred to in
paragraph (c)(A) of this subsection, which shall include a notice to the
obligee printed in type size equal to at least 12-point type that the obligee
may be eligible for support enforcement services from the department or the
district attorney without paying the interest or fee that is typically charged
by a collection agency.
     (c) The obligee shall:
     (A) Provide to the department, on a form
approved by the department, information about the agreement with the collection
agency; and
     (B) Promptly notify the department when
the agreement is terminated.
     (d) The collection agency:
     (A) May provide investigative and location
services to the obligee and disclose relevant information from those services
to the administrator for purposes of providing support enforcement services
under ORS 25.080;
     (B) May not charge interest or a fee for
its services exceeding 29 percent of each support payment received unless the
collection agency, if allowed by the terms of the agreement between the
collection agency and the obligee, hires an attorney to perform legal services
on behalf of the obligee;
     (C) May not initiate, without written
authorization from the administrator, any enforcement action relating to
support payments on which support enforcement services are provided by the
administrator under ORS 25.080; and
     (D) Shall include in the agreement with
the obligee a notice printed in type size equal to at least 12-point type that
provides information on the fees, penalties, termination and duration of the
agreement.
     (e) The administrator may use information
disclosed by the collection agency to provide support enforcement services
under ORS 25.080.
     (4) The Department of Justice may
immediately transmit to the obligee payments received from any obligor without
waiting for payment or clearance of the check or instrument received if the
obligor has not previously tendered any payment by a check or instrument that
was not paid or was dishonored.
     (5) The Department of Justice shall notify
each obligor and obligee by mail when support payments shall be made to the
department and when the obligation to make payments in this manner shall cease.
     (6)(a) The administrator shall provide
information about a child support account directly to a party to the support
order regardless of whether the party is represented by an attorney. As used in
this subsection, “information about a child support account” means the:
     (A) Date of issuance of the support order.
     (B) Amount of the support order.
     (C) Dates and amounts of payments.
     (D) Dates and amounts of disbursements.
     (E) Payee of any disbursements.
     (F) Amount of any arrearage.
     (G) Source of any collection.
     (b) Nothing in this subsection limits the
information the administrator may provide by law to a party who is not
represented by an attorney.
     (7) Any pleading for the entry or
modification of a support order must contain a statement that payment of
support under a new or modified order will be by income withholding unless an
exception to payment by income withholding is granted under ORS 25.396.
     (8)(a) Except as provided in paragraphs
(d) and (e) of this subsection, a judgment or order establishing paternity or
including a provision concerning support must contain:
     (A) The residence, mailing or contact
address, Social Security number, telephone number and driver license number of
each party;
     (B) The name, address and telephone number
of all employers of each party;
     (C) The names and dates of birth of the
joint children of the parties; and
     (D) Any other information required by rule
adopted by the Chief Justice of the Supreme Court under ORS 1.002.
     (b) The judgment or order shall also
include notice that the obligor and obligee:
     (A) Must inform the court and the
administrator in writing of any change in the information required by this
subsection within 10 days after the change; and
     (B) May request that the administrator
review the amount of support ordered after three years, or such shorter cycle
as determined by rule of the Department of Justice, or at any time upon a
substantial change of circumstances.
     (c) The administrator may require of the
parties any additional information that is necessary for the provision of
support enforcement services under ORS 25.080.
     (d)(A) Upon a finding, which may be made
ex parte, that the health, safety or liberty of a party or child would
unreasonably be put at risk by the disclosure of information specified in this
subsection or by the disclosure of other information concerning a child or
party to a paternity or support proceeding or if an existing order so requires,
a court or administrator or administrative law judge, when the proceeding is
administrative, shall order that the information not be contained in any
document provided to another party or otherwise disclosed to a party other than
the state.
     (B) The Department of Justice shall adopt
rules providing for similar confidentiality for information described in
subparagraph (A) of this paragraph that is maintained by an entity providing
support enforcement services under ORS 25.080.
     (e) The Chief Justice of the Supreme Court
may, in consultation with the Department of Justice, adopt rules under ORS
1.002 to designate information specified in this subsection as confidential and
require that the information be submitted through an alternate procedure to
ensure that the information is exempt from public disclosure under ORS 192.502.
     (9)(a) Except as otherwise provided in
paragraph (b) of this subsection, in any subsequent child support enforcement
action, the court or administrator, upon a showing of diligent effort made to
locate the obligor or obligee, may deem due process requirements to be met by
mailing notice to the last-known residential, mailing or employer address or
contact address as provided in ORS 25.085.
     (b) Service of an order directing an
obligor to appear in a contempt proceeding is subject to ORS 33.015 to 33.155.
     (10) Subject to ORS 25.030, this section,
to the extent it imposes any duty or function upon the Department of Justice,
shall be deemed to supersede any provisions of ORS chapters 107, 108, 109, 110,
416, 419A, 419B and 419C that would otherwise impose the same duties or
functions upon the county clerk or the Department of Human Services.
     (11) Except as provided for in subsections
(12), (13) and (14) of this section, credit may not be given for payments not
made to the Department of Justice as required under subsection (1) of this
section.
     (12) The Department of Justice shall give
credit for payments not made to the department:
     (a) When payments are not assigned to this
or another state and the obligee and obligor agree in writing that specific
payments were made and should be credited;
     (b) When payments are assigned to the
State of Oregon, the obligor and obligee make sworn written statements that
specific payments were made, canceled checks or other substantial evidence is
presented to corroborate their statements and the obligee has been given prior
written notice of any potential criminal or civil liability that may attach to
an admission of the receipt of assigned support;
     (c) When payments are assigned to another
state and that state verifies that payments not paid to the department were
received by the other state; or
     (d) As provided by rule adopted under ORS
180.345.
     (13) An obligor may apply to the
Department of Justice for credit for payments made other than to the Department
of Justice. If the obligee or other state does not provide the agreement, sworn
statement or verification required by subsection (12) of this section, credit
may be given pursuant to order of an administrative law judge assigned from the
Office of Administrative Hearings after notice and opportunity to object and be
heard are given to both obligor and obligee. Notice shall be served upon the
obligee as provided by ORS 25.085. Notice to the obligor may be by regular mail
at the address provided in the application for credit. A hearing conducted
under this subsection is a contested case hearing and ORS 183.413 to 183.470
apply. Any party may seek a hearing de novo in the circuit court.
     (14) Nothing in this section precludes the
Department of Justice from giving credit for payments not made to the
department when there has been a judicially determined credit or satisfaction
or when there has been a satisfaction of support executed by the person to whom
support is owed.
     (15) The Department of Justice shall adopt
rules that:
     (a) Direct how support payments that are
made through the department are to be applied and distributed; and
     (b) Are consistent with federal
regulations. [Formerly 23.765; 1991 c.724 §19; 1993 c.33 §366; 1993 c.448 §2;
1993 c.596 §1; 1995 c.608 §2; 1997 c.704 §14; 1999 c.18 §1; 1999 c.80 §42; 1999
c.798 §1; 2001 c.322 §1; 2001 c.455 §§2,3; 2001 c.961 §1; 2003 c.73 §17a; 2003
c.75 §23; 2003 c.380 §§6,7; 2003 c.421 §§1,2; 2003 c.572 §3; 2003 c.576 §§292,293a;
2005 c.561 §2; 2007 c.878 §1]
     Note: The amendments to 25.020 by section 10,
chapter 861,
     25.020. (1) Support payments for or on behalf of any
person that are ordered, registered or filed under this chapter or ORS chapter
107, 108, 109, 110, 416, 419B or 419C, unless otherwise authorized by ORS
25.030, shall be made to the Department of Justice as the state disbursement
unit:
     (a) During periods for which support is
assigned under ORS 412.024, 418.032, 419B.406 or 419C.597;
     (b) As provided by rules adopted under ORS
180.345, when public assistance is provided to a person who receives or has a
right to receive support payments on the personÂ’s own behalf or on behalf of
another person;
     (c) After the assignment of support
terminates for as long as amounts assigned remain owing;
     (d) For any period during which support
enforcement services are provided under ORS 25.080;
     (e) When ordered by the court under ORS
419B.400;
     (f) When a support order that is entered
or modified on or after January 1, 1994, includes a provision requiring the
obligor to pay support by income withholding; or
     (g) When ordered by the court under any
other applicable provision of law.
     (2)(a) The Department of Justice shall
disburse payments, after lawful deduction of fees and in accordance with
applicable statutes and rules, to those persons and entities that are lawfully
entitled to receive such payments.
     (b) During a period for which support is
assigned under ORS 412.024, for an obligee described in subsection (1)(b) of
this section, the department shall distribute to the obligee, from child
support collected each month, $50 for each child up to a maximum of $200 per
family.
     (3)(a) When the administrator is providing
support enforcement services under ORS 25.080, the obligee may enter into an
agreement with a collection agency, as defined in ORS 697.005, for assistance
in collecting child support payments.
     (b) The Department of Justice:
     (A) Shall disburse support payments, to
which the obligee is legally entitled, to the collection agency if the obligee
submits the completed form referred to in paragraph (c)(A) of this subsection
to the department;
     (B) May reinstate disbursements to the
obligee if:
     (i) The obligee requests that disbursements
be made directly to the obligee;
     (ii) The collection agency violates any
provision of this subsection; or
     (iii) The Department of Consumer and
Business Services notifies the Department of Justice that the collection agency
is in violation of the rules adopted under ORS 697.086;
     (C) Shall credit the obligor’s account for
the full amount of each support payment received by the department and
disbursed to the collection agency; and
     (D) Shall develop the form referred to in
paragraph (c)(A) of this subsection, which shall include a notice to the
obligee printed in type size equal to at least 12-point type that the obligee
may be eligible for support enforcement services from the department or the
district attorney without paying the interest or fee that is typically charged
by a collection agency.
     (c) The obligee shall:
     (A) Provide to the department, on a form
approved by the department, information about the agreement with the collection
agency; and
     (B) Promptly notify the department when
the agreement is terminated.
     (d) The collection agency:
     (A) May provide investigative and location
services to the obligee and disclose relevant information from those services
to the administrator for purposes of providing support enforcement services
under ORS 25.080;
     (B) May not charge interest or a fee for
its services exceeding 29 percent of each support payment received unless the
collection agency, if allowed by the terms of the agreement between the
collection agency and the obligee, hires an attorney to perform legal services
on behalf of the obligee;
     (C) May not initiate, without written
authorization from the administrator, any enforcement action relating to
support payments on which support enforcement services are provided by the
administrator under ORS 25.080; and
     (D) Shall include in the agreement with
the obligee a notice printed in type size equal to at least 12-point type that
provides information on the fees, penalties, termination and duration of the
agreement.
     (e) The administrator may use information
disclosed by the collection agency to provide support enforcement services
under ORS 25.080.
     (4) The Department of Justice may
immediately transmit to the obligee payments received from any obligor without
waiting for payment or clearance of the check or instrument received if the
obligor has not previously tendered any payment by a check or instrument that
was not paid or was dishonored.
     (5) The Department of Justice shall notify
each obligor and obligee by mail when support payments shall be made to the
department and when the obligation to make payments in this manner shall cease.
     (6)(a) The administrator shall provide
information about a child support account directly to a party to the support
order regardless of whether the party is represented by an attorney. As used in
this subsection, “information about a child support account” means the:
     (A) Date of issuance of the support order.
     (B) Amount of the support order.
     (C) Dates and amounts of payments.
     (D) Dates and amounts of disbursements.
     (E) Payee of any disbursements.
     (F) Amount of any arrearage.
     (G) Source of any collection.
     (b) Nothing in this subsection limits the
information the administrator may provide by law to a party who is not
represented by an attorney.
     (7) Any pleading for the entry or
modification of a support order must contain a statement that payment of
support under a new or modified order will be by income withholding unless an
exception to payment by income withholding is granted under ORS 25.396.
     (8)(a) Except as provided in paragraphs
(d) and (e) of this subsection, a judgment or order establishing paternity or
including a provision concerning support must contain:
     (A) The residence, mailing or contact
address, Social Security number, telephone number and driver license number of
each party;
     (B) The name, address and telephone number
of all employers of each party;
     (C) The names and dates of birth of the
joint children of the parties; and
     (D) Any other information required by rule
adopted by the Chief Justice of the Supreme Court under ORS 1.002.
     (b) The judgment or order shall also
include notice that the obligor and obligee:
     (A) Must inform the court and the
administrator in writing of any change in the information required by this
subsection within 10 days after the change; and
     (B) May request that the administrator
review the amount of support ordered after three years, or such shorter cycle
as determined by rule of the Department of Justice, or at any time upon a
substantial change of circumstances.
     (c) The administrator may require of the
parties any additional information that is necessary for the provision of
support enforcement services under ORS 25.080.
     (d)(A) Upon a finding, which may be made
ex parte, that the health, safety or liberty of a party or child would
unreasonably be put at risk by the disclosure of information specified in this
subsection or by the disclosure of other information concerning a child or
party to a paternity or support proceeding or if an existing order so requires,
a court or administrator or administrative law judge, when the proceeding is
administrative, shall order that the information not be contained in any
document provided to another party or otherwise disclosed to a party other than
the state.
     (B) The Department of Justice shall adopt
rules providing for similar confidentiality for information described in
subparagraph (A) of this paragraph that is maintained by an entity providing
support enforcement services under ORS 25.080.
     (e) The Chief Justice of the Supreme Court
may, in consultation with the Department of Justice, adopt rules under ORS
1.002 to designate information specified in this subsection as confidential and
require that the information be submitted through an alternate procedure to
ensure that the information is exempt from public disclosure under ORS 192.502.
     (9)(a) Except as otherwise provided in
paragraph (b) of this subsection, in any subsequent child support enforcement
action, the court or administrator, upon a showing of diligent effort made to
locate the obligor or obligee, may deem due process requirements to be met by
mailing notice to the last-known residential, mailing or employer address or
contact address as provided in ORS 25.085.
     (b) Service of an order directing an
obligor to appear in a contempt proceeding is subject to ORS 33.015 to 33.155.
     (10) Subject to ORS 25.030, this section,
to the extent it imposes any duty or function upon the Department of Justice,
shall be deemed to supersede any provisions of ORS chapters 107, 108, 109, 110,
416, 419A, 419B and 419C that would otherwise impose the same duties or
functions upon the county clerk or the Department of Human Services.
     (11) Except as provided for in subsections
(12), (13) and (14) of this section, credit may not be given for payments not
made to the Department of Justice as required under subsection (1) of this
section.
     (12) The Department of Justice shall give
credit for payments not made to the department:
     (a) When payments are not assigned to this
or another state and the obligee and obligor agree in writing that specific
payments were made and should be credited;
     (b) When payments are assigned to the
State of Oregon, the obligor and obligee make sworn written statements that
specific payments were made, canceled checks or other substantial evidence is
presented to corroborate their statements and the obligee has been given prior
written notice of any potential criminal or civil liability that may attach to
an admission of the receipt of assigned support;
     (c) When payments are assigned to another
state and that state verifies that payments not paid to the department were
received by the other state; or
     (d) As provided by rule adopted under ORS
180.345.
     (13) An obligor may apply to the
Department of Justice for credit for payments made other than to the Department
of Justice. If the obligee or other state does not provide the agreement, sworn
statement or verification required by subsection (12) of this section, credit
may be given pursuant to order of an administrative law judge assigned from the
Office of Administrative Hearings after notice and opportunity to object and be
heard are given to both obligor and obligee. Notice shall be served upon the
obligee as provided by ORS 25.085. Notice to the obligor may be by regular mail
at the address provided in the application for credit. A hearing conducted
under this subsection is a contested case hearing and ORS 183.413 to 183.470
apply. Any party may seek a hearing de novo in the circuit court.
     (14) Nothing in this section precludes the
Department of Justice from giving credit for payments not made to the
department when there has been a judicially determined credit or satisfaction
or when there has been a satisfaction of support executed by the person to whom
support is owed.
     (15) The Department of Justice shall adopt
rules that:
     (a) Direct how support payments that are
made through the department are to be applied and distributed; and
     (b) Are consistent with federal
regulations.
     25.025
Annual notice to parties receiving services under ORS 25.020. Once each year, the Department of Justice
shall notify the parties in child support cases receiving services under ORS
25.020 of all the following:
     (1) When physical custody of a child
changes from the obligee to the obligor, the obligation to pay child support
for the child is not automatically terminated.
     (2) When a physical change of custody of a
child occurs, either party may request a modification of the support order to
terminate support based on a substantial change of circumstances.
     (3) At the request of either party, child
support may be established for the parent with current physical custody of the
child.
     (4) If a change in the physical custody of
a child is temporary, the obligee may satisfy support accruing for the child
for periods that the child is in the physical custody of the obligor as
provided in ORS 18.225, 18.228, 18.232 and 18.235. [1997 c.385 §4; 2003 c.73 §18;
2003 c.576 §575]
     Note: 25.025 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 25 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     25.030
When payment payable to bank account or escrow agent. (1) Support orders in respect of obligees
not subject to ORS 25.020 may provide for payment under the order to a checking
or savings account or by electronic transfer to an account maintained by an
escrow agent, licensed under ORS 696.511, for distribution to the obligee, if
the obligor and obligee have so elected or if the court in its discretion
believes that payment to a checking or savings account or payment by electronic
transfer to an account maintained by a licensed escrow agent will be in the
best interest of the parties.
     (2) Subsection (1) of this section applies
only if an election has been made as provided in ORS 25.130. [Formerly 23.767;
1989 c.976 §36; 1991 c.230 §32; 1997 c.872 §4; 1999 c.80 §78; 2003 c.210 §1]
     25.040 [Formerly 23.775; 1993 c.33 §281; 1993 c.448
§3; repealed by 1999 c.80 §95]
     25.050 [Formerly 23.777; 1989 c.633 §4; 1989 c.726 §4;
1991 c.519 §1; repealed by 1993 c.798 §21]
     25.060 [Formerly 23.780; repealed by 1999 c.80 §95]
     25.070
Order may include payment of support enforcement fees; limitation. Any judgment or order entered in a
proceeding for the enforcement of any delinquent support obligation, including
an order entered under ORS 25.378, shall include, on the motion of the Division
of Child Support of the Department of Justice or the district attorney, if
either has appeared in the case, an order for payment of any support
enforcement fees required by law in addition to any other costs chargeable to
the obligor, and in addition to the support obligation. The Department of
Justice shall deduct the amount of any previously imposed support enforcement
fees from any payment subsequently made by the obligor but the amount of the
deduction shall not exceed 25 percent of any payment. The support enforcement
fee, when collected, shall be paid to the Division of Child Support of the
Department of Justice or the district attorney, whichever appeared in the case.
[Formerly 23.787; 1993 c.798 §34; 1997 c.704 §15; 1999 c.80 §79; 2003 c.576 §294]
     25.075
Cooperative agreements with Indian tribes or tribal organizations. (1) Notwithstanding the provisions of ORS
25.080, the Department of Justice may enter into cooperative agreements with
Indian tribes or tribal organizations within the borders of this state, if the
Indian tribe or tribal organization demonstrates that the tribe or organization
has an established tribal court system or a Court of Indian Offenses with the
authority to:
     (a) Establish paternity;
     (b) Establish, modify and enforce support
orders; and
     (c) Enter support orders in accordance
with child support guidelines established by the tribe or organization.
     (2) The agreements must provide for the
cooperative delivery of child support enforcement services and for the
forwarding of all child support collections pursuant to the functions performed
by the tribe or organization to the department, or conversely, by the
department to the tribe or organization, which shall distribute the child
support collections in accordance with the agreement. [1997 c.746 §131; 1999
c.735 §5; 2003 c.73 §19]
     Note: 25.075 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 25 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     25.080
Entity primarily responsible for support enforcement services; duties;
application fees; rules. (1)
This subsection describes the entity primarily responsible for providing
support enforcement services described in subsection (4) of this section for
any order or judgment that is or could be entered under ORS chapter 107, 108,
109, 110 or 416 or ORS 419B.400 or 419C.590. The entity shall provide the
support enforcement services described in subsection (4) of this section on
behalf of the State of
     (a) The Division of Child Support of the
Department of Justice:
     (A) If support rights are, or were within
the past five months, assigned to this or another state; or
     (B) In any case where arrearage under a
support order is assigned or owed to or the right to recover back support or
state debt is held by this state or another state.
     (b) Except as provided in subsection (6)
of this section, the district attorney in cases other than those described in
paragraph (a) of this subsection if the obligee, obligor, beneficiary or person
having physical custody of a minor child regarding any support order that has
been imposed or could be imposed requests support enforcement services.
     (2) The Department of Justice shall adopt
rules addressing the provision of support enforcement services when the
purposes of the state in providing those services may be contradictory in
individual cases.
     (3) Notwithstanding the division of
responsibility for providing support enforcement services between the Division
of Child Support and the district attorney as described in subsection (1) of
this section, provision of support enforcement services may not be challenged
on the basis that the entity providing the services in a particular case is not
the entity responsible for the case under subsection (1) of this section.
     (4) When responsible for providing support
enforcement services and there is sufficient evidence available to support the
action to be taken, the entity described in subsection (1) of this section:
     (a) Shall establish and enforce any child
support obligation;
     (b) Shall establish paternity;
     (c) Shall enforce spousal support when the
obligee is living with the obligorÂ’s child for whom support enforcement
services are being provided and those services are funded in part by federal
moneys;
     (d) May enforce any other order or
judgment for spousal support;
     (e) Shall, on behalf of the state,
initiate and respond to child support modification proceedings based upon a
substantial change of circumstances;
     (f) Shall, on behalf of the state,
initiate and respond to child support modification proceedings based upon a
modification conducted under ORS 25.287 concerning existing child support
orders;
     (g) Shall establish and enforce obligations
to provide medical insurance coverage for dependent children;
     (h) Shall ensure compliance with the
provisions of 42 U.S.C. 651 to 669 and 45 C.F.R. Chapter III as authorized by
state law;
     (i) Shall carry out the policy of the
State of Oregon regarding child support obligations as expressed in ORS
416.405; and
     (j) Shall ensure that child support orders
are in compliance with the formula established by this chapter.
     (5) In any proceeding under subsection (4)
of this section, the parties are those described in ORS 416.407.
     (6) The district attorney of any county
and the department may provide by agreement for assumption by the Division of
Child Support of the functions of the district attorney under subsection (1) of
this section or for redistribution between the district attorney and the
Division of Child Support of all or any portion of the duties, responsibilities
and functions set forth in subsections (1) and (4) of this section.
     (7) All county governing bodies and all
district attorneys shall enter into child support cooperative agreements with
the department. The following apply to this subsection:
     (a) The agreements shall contain
appropriate terms and conditions sufficient for the state to comply with all
child support enforcement service requirements under federal law; and
     (b) If this state loses any federal funds
due to the failure of a county governing body or district attorney to either
enter into an agreement under this subsection or to provide sufficient support
enforcement service, the county shall be liable to the department for, and the
liability shall be limited to, the amount of money the state determines it lost
because of the failure. The state shall offset the loss from any moneys the
state is holding for or owes the county or from any moneys the state would pay
to the county for any purpose.
     (8) The Department of Justice shall enter
into an agreement with the Oregon District Attorneys Association to establish a
position or positions to act as a liaison between the Division of Child Support
and those district attorneys who provide support enforcement services under
this section. The department shall fund the position or positions. The Oregon
District Attorneys Association shall administer the liaison position or
positions under the agreement. The liaison shall work to:
     (a) Enhance the participation and
interaction of the district attorneys in the development and implementation of
Child Support Program policies and services; and
     (b) Increase the effectiveness of child
support enforcement services provided by the district attorneys.
     (9) The district attorney or the Division
of Child Support, whichever is appropriate, shall provide the services
specified in subsections (1) and (4) of this section to any person requesting
them, but may in their discretion, upon a determination and notice to the
person requesting the service that the prospect of successful recovery from the
obligor of a portion of the delinquency or future payments is remote, require
payment to the district attorney or the Division of Child Support of an
application fee, in accordance with an application fee schedule established by
rule by the department. If service performed results in the district attorney
or the Division of Child Support recovering any support enforcement fees, the
fees shall be paid to the applicant in an amount equal to the amount of the
application fee.
     (10) An obligee may request the Division
of Child Support or a district attorney to cease all collection efforts if it
is anticipated that physical or emotional harm will be caused to the parent or
caretaker relative or the child for whom support was to have been paid. The
department, by rule, shall set out the circumstances under which such requests
shall be honored. [Formerly 23.790; 1991 c.758 §1; 1993 c.33 §367; 1995 c.608 §9;
1997 c.704 §16; 2001 c.900 §236; 2003 c.73 §20; 2003 c.576 §295; 2005 c.560 §2]
     25.081
Access to records with Social Security number. (1) Notwithstanding any other provision of
law, an entity providing support enforcement services under ORS 25.080 shall
have access, using a Social Security number as an identifier, to any record
required by law to contain the Social Security number of an individual.
     (2) To the maximum extent feasible, a
public body maintaining records described in ORS 25.785, including automated
records, shall make the records accessible by Social Security number for
purposes of support enforcement.
     (3) For purposes of this section, “public
body” has the meaning given that term in ORS 192.410. [1997 c.746 §118]
     Note: 25.081 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 25 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     25.082
Administrative subpoenas; civil penalty; rules. (1) When services are being provided under
Title IV-D of the Social Security Act, the enforcing agency of this or any
other state may subpoena financial records and other information needed to
establish paternity or to establish, modify or enforce a support order. The
subpoena may be served on a party or on a public or private entity. Service of
the subpoena may be by certified mail.
     (2) A party or public or private entity
that discloses information to the enforcing agency in compliance with a
subpoena served under subsection (1) of this section is not liable to any
person for any loss, damage or injury arising out of the disclosure.
     (3) Upon request of an enforcing agency of
another state, only a court or enforcing agency of Oregon may enforce a
subpoena issued by the enforcing agency of the other state.
     (4) Notwithstanding ORS 192.575, a party
or public or private entity that fails without good cause to comply with a
subpoena issued under this section is subject to a civil penalty not to exceed
$250. A civil penalty under this section must be imposed in the manner provided
by ORS 183.745.
     (5) The Department of Justice shall adopt
rules to implement the provisions of this section. [1997 c.746 §33; 2003 c.73 §21]
     Note: 25.082 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 25 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     25.083
High-volume automated administrative enforcement services. (1) As necessary to meet the requirements of
42 U.S.C. 666(a)(14), the Division of Child Support of the Department of
Justice, when requested by another state, shall provide high-volume automated
administrative enforcement services. In providing services to another state
under this section, the division may:
     (a) Through automated data matches with
financial institutions and other entities where assets may be found, identify
assets owned by persons who owe child support in other states; and
     (b) Seize such assets by execution as
defined in ORS 18.005 or by such other processes to seize property as the
division is authorized by law to use.
     (2) A request by another state for
services provided under subsection (1) of this section:
     (a) Must include information, as required
by rule, that will enable the department to compare the information about the
case with information in databases within
     (b) Constitutes a certification by the
state requesting the services:
     (A) Of the amount of periodic support
under an order, the payment of which is in arrears; and
     (B) That it has complied with all
procedural due process requirements applicable to the case.
     (3) The administrator is authorized to
request from other states services of the type provided under subsection (1) of
this section. [1999 c.930 §2; 2001 c.249 §71; 2003 c.576 §576]
     25.085
Service on obligee; methods.
(1) In any proceeding under ORS 25.080, service of legal documents upon an
obligee may be by regular mail to the address at which the obligee receives
public assistance, to an address provided by the obligee on the obligeeÂ’s
application for child support enforcement services or to any other address
given by the obligee. When service is authorized by regular mail under this
section, proof of service may be by notation upon the computerized case record
made by the person making the mailing. The notation shall set forth the address
to which the documents were mailed, the date they were mailed, the description
of the documents mailed and the name of the person making the notation. If the
documents are returned by the postal service as undeliverable as addressed,
that fact shall be noted on the computerized case record. If no new address for
service by regular mail can be obtained, service shall be by certified mail,
return receipt requested or by personal service upon the obligee.
     (2) Notwithstanding any other provision of
this chapter or ORS chapter 110 or 416, when a case is referred to this state
by a public child support agency of another state for action in this state,
there is no requirement that an obligee, present in the initiating state and
receiving child support enforcement services from that state, be served in any
action taken in this state as a consequence of the interstate referral. In such
cases the requirement to serve the obligee that would otherwise apply is
satisfied by sending to the initiating agency in the other state, by regular
mail, any documents that would otherwise be served upon the obligee.
     (3) The appropriate child support agency
of the state shall make any mailings to or service upon the obligee that is
required by this section. [1993 c.596 §17; 1995 c.608 §26; 1997 c.249 §16; 1999
c.87 §1; 2003 c.572 §4]
     Note: 25.085 was added to and made a part of ORS
chapter 25 by legislative action but was not added to any series therein. See
Preface to Oregon Revised Statutes for further explanation.
     25.089
Enforcement and modification of child support judgments. (1) As used in this section, “child support
judgment” means the terms of a judgment or order of a court, or an order that
has been filed under ORS 416.440, that provide for past or current monetary
support or for a health benefit plan under ORS 25.321 to 25.343 for the benefit
of a child. “Child support judgment” does not include any term of a judgment or
order that deals with matters other than monetary support or a health benefit
plan under ORS 25.321 to 25.343 for the benefit of a child.
     (2)(a) A child support judgment
originating under ORS 416.440 has all the force, effect and attributes of a
circuit court judgment. The judgment lien created by a child support judgment
originating under ORS 416.440 applies to all arrearages owed under the
underlying order from the date the administrator or administrative law judge
entered, filed or registered the underlying order under ORS 416.400 to 416.465
or ORS chapter 110.
     (b) Until the underlying order is filed
under ORS 416.440, the order may not be enforced against and has no lien effect
on real property.
     (c) No action to enforce a child support
judgment originating under ORS 416.440 may be taken while the child support
judgment is stayed under ORS 416.427, except as permitted in the order granting
the stay.
     (3) In any judicial or administrative proceeding
in which child support may be awarded under this chapter or ORS chapter 107,
108, 109, 110 or 416 or ORS 125.025, 419B.400 or 419C.590, if a child support
judgment already exists with regard to the same obligor and child:
     (a) A court may only enforce the existing
child support judgment, modify the existing child support judgment as
specifically authorized by law or set aside the existing child support judgment
under subsection (6) of this section or under the provisions of ORCP 71. If the
court sets aside the existing child support judgment, the court may issue a new
child support judgment.
     (b) The administrator or administrative
law judge may only enforce the existing child support judgment, modify the
existing child support judgment as specifically authorized by law or, with
regard to an existing child support judgment originating under ORS 416.400,
move to set aside the existing child support judgment under subsection (6) of
this section or for the reasons set out in ORCP 71.
     (4) If the administrator or administrative
law judge finds that there exist two or more child support judgments involving
the same obligor and child and the same period of time, the administrator or
administrative law judge shall apply the provisions of ORS 416.448.
     (5)(a) If the court finds that there exist
two or more child support judgments involving the same obligor and child and
the same period of time, and each judgment was issued in this state, the court
shall apply the provisions of ORS 25.091 to determine the controlling terms of
the child support judgments and to issue a governing child support judgment as
defined in ORS 25.091.
     (b) If the court finds that there exist
two or more child support judgments involving the same obligor and child and
the same period of time, and one or more of the judgments was issued by a
tribunal of another state, the court shall apply the provisions of ORS chapter
110 to determine which judgment is the controlling child support order.
     (6) Subject to the provisions of
subsection (3) of this section, a court may modify or set aside a child support
judgment issued in this state when:
     (a) The child support judgment was issued
without prior notice to the issuing court, administrator or administrative law
judge that:
     (A) There was pending in this state or any
other jurisdiction any type of support proceeding involving the child; or
     (B) There existed in this state or any
other jurisdiction another child support judgment involving the child; or
     (b) The child support judgment was issued
after another child support judgment, and the later judgment did not enforce,
modify or set aside the earlier judgment in accordance with this section.
     (7) When modifying a child support
judgment, the court, administrator or administrative law judge shall specify in
the modification judgment the effects of the modification on the child support
judgment being modified. [2003 c.146 §2; 2003 c.576 §298a; 2005 c.22 §14]
     Note: 25.089 and 25.091 were added to and made a
part of ORS chapter 25 by legislative action but were not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     25.090 [Formerly 23.790; repealed by 1999 c.80 §95]
     25.091
Multiple child support judgments. (1) As used in this section:
     (a) “Child support judgment” has the
meaning given that term in ORS 25.089.
     (b) “Governing child support judgment”
means a child support judgment issued in this state that addresses both
monetary support and a health benefit plan under ORS 25.321 to 25.343 and is
entitled to exclusive prospective enforcement or modification with respect to
any earlier child support judgment issued in this state.
     (2) Notwithstanding any other provision of
this section or ORS 25.089, when two or more child support judgments exist
involving the same obligor and child and one or more of the judgments was
issued by a tribunal of another state, the court shall apply the provisions of
ORS chapter 110 before enforcing or modifying a judgment under this section or
ORS 25.089.
     (3) When two or more child support
judgments exist involving the same obligor and child and the same period, any
party to one or more of the child support judgments or the administrator, under
ORS 416.448, may file a petition with the court for a governing child support
judgment under this section. When a matter involving a child is before the
court and the court finds that two or more child support judgments exist
involving the same obligor and child and the same period, the court on its own
motion, and after notice to all affected parties, may determine the controlling
terms of the child support judgments and issue a governing child support
judgment under this section.
     (4) When two or more child support
judgments exist involving the same obligor and child and the same period, and
each judgment was issued in this state, there is a presumption that the terms
of the last-issued child support judgment are the controlling terms and
terminate contrary terms of each earlier-issued child support judgment, except
that:
     (a) When the last-issued child support
judgment is silent about monetary support for the benefit of the child, the
monetary support terms of an earlier-issued child support judgment continue;
and
     (b) When the last-issued child support
judgment is silent about a health benefit plan under ORS 25.321 to 25.343 for
the benefit of a child, the health benefit plan terms of an earlier-issued
child support judgment continue.
     (5) A party may rebut the presumption in
subsection (4) of this section by showing that:
     (a) The last-issued child support judgment
should be set aside under the provisions of ORCP 71;
     (b) The last-issued child support judgment
was issued without prior notice to the issuing court, administrator or
administrative law judge that:
     (A) There was pending in this state or any
other jurisdiction any type of support proceeding involving the child; or
     (B) There existed in this state or any
other jurisdiction another child support judgment involving the child; or
     (c) The last-issued child support judgment
was issued after an earlier child support judgment and did not enforce, modify
or set aside the earlier child support judgment in accordance with ORS 25.089.
     (6) When a court finds that two or more
child support judgments exist involving the same obligor and child and the same
period, and each child support judgment was issued in this state, the court
shall set the matter for hearing to determine the controlling terms of the
child support judgments. When the child support judgments were issued in
different counties of this state, the court may cause the records from the
original proceedings to be transmitted to the court in accordance with ORS
25.100.
     (7) Following a review of each child
support judgment and any other evidence admitted by the court:
     (a) The court shall apply the presumption
in subsection (4) of this section, unless the presumption is rebutted, and
shall determine the controlling terms of the child support judgments; and
     (b) Notwithstanding ORS 25.089 (3), the
court shall issue a governing child support judgment addressing both monetary
support and a health benefit plan under ORS 25.321 to 25.343 for the benefit of
the child.
     (8) The governing child support judgment
must include:
     (a) A reference to each child support
judgment considered and a copy of the judgment;
     (b) A determination of which terms
regarding monetary support and a health benefit plan under ORS 25.321 to 25.343
are controlling and which child support judgment or judgments contain those
terms;
     (c) An affirmation, termination or modification
of the terms regarding monetary support and a health benefit plan under ORS
25.321 to 25.343 in each of the child support judgments;
     (d) Except as provided in subsection (9)
of this section, a reconciliation of any monetary support arrears or credits
under all of the child support judgments; and
     (e) The effective date of each controlling
term and the termination date of each noncontrolling term in each of the child
support judgments. In determining these dates, the court may apply the following:
     (A) A controlling term is effective on the
date specified in the child support judgment containing that term or, if no
date is specified, on the date the child support judgment was entered as
described in ORS 18.075.
     (B) A noncontrolling term is terminated on
the date the governing child support judgment is entered as described in ORS
18.075.
     (9) The court may order the parties, in a
separate proceeding under ORS 25.167 or 416.429, to reconcile any monetary
support arrears or credits under all of the child support judgments.
     (10) When the governing child support
judgment is entered as described in ORS 18.075, the noncontrolling terms of
each earlier child support judgment regarding monetary support or a health
benefit plan under ORS 25.321 to 25.343 are terminated. However, subject to
subsection (11) of this section, the entry of the governing child support
judgment does not affect any support payment arrearage or any liability related
to health benefit plan coverage that has accrued under a child support judgment
before the governing child support judgment is entered.
     (11) For purposes of reconciling any
monetary support arrears or credits under all of the child support judgments,
amounts collected and credited for a particular period under one child support
judgment must be credited against the amounts accruing or accrued for the same
period under any other child support judgment.
     (12) Not sooner than 30 days and not later
than 60 days after entry of the governing child support judgment, a party named
by the court, or the petitioner if the court names no other party, shall file a
certified copy of the governing child support judgment with each court or the
administrator that issued an earlier child support judgment. A party who fails
to file a certified copy of the governing child support judgment as required by
this subsection is subject to monetary sanctions, including but not limited to
attorney fees, costs and disbursements. A failure to file does not affect the
validity or enforceability of the governing child support judgment.
     (13) This section applies to any judicial
proceeding in which child support may be awarded or modified under this chapter
or ORS chapter 107, 108, 109 or 416 or ORS 125.025, 419B.400, 419B.923,
419C.590 or 419C.610. [2003 c.146 §3; 2005 c.22 §15; 2005 c.83 §2]
     Note: See note under 25.089.
     Note: Section 1, chapter 83, Oregon Laws 2005,
provides:
     Sec.
1. (1) As used in this
section:
     (a) “Administrator” has the meaning given
that term in ORS 25.010.
     (b) “Child support judgment” has the
meaning given that term in ORS 25.089.
     (2) Notwithstanding the provisions of ORS
25.089, 25.091 and 416.448 to the contrary, the monetary support terms of a
child support judgment originating under ORS 416.440 are terminated by the
monetary support terms of a later-issued child support judgment of a court if:
     (a) The two child support judgments
involve the same obligor and child and the same period;
     (b) The administrator was providing
services under ORS 25.080;
     (c) The later-issued child support
judgment was entered before January 1, 2004;
     (d) The administrator or a court gave the
later-issued child support judgment precedence over the earlier-issued child
support judgment originating under ORS 416.440; and
     (e) All parties had an opportunity to
challenge the amount of child support ordered in the later-issued child support
judgment.
     (3) Notwithstanding the provisions of ORS
25.091 (11) and 416.448 (7), for purposes of reconciling any monetary support
arrears or credits under the two child support judgments described in
subsection (2) of this section:
     (a) The monetary support terms of the
child support judgment originating under ORS 416.440 are deemed terminated on
the effective date of the later-issued child support judgment; and
     (b) Entry of the later-issued child
support judgment does not affect any support payment arrearage or credit that
has accrued under the earlier-issued child support judgment originating under
ORS 416.440. [2005 c.83 §1; 2007 c.356 §2]
     25.100
Transfer of files to county where party resides or property located. (1) With respect to any order or judgment
entered pursuant to ORS 107.095, 107.105, 108.120, 109.155, 416.400 to 416.465,
419B.400 or 419C.590 or ORS chapter 110, if a party seeking modification or
enforcement of an order or judgment for the payment of money files a
certificate to the effect that a party is presently in another county of this
state, the court may, upon motion of the party, order that certified copies of
the files, records and prepared transcripts of testimony in the original
proceeding be transmitted to the clerk of the circuit court of any county in
this state in which the obligee or obligor resides, or in which property of the
obligor is located.
     (2) Any files, records and prepared transcripts
of testimony maintained in the county to which certified copies have been
transmitted as provided in subsection (1) of this section shall be auxiliary to
those maintained in the county of origin, whose files, records and prepared
transcripts shall remain the official record.
     (3) The original of any order entered in
the auxiliary county under ORS 25.110 shall be entered in the files and records
of the auxiliary county and certified copies thereof shall be forwarded to the
county of origin for filing. The party submitting the original order for
signature shall submit an extra copy for forwarding by the clerk and shall
indicate on that copy where it is to be forwarded.
     (4) Notwithstanding any file number
assigned in the auxiliary county for purposes of identification, the file
number assigned in the county of origin shall be the reference number for all
purposes including support payment records in the Department of Justice. [Formerly
23.795; 1993 c.33 §283; 1995 c.608 §27; 1995 c.609 §4; 1997 c.704 §18; 1999
c.80 §43; 2003 c.576 §296]
     25.110
Jurisdiction of circuit court in county to which files transferred. (1) Upon receipt of such certified copies
referred to in ORS 25.100, the circuit court of the county to which such
certified copies have been transmitted shall have jurisdiction to compel
compliance with such order or judgment the same as if it were the court which
made and entered the original order or judgment for the payment of support. The
only court having jurisdiction to modify any provision of the original order or
judgment is the court having original jurisdiction of the cause in which such
order or judgment was entered or the circuit court of the county in which
either party resides if that court has received the certified copies referred to
in ORS 25.100.
     (2) The provisions of ORS 25.100 (2) to
(4) shall apply to this section. [Formerly 23.800; 2003 c.576 §297]
     25.120 [Formerly 23.805; 1993 c.33 §284; repealed
by 1999 c.80 §95]
     25.125
Disposition of support obligation overpayments; rules. (1) The Department of Justice may return
moneys to an obligor when the department determines that the obligor has paid
more moneys than are due under a support obligation. However, when the obligor
has an ongoing support obligation, the department may give the obligor credit
for the excess amount paid and apply the credit to the future support
obligation until the credit is fully used. When the department applies a credit
to offset a future support obligation, the department shall so notify the obligee.
The notice must inform the obligee that, if the obligee requests, the
department will conduct an administrative review to determine if the record
keeping and accounting related to the calculation of the credit balance is
correct. The department shall conduct the administrative review within 30 days
after receiving the request.
     (2) An overpayment in favor of the state
is created when the Department of Justice, under ORS 25.020, has transmitted
moneys received from an obligor to an obligee or a collection agency, a child
support agency of another state or an agency of this state and:
     (a) The amount transmitted is more than
the support obligation requires and the Department of Justice has returned the
excess to the obligor under subsection (1) of this section;
     (b) The Department of Justice has
misapplied moneys received; or
     (c) The amount transmitted is attributable
in whole or in part to a tax refund offset collection all or part of which has
been taken back by the Internal Revenue Service or the Department of Revenue.
     (3)(a) The obligee or the agency to whom
the moneys were transmitted owes the amount of the overpayment to the state.
The Department of Justice shall:
     (A) Attempt to recover the overpayment if
it is cost-effective to do so;
     (B) Notify the obligee or the agency to
whom the overpayment was made that the obligee or agency owes money to the
state and specify the amount of the overpayment to be returned to the
department; and
     (C) Give the obligee opportunity to
object.
     (b) If the obligee does not file a timely
written objection, the overpayment amount determined by the department is final
and the provisions of subsection (4) of this section apply. If the department
does not resolve an objection to an obligeeÂ’s satisfaction, an administrative law
judge assigned from the Office of Administrative Hearings shall hear the
objection. An order by the administrative law judge is final. An obligee may
appeal the decision of an administrative law judge to the circuit court for a
hearing de novo.
     (c) Notwithstanding paragraph (a) of this
subsection, if an agency of this or another state owes the overpayment, the
agency shall return the amount of the overpayment to the department without
notice and opportunity to object.
     (4) The amount of the overpayment specified
in subsection (3)(a) of this section is a liquidated debt and a delinquent
amount owed to the state. The Department of Justice may recover the debt by
obtaining from the obligee a voluntary assignment of a portion of future
support payments to be applied to the debt or in any other way permitted by
law.
     (5)(a) In addition to the debt created
under subsection (2) of this section, a debt in favor of the state is created
when:
     (A) The Department of Justice receives a
check for support amounts due from an obligor or withholder subject to an order
to withhold under this chapter;
     (B) The Department of Justice transmits
the amount to the obligee, a child support agency of another state or an agency
of this state; and
     (C) The check is dishonored.
     (b) When a debt is created under paragraph
(a) of this subsection, the obligor or withholder who presented the check owes
the amount of money specified on the check to the state.
     (c) The Department of Justice shall:
     (A) Attempt to recover the debt if it is cost-effective
to do so;
     (B) Notify the obligor or withholder who
presented the check that the obligor or withholder owes the money to the state;
and
     (C) Specify the amount of the debt to be
paid to the department.
     (d) The amount of the debt specified in
paragraph (c) of this subsection is a liquidated debt and a delinquent amount
owed to the state. The Department of Justice may recover the debt in any way
permitted under law.
     (6)(a) When a motion has been filed to
terminate, vacate or set aside a support order or to modify a support order
because of a change in physical custody of the child, the administrator may
suspend enforcement of the support order if:
     (A) Collection of support would result in
a credit balance if the motion were granted; and
     (B) The obligee does not object to
suspending enforcement of the support order.
     (b) The obligee may object, within 14 days
after the date of the notice of intent to suspend enforcement of the support
order, only on the grounds that:
     (A) The child is not in the physical
custody of the obligor;
     (B) The child is in the physical custody
of the obligor without the consent of the obligee; or
     (C) A credit balance would not result if
the motion were granted.
     (c) A party may appeal the administrator’s
decision to suspend or not to suspend enforcement of the support order under
ORS 183.484.
     (d) As used in this subsection, “credit
balance” means that payments have been made in excess of all amounts owed by an
obligor for ongoing and past due child support.
     (7) The Department of Justice shall adopt
rules to carry out the provisions of this section. [1997 c.385 §2; 2001 c.961 §2;
2003 c.73 §22a; 2003 c.75 §72; 2003 c.572 §5; 2005 c.560 §3]
     25.130
Election of alternative support payment method; termination of election. (1) The parties may elect to make support
payments as provided in ORS 25.030 unless the provisions of ORS 25.020 (1)
apply. The election terminates when the provisions of ORS 25.020 (1) apply
subsequent to the election.
     (2) The election must be in writing and
filed with the court that entered the support order. The election must be
signed by both the obligor and the obligee and must specify the amount of the
support payment, the date payment is due, the court order number and:
     (a) The account number of the checking or
savings account that is to be used; or
     (b) The name of an escrow agent, licensed
under ORS 696.511, to whom, and the account number into which, the payments are
to be electronically transferred.
     (3) Notice of termination of the bank or
escrow agent option and payment requirements pursuant to ORS 25.020 or 25.030
shall be sent by the Department of Justice to the obligorÂ’s and to the obligeeÂ’s
last-known address. [Formerly 23.807; 1993 c.596 §3; 1995 c.608 §8; 1997 c.704 §19;
1999 c.80 §80; 2003 c.210 §2]
     25.140
Copies of new or modified support orders to department. Counties that have heretofore transferred
the collection, accounting and disbursement responsibilities to the Department
of Justice, or that have elected not to maintain support collections,
accounting and disbursement services, and clerks of courts not maintaining
support collection services, shall forward to the department copies of all new
and modified support orders, satisfactions or other pertinent documents in a
timely manner. [Formerly 23.808; 1997 c.704 §20]
     25.150
Department to collect fees for services. The Department of Justice shall assess and collect any fees for
establishment, enforcement, collection, accounting and disbursement services
required by state law or administrative rule or by federal law or regulation,
including the annual fee required under Title IV-D of the Social Security Act. [Formerly
23.815; 1997 c.704 §21; 1999 c.80 §81; 2007 c.878 §2]
     25.160
Referral of support cases by district attorney to department; duration of
collection services. (1) For
the purposes of ORS 25.020, 25.030, 25.070, 25.080, 25.085 and 25.130 to
25.160, all support cases shall be referred by the district attorney to the
Department of Justice for provision of collection, accounting and disbursement
services when a written application for enforcement is made to the district
attorney or the Division of Child Support and the case qualifies for support
enforcement services under federal regulations and state law.
     (2) The Department of Justice shall
continue collection, accounting and disbursement services for any case referred
under subsection (1) of this section until notified by the district attorney or
the Division of Child Support that enforcement action has been discontinued. [Formerly
23.825; 1997 c.704 §22; 1999 c.80 §82]
     25.164
Payment of support through Department of Justice. (1) If the payment method for support
payments set forth in the support judgment does not require payments to be made
through the Department of Justice, the obligor, obligee, district attorney or
Division of Child Support of the Department of Justice may request to have
subsequent payments made through the department. All of the following apply to
the request:
     (a) The request must be in writing;
     (b) The request must include the
last-known addresses of the obligor and the obligee; and
     (c) The request must be filed with the
department.
     (2) When a request is made under this
section, all of the following apply:
     (a) The existing method of support accounting
shall terminate effective the first day of the month following the month the
request was filed;
     (b) The department shall commence support
accounting and distribution when the existing method is terminated; and
     (c) The request constitutes an application
for support enforcement services and for the use of state and federal laws,
regulations and rules relating to support payments and enforcement of
judgments.
     (3) If there is no appropriate record of
support payments for purposes of this section, the department may establish a
record of arrearage under ORS 25.167. [Formerly 25.320; 2003 c.146 §6]
     25.167
Procedure for determining arrearages. This section establishes procedures for determining the amount of
arrearage and for making a record of arrearage of support payments. All of the
following apply to this section:
     (1) A record of support payment arrearage
may be established by:
     (a) Court order;
     (b) A governing child support judgment
issued under ORS 25.091 or 416.448;
     (c) Administrative order issued under ORS
416.427 or 416.429;
     (d) Stipulation of the parties; or
     (e) The procedures under subsection (2) of
this section whenever an existing child or spousal support case enters the
Department of Justice records system without a current payment record
maintained by any court clerk.
     (2) When allowed under subsection (1) of
this section, arrearage amounts may be established under this subsection. All
of the following apply to this subsection:
     (a) The obligee or obligor may execute a
certificate in a form acceptable to the Department of Justice that states the
total amount owed or the payment history in as much detail as is necessary to
demonstrate the periods and amounts of any arrearage.
     (b) The person making the certificate
shall file the original certificate with the court in which the support
judgment was entered. When a governing child support judgment has been issued,
the person making the certificate shall file the original certificate with the
court that issued the governing child support judgment.
     (c) The person making the certificate
shall serve a true copy of the certificate upon the other party together with a
notice that the certificate will be the basis of a permanent record unless the
other party files objections.
     (d) For objections to be valid under
paragraph (c) of this subsection, the other party must file the objection with
the court within 14 days from the date of service of the certificate and must
mail or serve true copies of the objections on both the party who filed the
certificate and either:
     (A) The district attorney; or
     (B) If support rights are or have been
assigned to the State of
     (e) If objections are filed within the
time allowed, the party filing the certificate must file a supplemental
certificate that is in a form acceptable to the department and that provides
any information concerning the payment history that the department determines
necessary.
     (f) If objections are filed within the
time allowed, the district attorney or the Division of Child Support shall
cause the case to be set for a court hearing. At the hearing, the court shall
consider the correctness of the certificate but may not consider objections to
the merits of the support judgment. The parties may settle the case by written
agreement anytime before the court hearing. Notice of the court hearing shall
be served upon the party filing the objections as authorized in ORCP 9 B.
     (g) If no objections are filed under this
subsection within the time allowed, the amount of arrearage stated in the
certificate is the amount owed for purposes of any subsequent action. The
district attorney or the Division of Child Support shall file with the court a
certificate stating the arrearage established under this paragraph.
     (3) When a request for accounting and
distribution services is made under ORS 25.164, an agency or court may not take
or allow any ex parte enforcement action on amounts owed as arrearage from
before the time that the Department of Justice commences support accounting and
distribution until the amount is established under this section. This
subsection does not prohibit or limit any enforcement action on support
payments that become due subsequent to the departmentÂ’s commencement of support
accounting and distribution under ORS 25.164.
     (4) In any determination under this
section, a canceled check, payable to the obligee, indorsed by the obligee or
deposited to an account of the obligee, drawn on the account of the obligor and
marked as child support shall be prima facie evidence that child support was
paid to the obligee in the amount shown on the face of the check. It is
immaterial that the check was signed by a person other than the obligor,
provided that the person who signed the check was an authorized signatory of
checks drawn on the account. [Formerly 25.330; 2003 c.146 §7; 2003 c.576 §298]
     25.170
Proceedings to require delinquent obligor to appear for examination of
financial circumstances.
When a support obligation is more than one month in arrears, the Attorney
General or a district attorney may upon motion obtain an order requiring the
obligor to appear for the purpose of examination regarding the obligorÂ’s
financial circumstances. The court shall require the obligor to appear at a
time and date certain at such place as may be appropriate. The order to appear
shall inform the obligor that the obligorÂ’s answers may be used in subsequent enforcement
and possible criminal proceedings, and that the obligor has a right to be
represented by an attorney at the examination. The order shall be served upon
the obligor in the same manner as service of summons. The order to appear shall
also be served upon the obligee by regular mail. The obligee shall have the
right to attend any such examination. [Formerly 23.835; 1989 c.599 §1; 1993
c.596 §4]
     25.180
Examination of obligorÂ’s financial circumstances. (1) The examination shall be conducted under
oath by an employee of the Department of Justice or district attorney. The
employee shall inform the obligor that the obligorÂ’s answers may be used in
subsequent enforcement and possible criminal proceedings, and that the obligor
has a right to be represented by an attorney at the examination. A record of
the examination may be made by either stenographic or electronic means. The
obligor may be examined in regard to the obligorÂ’s income and property, and to
any matter relevant to the obligorÂ’s ability to pay support.
     (2) An obligee or the obligee’s attorney
may examine the obligor in a proceeding conducted under this section. [Formerly
23.837; 1989 c.599 §2; 1993 c.596 §5]
     25.190
Continuance of proceedings; certification of matter to court; service of notice
to obligor and obligee. (1)
The examination may be continued for further review of the obligorÂ’s financial
circumstances and employment, or the matter may be certified to the court for a
contempt hearing on the issue of failure to pay support as ordered. If the
examination is to be continued for further review or is to be certified to the
court for a contempt hearing, the obligor shall be served at the examination
with a notice stating the time, date and place for further examination or
hearing before the court. Service may be made by an employee of the Department
of Justice or district attorney.
     (2) Any notice served upon the obligor
regarding a continuation of the examination or regarding the certification of
the matter to the court for a contempt hearing must also be served upon the
obligee. Such service upon the obligee may be by regular mail. [Formerly
23.842; 1989 c.599 §3; 1993 c.596 §6]
     25.200
Arrest of obligor for failure to appear. (1) If the obligor fails to appear for examination or further examination,
the Attorney General or a district attorney may apply to the court which issued
the order to appear for an order directing the issuance of a warrant for the
arrest of the obligor. The motion shall be accompanied by an affidavit which
shall state the relevant facts and whether the obligor contacted the Department
of Justice or district attorney, as appropriate. If the court finds that the
obligor had notice and failed to appear, the court shall order the issuance of
a warrant for the arrest of the obligor in order to bring the obligor before
the court to show cause why the obligor should not be held in contempt for a
failure to appear as ordered.
     (2) If the matter has been certified to
the court for a contempt hearing and the obligor, having been properly served,
fails to appear, the court shall order the issuance of a warrant for the arrest
of the obligor. Upon arrest, the obligor shall be brought before the court to
show cause why the obligor should not be held in contempt for a failure to appear
as ordered. [Formerly 23.845; 1989 c.599 §4]
     25.210
Use of obligorÂ’s property for delinquent support payments. If by examination of the obligor it appears
that the obligor has any property liable to execution, the court, upon motion
of the Attorney General or a district attorney, shall order that the obligor
apply the same in satisfaction of the arrears or that the property be levied on
by execution, or both. [Formerly 23.847; 1989 c.599 §5]
     25.213
Assignment of proceeds of insurance policy to secure support obligation. If by examination of the obligor under ORS
25.170, it appears that the obligor is the beneficiary and owner of an
insurance policy on the life of the child, the court, upon motion of the
Attorney General or a district attorney, may order that the obligor assign to
the obligee the rights to as much of the proceeds of the insurance policy as
necessary to secure the obligation to make support payments, if assignment is
permitted in the policy. This assignment shall be in addition to any other
security ordered by the court. [1997 c.54 §2]
     25.220
Computer printouts of administrator; evidence of authenticity not required in
support proceedings; evidentiary effect. (1) In any proceeding to establish, enforce or modify a support
obligation, extrinsic evidence of authenticity is not required as a condition
precedent to the admission of a computer printout of the administrator that may
reflect the employment records of a parent, the support payment record of an
obligor, the payment of public assistance, the amounts paid, the period during
which public assistance was paid, the persons receiving or having received
assistance and any other pertinent information, if the printout bears a seal
purporting to be that of the administrator and is certified as a true copy by
original or facsimile signature of a person purporting to be an officer or
employee of the administrator. Printouts certified in accordance with this
section constitute prima facie evidence of the existence of the facts stated
therein.
     (2) To the extent permitted under federal
and state law, obligors and obligees, and their attorneys, may obtain copies of
such printouts upon request made to the administrator. [Formerly 23.855; 1989
c.519 §1; 1997 c.704 §23; 1999 c.735 §19]
     25.230
Court authorized to require security for support payments. Whenever a court has entered an order for
the payment of support, the court may provide for such security, bond or other
guarantee satisfactory to the court to secure the obligation to make support
payments. [Formerly 23.865]
     25.240
Order to pay support by parent with legal custody of minor. Notwithstanding any other law, where a court
or the administrator has the authority under ORS chapter 107, 108, 109, 110 or
416 or ORS 419B.400 to 419B.406 or 419C.590, 419C.592 and 419C.597 to require a
parent without legal custody to pay support for a minor child, then the court
or administrator may require a parent with legal custody to pay support for
such a child as long as that parent does not have physical custody of such
child or is not providing the child with the necessities of life, including but
not limited to lodging, food and clothing. [1985 c.610 §11; 1993 c.33 §368;
1995 c.608 §28; 2001 c.455 §5]
     25.243
Grievance procedure; rules.
In addition to any other hearing rights authorized by law, an applicant for
services provided under ORS 25.080 and any party to a child support order for
which services are provided under ORS 25.080 may file a grievance with the
Department of Justice concerning any service provided under ORS 25.080. The
department shall adopt rules establishing a process for handling grievances
under this section. The process must provide that grievances not involving a
public child support agency in another state be addressed no later than 90 days
after the grievance is submitted to the department. [1995 c.608 §45; 2003 c.73 §23]
     25.245
Rebuttable presumption of inability to pay child support when parent receiving
certain assistance payments; rules. (1) Notwithstanding any other provision of Oregon law, a parent who is
eligible for and receiving cash payments under ORS 412.001 to 412.069 and
418.647, the general assistance program as provided in ORS chapter 411 or a
general assistance program of another state or tribe, the Oregon Supplemental
Income Program or the federal Supplemental Security Income Program shall be
rebuttably presumed unable to pay child support and a child support obligation
does not accrue unless the presumption is rebutted.
     (2) Each month, the Department of Human
Services shall identify those persons receiving cash payments under the
programs listed in subsection (1) of this section that are administered by the
State of
     (3) The administrator shall refer to the
information provided in subsection (2) of this section prior to establishing
any child support obligation. Within 30 days following identification of
persons under subsection (2) of this section, the entity responsible for
support enforcement services under ORS 25.080 shall provide notice of the
presumption to the obligee and obligor and shall inform all parties to the
support order that, unless a party objects as provided in subsection (4) of
this section, child support shall cease accruing beginning with the support
payment due on or after the date the obligor first begins receiving the cash
payments and continuing through the support payment due in the last month in
which the obligor received the cash payments. The entity responsible for
support enforcement services shall serve the notice on the obligee in the
manner provided for the service of summons in a civil action or by certified
mail, return receipt requested, and shall serve the notice on the obligor by
first class mail to the obligorÂ’s last-known address. The notice shall specify
the month in which cash payments are first made and shall contain a statement
that the administrator represents the state and that low cost legal counsel may
be available.
     (4) A party may object to the presumption
by sending an objection to the entity responsible for support enforcement
services under ORS 25.080 within 20 days after the date of service of the
notice. The objection must describe the resources of the obligor or other
evidence that might rebut the presumption of inability to pay child support.
The entity receiving the objection shall cause the case to be set for a hearing
before a court or an administrative law judge. The court or administrative law
judge may consider only whether the presumption has been rebutted.
     (5) If no objection is made, or if the
court or administrative law judge finds that the presumption has not been
rebutted, the Department of Justice shall discontinue billing the obligor for the
period of time described in subsection (3) of this section and no arrearage
shall accrue for the period during which the obligor is not billed. In
addition, the entity providing support enforcement services shall file with the
circuit court in which the support order or judgment has been entered a copy of
the notice described in subsection (3) of this section or, if an objection is
made and the presumption is not rebutted, a copy of the administrative law
judgeÂ’s order.
     (6)(a) Within 30 days after the date the
obligor ceases receiving cash payments under a program listed in subsection (1)
of this section, the Department of Justice shall provide notice to all parties
to the support order:
     (A) Specifying the last month in which a
cash payment was made;
     (B) Stating that the payment of those
benefits has terminated and that by operation of law billing and accrual of
support resumes; and
     (C) Informing the parties of their rights
to request a review and modification of the support order based on a substantial
change in circumstance or pursuant to ORS 25.287 or any other provision of law.
     (b) The notice shall include a statement
that the administrator represents the state and that low cost legal counsel may
be available.
     (c) The entity providing enforcement services
shall file a copy of the notice required by paragraph (a) of this subsection
with the circuit court in which the support order or judgment has been entered.
     (7) Receipt by a child support obligor of
cash payments under any of the programs listed in subsection (1) of this
section shall be sufficient cause for a court or administrative law judge to
allow a credit and satisfaction against child support arrearage for months that
the obligor received the cash payments.
     (8) The notice and finding of financial
responsibility required by ORS 416.415 shall include notice of the presumption,
nonaccrual and arrearage credit rights provided for in this section.
     (9) The presumption, nonaccrual and
arrearage credit rights created by this section shall apply whether or not
child support enforcement services are being provided under Title IV-D of the
Social Security Act.
     (10) Application of the presumption,
nonaccrual and arrearage credit rights created by this section does not
constitute a modification but does not limit the right of any party to seek a
modification of a support order based upon a change of circumstances or
pursuant to ORS 25.287 or any other provision of law. In determining whether a
change in circumstances has occurred or whether three years have elapsed, or
such shorter cycle as determined by rule of the Department of Justice, since
entry of a support order, the court or administrative law judge may not
consider any action taken under this section as entry of a support order. The
presumption stated in subsection (1) of this section applies in any
modification proceeding. [1991 c.520 §3; 1993 c.799 §1; 1997 c.704 §24; 2001
c.104 §5; 2001 c.455 §6; 2003 c.75 §73; 2003 c.576 §299; 2007 c.861 §11; 2007
c.878 §3]
     25.250 [1987 c.427 §1; repealed by 1993 c.798 §21]
     25.255 [1989 c.812 §2; 1991 c.67 §4; 1991 c.519 §2;
1993 c.33 §286; 1993 c.800 §1; 1995 c.506 §§12,12a; 1999 c.80 §10; 2003 c.73 §24a;
2003 c.75 §74; repealed by 2003 c.637 §14]
     25.260
Confidentiality of records; rules. (1) As used in this section, “Child Support Program” means:
     (a) The program described in ORS 180.345;
     (b) The Administrator of the Division of
Child Support of the Department of Justice;
     (c) A district attorney; and
     (d) The administrator’s or district
attorneyÂ’s authorized representative.
     (2) Unless otherwise authorized by law,
child support records, including data contained in the Child Support ProgramÂ’s
automated system, are confidential and may be disclosed or used only as
necessary for the administration of the program.
     (3) In administering the Child Support
Program, the program may:
     (a) In accordance with rules adopted under
subsection (7) of this section, report abuse as defined in ORS 419B.005 if the
abuse is discovered while providing program services.
     (b) Extract and receive information from
other databases as necessary to carry out the programÂ’s responsibilities under
state and federal law.
     (4) The Child Support Program may compare
and share information with public and private entities as necessary to perform
the programÂ’s responsibilities under state and federal law.
     (5) The Child Support Program may exchange
information with state agencies administering programs funded under Title XIX
and Part A of Title IV of the Social Security Act as necessary for the Child
Support Program and the state agencies to perform their responsibilities under
state and federal law.
     (6) In addition to any penalty to which an
individual may be subject under ORS 25.990, an employee of the Department of
Justice, of a district attorney or of the Department of Human Services who
discloses or uses the contents of any records in violation of subsection (2) of
this section is subject to discipline, up to and including dismissal from
employment.
     (7) The Department of Justice shall adopt
rules consistent with federal regulations governing confidentiality of Child
Support Program information. [1989 c.812 §3(1); 1991 c.758 §2; 1995 c.609 §7;
1999 c.80 §72; 2003 c.450 §1; 2005 c.22 §16]
     25.265
Access to information in Federal Parent Locator Service; rules. The Department of Justice shall adopt rules
establishing a procedure by which a person authorized under federal law may
access information in the Federal Parent Locator Service. [1997 c.746 §22a;
2003 c.73 §25]
     Note: 25.265 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 25 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
FORMULA FOR
DETERMINING AMOUNT OF CHILD SUPPORT
     25.270
Legislative findings. The
Legislative Assembly finds that:
     (1) The federal Family Support Act of 1988
mandates that the state must establish a formula for child support award
amounts that is applicable in any judicial or administrative proceeding for the
award of child support.
     (2) It is further mandated that the amount
of child support determined by the formula must be presumed to be the correct
amount unless rebutted by a specific finding on the record that the application
of the formula would be unjust or inappropriate in the particular case as
determined under criteria established by the state.
     (3) It is also mandated that the formula
is to be reviewed at least once every four years to insure that the application
of the formula results in appropriate child support awards.
     (4) There is a need for uniformity in
child support awards, and child support awards often are based upon noneconomic
factors and are inadequate in terms of the needs of the child.
     (5) The Division of Child Support of the
Department of Justice is the appropriate agency to establish the required
formula. [1989 c.811 §2]
     25.275
Formula for determining child support awards; criteria to be considered;
mandated standards; reduction; rules. (1) The Division of Child Support of the Department of Justice shall
establish by rule a formula for determining child support awards in any
judicial or administrative proceeding. In establishing the formula, the
division shall take into consideration the following criteria:
     (a) All earnings, income and resources of
each parent, including real and personal property;
     (b) The earnings history and potential of
each parent;
     (c) The reasonable necessities of each
parent;
     (d) The ability of each parent to borrow;
     (e) The educational, physical and emotional
needs of the child for whom the support is sought;
     (f) The amount of assistance that would be
paid to the child under the full standard of need of the stateÂ’s IV-A plan;
     (g) Preexisting support orders and current
dependents; and
     (h) Other reasonable criteria that the
division may find to be appropriate.
     (2) The formula described in subsection
(1) of this section must also comply with the following standards:
     (a) The child is entitled to benefit from
the income of both parents to the same extent that the child would have
benefited had the family unit remained intact or if there had been an intact
family unit consisting of both parents and the child.
     (b) Both parents should share in the costs
of supporting the child in the same proportion as each parentÂ’s income bears to
the combined income of both parents.
     (3) The formula described in subsection
(1) of this section must be designed to ensure, as a minimum, that the child
for whom support is sought benefits from the income and resources of the absent
parent on an equitable basis in comparison with any other minor children of the
absent parent.
     (4) The child support obligation to be
paid by the obligor and determined under the formula described in subsection
(1) of this section:
     (a) May be reduced or increased in
consideration of the costs of a health benefit plan incurred by the obligor or
obligee, as provided in ORS 25.321 to 25.343.
     (b) May be reduced dollar for dollar in
consideration of any Social Security or apportioned VeteransÂ’ benefits paid to
the child, or to a representative payee administering the funds for the childÂ’s
use and benefit, as a result of the obligorÂ’s disability or retirement.
     (c) Shall be reduced dollar for dollar in
consideration of any SurvivorsÂ’ and DependentsÂ’ Educational Assistance under 38
U.S.C. chapter 35 paid to the child, or to a representative payee administering
the funds for the childÂ’s use and benefit, as a result of the obligorÂ’s
disability or retirement. [1989 c.811 §3; 1993 c.800 §2; 1999 c.1030 §1; 2003 c.73
§26a; 2003 c.75 §75; 2003 c.572 §6; 2003 c.637 §15]
     25.280
Formula amount presumed correct; rebuttal of presumption; criteria. In any judicial or administrative proceeding
for the establishment or modification of a child support obligation under ORS chapter
107, 108, 109, 110 or 416 or ORS 419B.400, 419B.923, 419C.590 or 419C.610, the
amount of support determined by the formula established under ORS 25.275 is
presumed to be the correct amount of the obligation. This is a rebuttable
presumption and a written finding or a specific finding on the record that the
application of the formula would be unjust or inappropriate in a particular
case is sufficient to rebut the presumption. The following criteria shall be
considered in making the finding:
     (1) Evidence of the other available
resources of a parent;
     (2) The reasonable necessities of a
parent;
     (3) The net income of a parent remaining
after withholdings required by law or as a condition of employment;
     (4) A parent’s ability to borrow;
     (5) The number and needs of other
dependents of a parent;
     (6) The special hardships of a parent
including, but not limited to, any medical circumstances of a parent affecting
the parentÂ’s ability to pay child support;
     (7) The needs of the child;
     (8) The desirability of the custodial
parent remaining in the home as a full-time parent and homemaker;
     (9) The tax consequences, if any, to both
parents resulting from spousal support awarded and determination of which
parent will name the child as a dependent; and
     (10) The financial advantage afforded a
parentÂ’s household by the income of a spouse or another person with whom the
parent lives in a relationship similar to husband and wife. [1989 c.811 §4;
1993 c.33 §287; 1993 c.354 §1; 1995 c.608 §30; 2001 c.622 §42; 2007 c.71 §8;
2007 c.356 §3]
     25.285 [1989 c.811 §5; repealed by 1991 c.519 §8
(25.287 enacted in lieu of 25.285 in 1993)]
     25.287
Proceedings to modify orders to comply with formula; when proceeding may be initiated;
issues considered. (1)(a)
The entity providing support enforcement services under ORS 25.080 may initiate
proceedings to modify a support obligation to ensure that the support
obligation is in accordance with the formula established under ORS 25.275.
     (b) Proceedings under this subsection may
occur only after three years have elapsed, or such shorter cycle as determined
by rule of the Department of Justice, from the later of the following:
     (A) The date the original support
obligation took effect;
     (B) The date any previous modification of
the support obligation took effect; or
     (C) The date of any previous review and
determination under this subsection that resulted in no modification of the
support obligation.
     (c) For purposes of paragraph (b) of this
subsection, a support obligation or modification takes effect on the first date
on which the obligor is to pay the established or modified support amount.
     (d) The only issues at proceedings under
this subsection are whether three years have elapsed, or such shorter cycle as
determined by rule of the department, and whether the support obligation is in
substantial compliance with the formula established under ORS 25.275.
     (e) Upon review, if the administrator
determines that a support obligation does not qualify for modification under
this section, a party may object to the determination within 30 days after the
date of the determination. A hearing on the objection shall be conducted by an
administrative law judge assigned from the Office of Administrative Hearings.
Appeal of the order of the administrative law judge may be taken to the circuit
court of the county in which the support obligation has been entered or
registered for a hearing de novo. The appeal to the court shall be by petition
for review filed within 60 days after entry of the order of the administrative
law judge.
     (f) If the court, the administrator or the
administrative law judge finds that more than three years have elapsed, or such
shorter cycle as determined by rule of the department, the court, the
administrator or the administrative law judge shall modify the support order to
bring the support obligation into substantial compliance with the formula
established under ORS 25.275, regardless of whether there has been a
substantial change in circumstances since the support obligation was last
established, modified or reviewed. Proceedings by the administrator or
administrative law judge under this subsection shall be conducted according to
the provisions of ORS 416.425 and 416.427.
     (g) The provisions of this subsection
apply to any support obligation established by a support order under this
chapter or ORS chapter 107, 108, 109, 110 or 416 or ORS 419B.400 or 419C.590.
     (2) The entity providing support
enforcement services shall state in the document initiating the proceeding, to
the extent known:
     (a) Whether there is pending in this state
or any other jurisdiction any type of support proceeding involving the child,
including a proceeding brought under ORS 107.085, 107.135, 107.431, 108.110,
109.100, 109.103, 109.165, 125.025, 416.400 to 416.465, 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 child, other than the support obligation the entity seeks to modify.
     (3) The entity providing support
enforcement services shall include with the document initiating the proceeding
a certificate regarding any pending support proceeding and any existing support
order other than the support obligation the entity seeks to modify. The entity
providing support enforcement services shall use a certificate that is in a
form prescribed by the administrator and shall include information required by
the administrator and subsection (2) of this section.
     (4) The administrator, court or administrative
law judge may use the provisions of subsection (1) of this section when a
support order was entered in another state and registered in
     (5) Notwithstanding the provisions of this
section, proceedings may be initiated at any time to modify a support
obligation based upon a substantial change of circumstances under any other
provision of law.
     (6) The obligee is a party to any action
to modify a support obligation under this section. [1991 c.519 §3; 1993 c.33 §369;
1993 c.596 §7 (enacted in lieu of 25.285 in 1993); 1995 c.608 §31; 1999 c.80 §64;
1999 c.735 §1; 2001 c.455 §§7,8; 2003 c.75 §24; 2003 c.116 §§1,2; 2003 c.576 §§183,184;
2005 c.560 §4; 2007 c.71 §9; 2007 c.878 §4]
     25.290
Determining disposable income of obligor; offsets; rules. (1) In determining the disposable income of
an obligor, the obligor may claim offsets against gross receipts for ordinary
and necessary business expenses and taxes directly related to the income
withheld. The obligor has the burden of proof and must furnish documentation to
support any offsets claimed.
     (2) The Department of Justice may adopt
rules governing the determination of the income subject to withholding that
remains after application of offsets. Withholding actions in a case that is not
receiving support enforcement services under ORS 25.080 may be appealed to the
circuit court. [1995 c.608 §1b; 2003 c.73 §27]
     25.310 [1985 c.671 §4; 1989 c.812 §4; 1991 c.362 §2;
repealed by 1993 c.798 §21]
     25.311 [1993 c.798 §5; 1995 c.608 §32; 1999 c.80 §2;
1999 c.735 §8; 1999 c.849 §§38,39; renumbered 25.378 in 1999]
     25.313 [1993 c.798 §3; renumbered 25.393 in 1999]
     25.314 [1993 c.798 §6; 1995 c.272 §6; 1997 c.704 §26;
1999 c.80 §3; renumbered 25.402 in 1999]
     25.315 [1993 c.798 §7; 1999 c.80 §4; renumbered
25.399 in 1999]
     25.316 [1993 c.798 §8; 1999 c.80 §5; 1999 c.735 §12;
renumbered 25.405 in 1999]
     25.317 [1993 c.798 §9; 1999 c.735 §11; renumbered
25.396 in 1999]
     25.318 [1993 c.798 §10; renumbered 25.390 in 1999]
     25.320 [1985 c.671 §5; 1997 c.704 §27; renumbered
25.164 in 1999]
HEALTH CARE
COVERAGE
     25.321
Definitions for ORS 25.321 to 25.343. As used in ORS 25.321 to 25.343:
     (1) “Accessible” means that, unless
otherwise provided in a support order:
     (a) A health benefit plan does not have
service area limitations or the health benefit plan provides an option not
subject to service area limitations;
     (b) A health benefit plan has service area
limitations and the child lives within 30 miles or 30 minutes of a primary care
provider under the plan; or
     (c) A health benefit plan is accessible as
defined in rules of the Department of Justice.
     (2) “Enforcing agency” means the
administrator.
     (3) “Enroll” means to be eligible for and
covered by a health benefit plan.
     (4) “Health benefit plan” means any policy
or contract of insurance, indemnity, subscription or membership issued by an
insurer, including health care coverage provided by a public entity, and any
self-insured employee benefit plan that provides coverage for medical expenses.
     (5)(a) “Health care coverage” means
providing and paying for the medical needs of a child through a health benefit
plan.
     (b) “Health care coverage” does not
include and is a separate obligation from any monetary amount of child support
or spousal support ordered to be paid.
     (6) “Medical support” means an amount
ordered to be paid toward the cost of:
     (a) Health care coverage, including
premiums, provided by a public entity or by another parent through employment
or otherwise; and
     (b) Copayments, deductibles and other
medical expenses not covered by a health benefit plan.
     (7) “Medical support notice” means a
notice as prescribed under 42 U.S.C. 666(a)(19) or a substantially similar
notice that is issued and forwarded by the enforcing agency to enforce health
care coverage provisions of a support order.
     (8) “Plan administrator” means:
     (a) The employer, union or other provider
that offers a health benefit plan; or
     (b) The person to whom, under a written
agreement of the parties, the duty of plan administrator is delegated by the
employer, union or other provider that offers a health benefit plan.
     (9) “Primary care provider” means a
physician who provides primary care and is a family or general practitioner,
pediatrician, internist, obstetrician, or gynecologist.
     (10) “Providing party” means a party to a
child support order who has been ordered by the court or the enforcing agency to
provide health care coverage for a child or to provide such coverage when it
becomes available to the party.
     (11) “Satisfactory health care coverage”
means coverage provided under a health benefit plan that, at a minimum,
includes medical and hospital coverage, provides for preventive, emergency,
acute and chronic care and imposes reasonable deductibles and copayments. [2003
c.637 §2; 2007 c.878 §5]
     25.323
Health care coverage; rules.
(1) Except as provided in this section, whenever a child support order is
entered or modified under this chapter, ORS chapter 107, 108, 109, 110 or ORS
416.400 to 416.465, 419B.400 or 419C.590, the court or the enforcing agency
shall order one or both parties to provide satisfactory health care coverage
that is reasonable in cost and accessible to the child. An order for health
care coverage under this subsection may include health care coverage provided
by a public entity.
     (2) In addition to ordering health care
coverage under subsection (1) of this section, the court or enforcing agency
may order one or both parties to pay medical support for the child. Medical
support ordered under this subsection must be reasonable in cost.
     (3) If the court or the enforcing agency
finds that the parties cannot provide satisfactory health care coverage because
satisfactory health care coverage that is reasonable in cost and accessible to
the child is not available at the time the child support order is entered, the
court or the enforcing agency:
     (a) Shall order one or both parties to provide
satisfactory health care coverage that is reasonable in cost and accessible to
the child when the coverage becomes available; and
     (b) May order that, until the court or
enforcing agency determines that satisfactory health care coverage that is reasonable
in cost and accessible to the child is available and modifies the order, one or
both parties pay medical support that is reasonable in cost. The court or
enforcing agency shall make written findings on whether to order the payment of
medical support under this paragraph.
     (4) The cost of any amount ordered to
provide satisfactory health care coverage and medical support under this
section must be included in the child support calculation made under ORS
25.275.
     (5) The court or enforcing agency may not
order a party to pay medical support under this section if the party is
eligible to receive medical assistance under ORS 414.032, or has a dependent
child in the household who is eligible to receive medical assistance under ORS
414.032.
     (6) The Department of Justice shall adopt
rules for determining the reasonableness of the cost of satisfactory health
care coverage and of medical support for the purposes of this section, and for
determining how the costs of providing health care coverage and medical support
affect the total support obligation for a child under ORS 25.275. [2003 c.637 §3;
2007 c.878 §6]
     25.325
Enforcing health care coverage.
(1) When a child support order requires a party to provide health care coverage
for a child under a health benefit plan:
     (a) The court or the enforcing agency may
issue a qualified medical child support order as provided in section 609 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1169) directing the
providing partyÂ’s employer or plan administrator to enroll the providing partyÂ’s
child in a health benefit plan and directing the providing partyÂ’s employer to
withhold any required premium from the providing partyÂ’s compensation.
     (b) If support enforcement services are
being provided under ORS 25.080, the enforcing agency shall, when appropriate:
     (A) Issue a medical support notice in
accordance with rules adopted by the Department of Justice.
     (B) Issue a medical support notice to the
providing partyÂ’s employer within two business days of receiving information
under ORS 25.790 that the employer has hired or rehired the providing party.
     (2) If an order to provide health care
coverage is in effect or is being sought:
     (a) The providing party’s employer or plan
administrator shall release to the enforcing agency, upon request, the name and
address of the insurer and any plan administrator; and
     (b) The plan administrator shall release
to the obligee or the enforcing agency, upon request, information about
dependent health care coverage under the health benefit plan.
     (3) If a qualified medical child support
order or a medical support notice has been served on the providing partyÂ’s
employer, the order or notice is binding on the employer and the plan
administrator to the extent that the child is eligible to be enrolled in the
health benefit plan under the applicable terms and conditions of the plan and
the standard enrollment guidelines as described in ORS 743.847. Enrollment of
the child shall be allowed at any time, notwithstanding any enrollment season
restrictions. [2003 c.637 §4; 2007 c.878 §7]
     25.327
Service of medical support notice. (1) The enforcing agency shall serve the medical support notice on the
providing partyÂ’s employer as a withholder. The notice may be served upon the
withholder or the withholderÂ’s registered agent, corporate officer, bookkeeper,
accountant, person responsible for payroll or local office manager by:
     (a) Personal service;
     (b) Any type of mail that is calculated to
give actual notice and is addressed to one of the persons listed in this
subsection; or
     (c) Electronic means if the employer has
the ability to receive the medical support notice in that manner.
     (2) Service of a medical support notice
constitutes receipt of a medical child support order.
     (3) The enforcing agency shall, as
provided in ORS 25.333, notify the parties that the medical support notice has
been served on the providing party’s employer. [2003 c.637 §5; 2007 c.878 §8]
     25.329
Actions required after service of medical support notice; rules. When the enforcing agency serves a medical
support notice on an employer:
     (1) The employer shall comply with the
provisions in the medical support notice;
     (2) The plan administrator and the
employer shall treat the medical support notice as an application by the enforcing
agency for health care coverage for the named child under the health benefit
plan to the extent an application is required by the plan;
     (3) If the providing party named in the
medical support notice is not an employee of the employer, or if a health
benefit plan is not offered or available to the providing party, the employer
shall notify the enforcing agency within 20 business days after the date of the
medical support notice;
     (4) If a health benefit plan is offered or
available to the providing party, the employer shall send the plan
administratorÂ’s portion of the notice to each appropriate plan administrator
within 20 business days after the date of the medical support notice;
     (5) Within 40 business days after the date
of the medical support notice, the plan administrator shall do all of the
following as directed by the notice:
     (a) Complete the appropriate portion of
the notice and return the portion to the enforcing agency;
     (b) If the child is or will be enrolled,
notify the parties and furnish the obligee with the information necessary to
effectuate coverage and submit claims for benefits;
     (c) If the child has been or will be
enrolled, provide the enforcing agency with the type of health benefit plan
under which the child has been or will be enrolled, including whether dental,
optical, office visits and prescription drugs are covered services;
     (d) If more than one health benefit plan
is available to the providing party and the providing party is not enrolled,
forward the health benefit plan descriptions and documents to the enforcing
agency;
     (e) If the providing party is subject to a
waiting period that expires more than 90 days after the date of receipt of the
medical support notice by the plan administrator or if the providing party has not
completed a waiting period that is measured in a manner other than the passage
of time, notify the employer, the enforcing agency and the parties; and
     (f) Upon completion of the enrollment,
notify the employer of the enrollment;
     (6) If the plan administrator notifies the
employer that the providing party is subject to a waiting period that expires
more than 90 days after the date of receipt of the medical support notice by
the plan administrator or that the providing party is subject to a waiting period
that is measured in a manner other than the passage of time, the employer
shall, when the providing party becomes eligible to enroll in the plan, notify
the plan administrator that the medical support notice requires that the child
named in the notice be enrolled in the plan; and
     (7) The plan administrator shall enroll
the child and, if necessary to the enrollment of the child, enroll the
providing party in the plan as provided by rules adopted by the Department of
Justice. [2003 c.637 §6; 2007 c.878 §9]
     25.330 [1985 c.671 §6; 1991 c.588 §1; 1995 c.609 §5;
1997 c.704 §28; renumbered 25.167 in 1999]
     25.331
Obligation to withhold. (1)
Upon notification from the plan administrator that the child is enrolled in the
health benefit plan, the employer shall withhold from the providing partyÂ’s
compensation the providing partyÂ’s share, if any, of premiums for the health
benefit plan. The employer shall forward the amount withheld as required by the
health benefit plan.
     (2) The withholding required by a qualified
medical child support order or a medical support notice is a continuing
obligation. The qualified medical child support order or medical support notice
and the withholding remain in effect and are binding upon the employer until
further notice from the court or the enforcing agency.
     (3)(a) An amount withheld by an employer
in compliance with a withholding order issued for monetary support and a
qualified medical child support order or medical support notice may not exceed
50 percent of the providing partyÂ’s net disposable income.
     (b) Notwithstanding paragraph (a) of this
subsection, upon the motion of a party and after a hearing, the court may order
the withholding of more than 50 percent of the providing partyÂ’s net disposable
income. However, the amount withheld may not exceed the amount allowed under
section 303(b) of the federal Consumer Credit Protection Act (15 U.S.C.
1673(b)).
     (4) If a providing party’s compensation
drops to a level at which withholding under this section exceeds the amount
allowed under subsection (3) of this section, the employer shall stop the
withholding and send the court or the enforcing agency, as the case may be, a
written notice within 15 days of stopping the withholding. The notice shall
include the providing partyÂ’s name, address and Social Security number and the
date the employer stopped withholding under this section.
     (5) An employer is not subject to civil
liability to an individual or agency for conduct or actions in compliance with
a medical support notice if the employer:
     (a) Is served with a medical support
notice under ORS 25.327 that is regular on its face; and
     (b) Complies with the provisions of the
medical support notice if the notice appears to be in conformance with section
609 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1169). [2003
c.637 §7; 2007 c.878 §10]
     25.333
Contesting medical support notice. (1) When the enforcing agency issues a medical support notice under
ORS 25.325, the enforcing agency shall notify the parties by regular mail to
the last known addresses of the parties:
     (a) That the notice has been sent to the
providing partyÂ’s employer; and
     (b) Of the providing party’s rights and
duties under the notice.
     (2) A providing party may contest a
medical support notice within 14 days after the date the premium is first
withheld pursuant to the notice or, if the health benefit plan is provided at
no cost to the providing party, the date the first premium is paid by the
employer.
     (3) The only basis for contesting a
medical support notice is a mistake of fact. A “mistake of fact” means any of
the following:
     (a) No order to provide health care
coverage under a health benefit plan has been issued in regard to the providing
partyÂ’s child;
     (b) The amount to be withheld for premiums
is greater than is permissible under ORS 25.331; or
     (c) The alleged providing party is not the
party from whom health care coverage is required.
     (4) The providing party may contest the
medical support notice by requesting an administrative review. After receiving
a request for review and within 45 days after the date the premium is first
withheld pursuant to the medical support notice, the enforcing agency shall
determine, based on an evaluation of the facts, whether the withholding for
premiums may continue. The enforcing agency shall inform the parties of the
determination in writing and include information regarding the right to appeal
the determination.
     (5) Any appeal of the enforcing agency’s
determination under subsection (4) of this section is to the circuit court for
a hearing under ORS 183.484.
     (6) The initiation of proceedings to
contest a medical support notice or an appeal of the enforcing agencyÂ’s
determination under this section does not stay the withholding of premiums. [2003
c.637 §8; 2007 c.878 §11]
     25.335
Termination of support order.
When support enforcement services are being provided under ORS 25.080, the
enforcing agency shall notify the employer when there is no longer in effect a
support order requiring health care coverage for which the enforcing agency is
responsible. However, termination of the health care coverage is governed by
the health benefit planÂ’s provisions for termination and by applicable federal
law. [2003 c.637 §9]
     25.337
Liability. (1) If the plan
administrator or the employer fails to comply with the requirements described
in ORS 25.329 or 25.331, the enforcing agency or obligee may bring a civil
action against the plan administrator or employer for medical expenses, the
providing partyÂ’s share of the premiums, attorney fees and costs.
     (2) An employer commits an unlawful
employment practice if the employer discharges a providing party, refuses to
hire a providing party or in any other manner discriminates, retaliates or
takes disciplinary action against a providing party because of the entry of a
medical support notice or qualified medical child support order or because of
the obligations imposed upon the plan administrator by the order. An employee
may bring a civil action under ORS 659A.885 or may file a complaint with the
Commissioner of the Bureau of Labor and Industries in the manner provided by
ORS 659A.820.
     (3) A providing party who fails to
maintain health care coverage for a child as ordered is liable, from the date
of the order, for any medical expenses resulting from the failure to maintain
coverage.
     (4) The remedies described in this section
are not exclusive. Nothing in this section precludes action by the court to
enforce a judicial or administrative order requiring health care coverage or
payment of medical support by imposition of remedial or punitive sanctions for
contempt or otherwise. [2003 c.637 §10; 2007 c.878 §12]
     25.339
Priority of medical support notice. A medical support notice issued under ORS 25.325 has priority over any
previously filed attachment, execution, garnishment or assignment of income
other than a withholding order issued for monetary support, unless otherwise
requested by the obligee. [2003 c.637 §11]
     25.340 [1985 c.671 §7; 1993 c.798 §35; renumbered
25.381 in 1999]
     25.341
Notice of termination of employerÂ’s relationship with providing party. When an employer is unable to continue
withholding from a providing partyÂ’s compensation because the relationship
between the employer and the providing party ends, the employer shall send the
enforcing agency a written notice within 15 days of the termination of the
relationship. The notice must include the providing partyÂ’s name, the providing
partyÂ’s last known address, the providing partyÂ’s Social Security number, the
date the relationship terminated and, if known, the name and address of a new
employer of or other provider of a health benefit plan to the providing party. [2003
c.637 §12; 2007 c.878 §13]
     25.343
Authorization for reimbursement payments. The signature of the obligee or guardian of a child covered by a
health benefit plan is a valid authorization for purposes of processing an
insurance reimbursement payment to the provider of the health services as
provided in ORS 743.847. [2003 c.637 §13]
     25.350 [Formerly 23.783; repealed by 1993 c.798 §21]
     25.351 [1993 c.798 §12; 1995 c.272 §1; 1997 c.704 §29;
1999 c.80 §6; renumbered 25.414 in 1999]
     25.353 [1993 c.798 §14; 1995 c.272 §7; 1997 c.704 §30;
1999 c.80 §7; renumbered 25.417 in 1999]
     25.354 [1995 c.272 §4; 1999 c.735 §15; renumbered
25.387 in 1999]
     25.355 [1993 c.798 §15; 1997 c.704 §31; 1999 c.80 §8;
renumbered 25.411 in 1999]
     25.357 [1993 c.798 §16; renumbered 25.421 in 1999]
     25.359 [1993 c.798 §17; renumbered 25.408 in 1999]
     25.360 [Formerly 23.778; repealed by 1993 c.798 §21]
     25.361 [1993 c.798 §18; repealed by 1999 c.735 §23]
     25.363 [1993 c.798 §19; 1999 c.80 §9; renumbered
25.424 in 1999]
     25.365 [1993 c.798 §20; renumbered 25.427 in 1999]
     25.367 [1993 c.798 §2; 1995 c.608 §33; 1999 c.130 §3;
renumbered 25.372 in 1999]
     25.370 [1985 c.671 §8; 1989 c.812 §5; 1993 c.798 §26;
1997 c.704 §32; renumbered 25.384 in 1999]
INCOME
WITHHOLDING AND PAYMENT RECORDS
     25.372
Applicability. ORS 25.372 to
25.427 apply to current support, arrears and interest on arrears, independently
or combined, whether arrears are owed to an obligee, the state or a foreign
jurisdiction. [Formerly 25.367; 2001 c.249 §73; 2003 c.73 §28; 2003 c.572 §7]
     25.375
Priority of withholding.
Except as provided in ORS 25.339, withholding under ORS 25.378 has priority
over any other legal process under
     25.378
Payment of support by income withholding; initiation of income withholding. (1) Except as otherwise provided in ORS
25.396, when a support order is entered or modified by the Division of Child
Support, a district attorney, an administrative law judge or a circuit court,
including a juvenile court, the order shall include a provision requiring the
obligor to pay support by income withholding regardless of whether support
enforcement services are being provided under ORS 25.080. In addition to the
income withholding provided for in this subsection, income withholding may be
initiated in accordance with subsections (2) to (6) of this section.
     (2) When an obligor is subject to a
support order issued or registered in this state and fails to make payments at
least equal to the amount of support payable for one month, a court or the
administrator, whichever is appropriate, shall initiate income withholding
without the need for a judicial or administrative hearing and without the need
for advance notice to the obligor of the withholding.
     (3) When an arrearage exists and notice of
the delinquent amount has been given to the obligor, a court, upon application,
shall issue a withholding order upon the ex parte request of a person holding
support rights or the administrator.
     (4) If an obligor is not otherwise subject
to income withholding a court or the administrator may issue an order to
withhold upon the ex parte motion of the obligor.
     (5)(a) Upon the request of the holder of
support rights, a court or the administrator, as appropriate, may issue a
withholding order at any time if:
     (A) The obligor is not otherwise subject
to withholding; and
     (B) After notice and an opportunity to
object has been given to the obligor, a finding is made that it would be in the
best interests of the child to issue a withholding order.
     (b) If the obligor has been granted an
exception to withholding under ORS 25.396 by a court, the holder of support
rights must apply for withholding under this subsection by motion to the court.
     (6) A court or the administrator shall
issue an order to withhold when a support order or an arrearage from another
jurisdiction is entered in
     25.381
Establishing income withholding as method of paying support; records. (1) Whenever services are being provided
under ORS 25.080, support rights are not and have not at any time during the
past five months been assigned to this or another state, and no arrearages
under a support order are so assigned, the administrator shall provide, upon
request of an obligor or obligee, services sufficient to permit establishment
of income withholding under ORS 25.378, including services necessary to
establish a support payment record under ORS 25.164 and 25.167.
     (2) Regardless of whether services are
being provided under ORS 25.080, the administrator shall provide, upon request
of an obligor or obligee, services sufficient to permit establishment of income
withholding under ORS 25.378:
     (a) For the payment of child support
without the necessity of an application for support enforcement services under
Title IV-D of the Social Security Act (42 U.S.C. 651 et seq.); and
     (b) For the payment of spousal support if
the obligee is receiving food stamps or any other form of public assistance, as
defined in ORS 411.010, from the Department of Human Services. [Formerly
25.340; 2001 c.900 §8; 2003 c.73 §31; 2005 c.265 §1]
     25.384
Statement on withholding in support order. (1) Any child support order issued or modified after October 1, 1989,
shall include a statement in substantially the following form:
______________________________________________________________________________
NOTICE OF INCOME WITHHOLDING
     The support order is enforceable by income
withholding under ORS 25.372 to 25.427. Withholding shall occur immediately,
whenever there are arrears at least equal to the support payment for one month,
whenever the obligated parent requests such withholding or whenever the obligee
requests withholding for good cause. The district attorney or, as appropriate,
the Division of Child Support of the Department of Justice will assist in
securing such withholding. Exceptions may apply in some circumstances.
______________________________________________________________________________
     (2) The Department of Justice shall
provide annual notice to each obligor and obligee on support orders being
enforced by the district attorney or Division of Child Support of the
availability of and requirements for exceptions to withholding. [Formerly
25.370]
     25.387
Withholding more than amount authorized by law. Notwithstanding ORS 25.414 and 656.234, the
court upon motion of a party holding the support rights, the Division of Child
Support or the district attorney, and after a hearing, may order the
withholding of more than the amount otherwise authorized by law. In no case may
an order require payment of an amount that exceeds the limits imposed by the
Consumer Credit Protection Act (15 U.S.C. 1673(b)). [Formerly 25.354]
     25.390
Amendment of support order not required for withholding. Disposable income is subject to an order to
withhold to satisfy a support obligation without the need for any amendment to
the support order involved or for any further action, other than those actions
required or permitted under ORS 25.378. [Formerly 25.318]
     25.393
Remedy additional to other remedies. Collection of support by withholding income pursuant to ORS chapter 25
is in addition to any other remedy provided by law for the enforcement of
support. [Formerly 25.313]
     25.396
Exception to withholding; termination of withholding; rules. (1) When a court or the administrator enters
or modifies a support order, the court or administrator may grant an exception
to income withholding required under ORS 25.378 if the court or administrator
makes a written finding that there is good cause not to require income
withholding. Good cause exists when there is proof of timely payment of
previously ordered support and when initiating or continuing income withholding
would not be in the best interests of the child.
     (2) The court or administrator may grant
an exception to income withholding required under ORS 25.378 if:
     (a) The obligor and obligee at any time
agree in writing to an alternative payment method;
     (b) When money is owed to the state under the
support order, the state agrees in writing to the alternative payment method;
     (c) The obligor has paid in full all
arrears accrued under the support order;
     (d) The obligor has complied with the
terms of any previous exception granted under this section; and
     (e) The court or administrator accepts the
alternative payment method.
     (3) Notwithstanding subsection (1) of this
section, when child support is currently assigned to the state and the child is
in the custody of the Oregon Youth Authority or the Department of Human
Services, the state or the obligor may request and the court or administrator
may grant an exception from income withholding if:
     (a) The order to withhold is a barrier to
reunification of the family or rehabilitation of the youth or is prejudicial to
the obligorÂ’s ability to provide for another child to whom a duty of support is
owed; and
     (b) The state and the obligor agree in
writing to an alternative payment method.
     (4) Exceptions to income withholding
described in this section may be granted by the administrator or the court,
except that when support enforcement services are being provided under ORS
25.080 the only permissible alternative payment methods are an electronic funds
transfer to the Department of Justice or another method permitted under rules
adopted under this section.
     (5) A party may appeal the administrator’s
decision granting or denying an exception under this section to the circuit
court in accordance with ORS 183.484.
     (6) Income withholding may be terminated
only if the conditions set forth in this section are met.
     (7) The Department of Justice shall adopt
rules and establish procedures to implement this section. [Formerly 25.317;
2001 c.171 §1; 2003 c.73 §32; 2003 c.572 §8]
     25.399
Notice of order to withhold; contents of notice. (1) When an order to withhold is issued
under ORS 25.378, the party or entity initiating the action shall send notice
of the order to withhold to the obligor and the obligee by regular mail to the
last-known addresses of the obligor and obligee. The notice shall state:
     (a) That withholding has commenced;
     (b) The amount to be withheld and the
amount of arrears, if any;
     (c) That the order to withhold applies to
any current or subsequent withholder or period of employment;
     (d) The procedures available for
contesting the withholding and that the only basis for contesting the
withholding is a mistake of fact, which means an error in the amount of current
support or arrearages, or an error in the identity of the obligor;
     (e) The availability of and requirements
for exceptions to withholding;
     (f) That the obligor has 14 days from the
date that the income is first withheld pursuant to the order to withhold to
contest the withholding; and
     (g) The actions that will be taken if the
obligor contests the withholding.
     (2) The notice requirement of subsection
(1) of this section may be met by mailing a copy of the order to withhold, by
regular mail, to the obligor and to the obligee. [Formerly 25.315]
     25.402
Service of order on withholder; contents. (1)(a) The party initiating the support action shall serve the order
to withhold on the withholder. The order may be personally served upon the
withholder or the withholderÂ’s registered agent, an officer of the corporation,
bookkeeper, accountant, person responsible for payroll or local office manager
or may be served by any type of mail which is calculated to give actual notice
and is addressed to one of the persons listed above.
     (b) Notwithstanding paragraph (a) of this
subsection and unless the Department of Justice, prior to initiating service,
receives written notice of completion of service by another party, the
department shall serve the order to withhold in all cases affecting a support
order for which the department or the district attorney has responsibility
under ORS 25.080 for providing support enforcement services regardless of
whether the department or another party initiated the support action.
     (2) The order to withhold shall inform the
withholder of all of the following:
     (a) The amount of the obligor’s continuing
support obligation.
     (b) That the withholder is required to
withhold from the obligorÂ’s disposable income due or becoming due to the
obligor at each pay period an amount as determined by ORS 25.414.
     (c) The appropriate person to whom to make
the withholding payment.
     (d) The information contained in ORS
25.375, 25.387, 25.411, 25.414, 25.417, 25.421 and 25.424. [Formerly 25.314]
     25.405
Contesting order to withhold; basis. (1) An obligor contesting an order to withhold issued under ORS 25.378
must do so within 14 days from the date income is first withheld pursuant to
the order to withhold. The obligor may not contest an order to withhold issued
under ORS 25.378 (5).
     (2) The only basis for contesting the
order to withhold is a mistake of fact. “Mistake of fact” means an error in the
amount of current support or arrearages, or an error in the identity of the
obligor. Payment of all arrearages shall not be the sole basis for not
implementing withholding.
     (3) If the order to withhold was issued by
a court of this state, the obligor must contest the order to withhold in the
court that issued the order.
     (4) If the order to withhold was issued by
a court or administrative agency of another state and was received directly by
an employer in this state under ORS 110.394, the obligor may contest the order
to withhold by:
     (a) Seeking relief from enforcement of the
order in the appropriate tribunal of the state that issued the order; or
     (b) Registering the underlying withholding
order in
     (5) If the order to withhold was issued
pursuant to a request for enforcement under ORS 25.080, the obligor may contest
the order to withhold to the district attorney or the Division of Child
Support. The district attorney or the Division of Child Support need not
provide an opportunity for a contested case administrative hearing under ORS
chapter 183 or a hearing in circuit court. Within 45 days after the date income
is first withheld pursuant to the order to withhold, the district attorney or
the Division of Child Support shall determine, based on an evaluation of the
facts, if the withholding shall continue and notify the obligor of the
determination and of the obligorÂ’s right to appeal the determination.
     (6) Any appeal of the decision of the
district attorney or the Division of Child Support made under subsection (5) of
this section is to the circuit court for a hearing under ORS 183.484.
     (7) The initiation of proceedings to
contest an order to withhold under subsection (4) of this section, a motion or
request to contest an order to withhold or an appeal of the decision of the
district attorney or the Division of Child Support made under subsection (5) of
this section does not act to stay withholding unless otherwise ordered by a
court. [Formerly 25.316]
     25.408
Withholding is continuing obligation. The withholding required by the order is a continuing obligation. The
notice and the withholding required by the order remain in effect and are
binding upon the withholder until further notice from the court or the entity
issuing the notice. [Formerly 25.359]
     25.410 [1985 c.671 §13a; 1993 c.798 §27; 1993 c.800
§3; repealed by 1995 c.608 §46]
     25.411
When withholding begins; payment to Department of Justice or obligee. (1) The withholder shall start withholding
not later than the first pay period occurring five days after the date of the
order to withhold. However, if on the date the employer receives the order the
employer has already calculated the payroll for that pay period and has
prepared the paycheck or submitted a deposit for that payroll, the employer
shall start withholding no later than the second pay period occurring after the
date of the order to withhold.
     (2) Within seven business days after the
date the obligor receives income, the withholder shall pay amounts withheld to
the Department of Justice or to the obligee by deposit into the obligeeÂ’s bank
account, whichever is specified in the order to withhold. The withholder shall
include, with the payment, the obligorÂ’s name and case number and the date upon
which the income was withheld.
     (3) When payments are made to the
Department of Justice, the withholder may combine amounts withheld from
different obligorsÂ’ incomes in a single payment as long as such payment is
accompanied by a list that separately identifies which portion of the payment
is attributable to each obligor, the obligorÂ’s name and case number, if any.
     (4) As used in this section, “business day”
means a day on which the Department of Justice is open for regular business. [Formerly
25.355; 2007 c.356 §4]
     25.414
Standard amount to be withheld; processing fee; rules. (1) The withholder shall withhold from the
obligorÂ’s disposable monthly income, other than workersÂ’ compensation under ORS
chapter 656 or unemployment compensation under ORS chapter 657, the amount
stated in the order to withhold. The entity issuing the order to withhold shall
compute this amount subject to the following:
     (a) If withholding is for current support
only, the amount to be withheld is the amount specified as current support in
the support order.
     (b) If withholding is for current support
and there is an arrearage, the amount to be withheld is 120 percent of the
amount specified as current support in the support order.
     (c) If withholding is only for arrearage,
the amount to be withheld is one of the following:
     (A) The amount of the last ordered monthly
support.
     (B) If there is no last ordered monthly
support amount, the monthly support amount used to calculate the arrearage
amount specified in the order or judgment for arrearage.
     (C) If there is no last ordered monthly
support amount and if there was no monthly support amount, an amount calculated
under the formula established under ORS 25.275. For purposes of this
subparagraph, this calculation shall be based on the obligorÂ’s current monthly
gross income or, if the obligorÂ’s current monthly gross income is not known,
the Oregon hourly minimum wage converted to a monthly amount based upon a
40-hour workweek, zero income for the obligee, and one joint child, regardless
of how many children the parties may actually have. No rebuttals to this
calculation may be allowed.
     (d) Notwithstanding the amount determined
to be withheld under paragraph (c) of this subsection, the obligor must retain
disposable monthly income of at least 160 times the applicable federal minimum
hourly wage prescribed by section 6 (a)(1) of the Fair Labor Standards Act of
1938 (29 U.S.C. 206) or any future minimum hourly wages prescribed in that
section.
     (2) The amount to be withheld from
unemployment compensation under ORS chapter 657 is calculated as follows:
     (a) If withholding is for a current
support order, regardless of the existence of arrearage, the amount to be
withheld is the lesser of:
     (A) Twenty-five percent of the benefits
paid; or
     (B) The current monthly support
obligation. The entity issuing the order to withhold may convert the monthly
support obligation amount to a percentage to be withheld from each benefits
payment. However, the total amount withheld in one month may not exceed 25
percent of the benefits paid in that month or the current monthly support
obligation, whichever is less.
     (b) If withholding is for arrearage only,
the amount to be withheld is the lesser of:
     (A) Fifteen percent of the benefits paid;
or
     (B) The amount of the last ordered monthly
support obligation. The entity issuing the order to withhold may convert the
last ordered monthly support obligation amount to a percentage to be withheld
from each benefits payment. However, the total amount withheld in one month may
not exceed 15 percent of the benefits paid in that month or the amount of the
last ordered monthly support obligation, whichever is less.
     (c) The withholder may not charge or
collect a processing fee when withholding from unemployment compensation.
     (3) The amount to be withheld from workers’
compensation under ORS chapter 656 is set forth in ORS 656.234.
     (4) Notwithstanding any other provision of
this section, when withholding is from a lump sum payment or benefit, including
but not limited to retroactive workersÂ’ compensation benefits, lump sum
retirement plan disbursements or withdrawals, insurance payments or
settlements, severance pay, bonus payments or any other similar payments or
benefits that are not periodic recurring income, the amount subject to
withholding for payment of a support obligation may not exceed one-fourth of
the amount of the lump sum payment or benefit.
     (5) Notwithstanding any other provision of
this section, the administrator may set a lesser amount to be withheld if the
obligor demonstrates the withholding is prejudicial to the obligorÂ’s ability to
provide for a child the obligor has a duty to support. The Department of
Justice shall adopt rules consistent with federal regulations to implement this
subsection.
     (6) Except as provided in subsection (2)
of this section, the withholder may deduct from the obligorÂ’s disposable income
a monthly processing fee not to exceed $5. The processing fee is in addition to
the amount calculated to be withheld for support, unless the amount to be
withheld for support is the maximum allowed under subsection (8) of this
section, in which case the fee is deducted from the amount withheld as support.
     (7) If there are multiple withholding
orders against the same obligor, the amount to be withheld is the sum of each
support order calculated independently.
     (8) No withholding as calculated under
this section, including the processing fee permitted in subsection (6) of this
section, shall exceed 50 percent of the obligorÂ’s net disposable income. The
limit established in this subsection applies whenever withholding is
implemented under this section, whether by a single order or by multiple orders
against the same obligor.
     (9) When the obligor’s income is not
sufficient for the withholder to fully comply with each withholding order, the
withholder shall withhold the maximum amount allowed under this section. If all
withholding orders for a particular obligor are payable to or through the
department, the withholder shall pay to the department the income withheld and
the department shall determine priorities for allocating income withheld to
multiple child support cases relative to that obligor. If one or more of the
withholding orders for a particular obligor require payment other than to or
through the department, the withholder shall use the following to determine
priorities for withholding and allocating income withheld to multiple child
support cases:
     (a) If the amount withheld from the
obligorÂ’s income is sufficient to pay the current support due to each case but
is not enough to fully comply with the withholding order for each case where
past due support is owed, the withholder shall:
     (A) Pay to each case the amount of support
due for the current month; and
     (B) Pay the remainder of the amount
withheld in equal amounts to each case where past due support is owed. However,
no case shall receive more than the total amount of current support and past
due support owed to that case at the time the payment is made.
     (b) If the amount withheld is not
sufficient to pay the current support due to each case, each case shall be paid
a proportionate share of the amount withheld. The withholder shall determine
this for each case by dividing the monthly amount ordered as current support
for that case by the combined monthly amount ordered as current support for all
cases relative to the same obligor, and multiplying this percentage by the
total amount withheld.
     (10) An order to withhold income is not
subject to the limitations of ORS 18.385.
     (11) A withholder shall withhold funds as
directed in the order to withhold, except that when a withholder receives an
income-withholding order issued by another state, the withholder shall apply
the income-withholding law of the state of the obligorÂ’s principal place of
employment in determining:
     (a) The withholder’s fee for processing an
income-withholding order;
     (b) The maximum amount permitted to be
withheld from the obligorÂ’s income;
     (c) The time periods within which the
withholder must implement the income-withholding order and forward the child
support payment;
     (d) The priorities for withholding and
allocating income withheld for multiple child support obligees; and
     (e) Any withholding terms or conditions
not specified in the order. [Formerly 25.351; 2001 c.455 §10; 2003 c.73 §33;
2003 c.572 §9]
     25.417
Amount to be withheld when obligor paid more frequently than monthly. When an obligor is required to pay support
by income withholding and is paid more often than monthly, the withholder shall
withhold up to the full amount specified in the order to withhold, based on the
obligorÂ’s pay period as specified in the order to withhold. The amount withheld
may not exceed the maximum amount allowed under ORS 25.414 (8). [Formerly
25.353; 2001 c.455 §11]
     25.420 [1985 c.671 §13; 1993 c.800 §4; repealed by
1995 c.608 §46]
     25.421
Procedure if withholder does not withhold support. If for any reason a withholder does not
withhold support in any month, the withholder shall explain the reason for not
withholding. The withholder shall send the explanation for not withholding to
the person or entity to whom the withholder sends payments and shall send the
explanation on the date that the withholder would normally send a payment. If
the withholder does not send a payment because the obligor is no longer
employed by the withholder, the withholder may include in the explanation the
name and address of the obligorÂ’s new employer, if known. A withholder is not
liable to the obligor for disclosure of this information. [Formerly 25.357]
     25.424
Liability of withholder for withholding and for failing to withhold; unlawful
employment practice. (1) A
withholder is not subject to civil liability to an individual or agency for
conduct or actions in compliance with an order to withhold if the withholder:
     (a) Is served with an order to withhold
under ORS 25.402 that is regular on its face; and
     (b) Complies with the terms of the order
if the order appears to be in compliance with ORS 25.402.
     (2) The withholder is liable for all
amounts that the withholder fails to withhold or pay as required by the order
to withhold or withholds or pays in excess of the amount required by the order
to withhold. The holder of support rights, the obligor, the Division of Child
Support or a district attorney may bring an action against the withholder:
     (a) To recover all amounts that the
withholder failed to withhold or pay or withheld or paid in excess of the
amount required;
     (b) To recover an additional amount as
damages not to exceed the amount referred to in paragraph (a) of this
subsection; and
     (c) If the failure to withhold was willful
or the result of gross negligence by the withholder, to have an additional
amount imposed as a fine payable to the court not to exceed $250 for each time
the withholder failed to withhold or pay or withheld or paid an amount
exceeding the amount required and to pay reasonable costs of the action
including attorney fees.
     (3)(a) An employer commits an unlawful
employment practice if the employer discharges an employee, refuses to hire an
individual or in any other manner discriminates, retaliates or takes
disciplinary action against an obligor because of the entry or service of an
order to withhold under ORS 25.378 and 25.402 or because of the obligations or
additional obligations that the order imposes upon the employer. An obligor may
bring an action under ORS 659A.885 or may file a complaint with the
Commissioner of the Bureau of Labor and Industries in the manner provided by
ORS 659A.820. These remedies are in addition to any other remedy available in
law or equity.
     (b) Paragraph (a) of this subsection does
not apply to actions taken by an employer pursuant to any condition of
employment required by law.
     (4) Nothing in ORS 25.372 to 25.427
precludes an action for contempt for disobedience of a judicial order to
withhold. [Formerly 25.363; 2001 c.621 §67; 2003 c.572 §10]
     25.427
Rules. The Department of
Justice shall make rules and take action as is necessary to carry out the
purposes of ORS 25.372 to 25.427. [Formerly 25.365; 2003 c.73 §34]
     25.430 [1985 c.671 §13b; repealed by 1995 c.608 §46]
     25.440 [1985 c.671 §14; repealed by 1995 c.608 §46]
     25.450 [1985 c.671 §15; 1989 c.520 §1; 1993 c.596 §9;
1993 c.798 §28; 1993 c.800 §5; repealed by 1995 c.608 §46]
     25.460 [1985 c.671 §16; 1993 c.596 §10; 1993 c.798 §29;
repealed by 1995 c.608 §46]
     25.470 [1985 c.671 §17; 1993 c.798 §30; repealed by
1995 c.608 §46]
     25.480 [1985 c.671 §18; 1993 c.596 §11; 1993 c.798 §36;
repealed by 1995 c.608 §46]
     25.490 [1985 c.671 §19; 1993 c.798 §37; repealed by
1995 c.608 §46]
     25.500 [1985 c.671 §20; 1993 c.798 §38; repealed by
1995 c.608 §46]
     25.510 [1985 c.671 §21; 1993 c.798 §39; repealed by
1995 c.608 §46]
     25.520 [1985 c.671 §22; 1993 c.798 §40; repealed by
1995 c.608 §46]
     25.530 [1985 c.671 §23; repealed by 1995 c.608 §46]
INCOME TAX
INTERCEPT
     25.610
Procedure to collect support orders from state tax refunds; voluntary
withholding; rules. (1)
Whenever support enforcement services are being provided and those services are
funded in part through Title IV-D of the Social Security Act (42 U.S.C. 651, et
seq.), the administrator may request the Department of Revenue, through the
Department of Justice or its designee, to collect past due child and spousal
support from income tax refunds due to the obligor. The request shall be based
upon the payment record maintained under ORS 25.020.
     (2) If support payment records have not
been maintained as provided in ORS 25.020, then a support payment record may be
established under ORS 25.164, 25.167 and 416.429.
     (3) The Department of Justice shall adopt
rules:
     (a) Setting out additional criteria for
requests under subsection (1) of this section; and
     (b) Directing how any support obligation
collected by the Department of Revenue shall be distributed, consistent with
federal regulations.
     (4) Before a request is made to the
Department of Revenue under subsection (1) of this section, the Department of
Justice shall provide advance written notice to the obligor and the obligee of
its intent to refer the case to the Department of Revenue. The notice shall
inform the parties:
     (a) Of the proposed action;
     (b) Of the obligor’s right to request an
administrative review of the proposed action;
     (c) That an administrative review, if
desired, must be requested by the obligor within 30 days after the date of the
notice; and
     (d) That the only issues that may be
considered in the administrative review are:
     (A) Whether the obligor is the person who
owes the support obligation; and
     (B) Whether the amount shown as the past
due support is correct.
     (5) An administrative review must be
requested within 30 days after the date of the notice described in subsection
(4) of this section. At the administrative review, an issue may not be
considered if it was previously litigated or if the obligor failed to exercise
rights to appear and be heard or to appeal a decision that resulted in the
accrual of the arrearage being used as a basis for a request under subsection
(1) of this section. A party may appeal a decision from the administrative
review under ORS 183.484.
     (6) When the Department of Revenue has
been requested to collect past due child and spousal support from income tax refunds
due to the obligor, the Department of Revenue may not allow the obligor to
apply any income tax refund to future taxes of the obligor.
     (7) Notwithstanding any other provision of
this section, an obligor who is not delinquent in payment of child or spousal
support may authorize the Department of Revenue, through the Department of
Justice or its designee, to withhold any income tax refund owing to that
obligor for the purpose of applying the moneys as a credit to the support
account maintained by the Department of Justice. [1985 c.671 §§27,28; 1989
c.519 §6; 1991 c.588 §2; 1993 c.596 §12; 1997 c.170 §12; 1997 c.704 §33; 2001
c.455 §12; 2003 c.73 §35; 2003 c.572 §11; 2005 c.560 §5]
     25.620
Procedures to collect past due support from state tax refunds; fees. (1) The Department of Revenue shall
establish procedures consistent with ORS 25.610 to collect past due child and
spousal support from income tax refunds due to the obligor in the same manner
that other delinquent accounts are collected under ORS 293.250.
     (2) The Department of Revenue shall
establish procedures to ensure that when an obligor has filed a joint income
tax return, the obligorÂ’s spouse may apply for a share of the refund, if any.
The procedures shall provide for notice to the obligee regarding any
application by the obligorÂ’s spouse for a share of the refund.
     (3) No collection shall be made by the
Department of Revenue unless the debt is in a liquidated amount.
     (4) Notwithstanding the provisions of ORS
293.250, the Department of Revenue shall designate a single fee to retain from
moneys collected for child support as a reasonable fee to cover only the actual
cost.
     (5) The Department of Revenue shall
forward the net proceeds of collections made under subsection (1) of this
section to the Department of Justice. Such proceeds shall be applied pursuant
to ORS 25.610 (3).
     (6) Notwithstanding any other law relating
to the confidentiality of tax records, the Department of Revenue shall send the
Department of Justice the obligorÂ’s home address and Social Security number or
numbers on each case submitted for collection pursuant to ORS 25.610. [1985
c.671 §29; 1993 c.596 §13; 1997 c.170 §13; 1997 c.704 §34; 2001 c.455 §27]
     25.625
Federal tax offset; passport denial; rules. (1) The Department of Justice may furnish to the United States
Secretary of Health and Human Services certifications appropriate to and
required for action by the secretary to offset federal income tax returns and
to deny, revoke or limit passports of individuals owing child support
arrearages.
     (2) The department shall adopt rules to
carry out the purposes of subsection (1) of this section. [1997 c.746 §13; 2003
c.73 §36]
     Note: 25.625 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 25 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
DISCLOSURES
OF INFORMATION BY FINANCIAL INSTITUTIONS
     25.640
Definitions for ORS 25.643 and 25.646. For purposes of ORS 25.643 and 25.646:
     (1) “Account” means a demand deposit
account, checking or negotiable withdrawal order account, savings account,
share draft account, time deposit account or money-market mutual fund account.
     (2) “Customer” has the meaning given that
term in ORS 192.550.
     (3) “Financial institution” means:
     (a) A depository institution, as defined
in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c));
     (b) Any federal credit union or state
credit union, as defined in section 101 of the Federal Credit Union Act (12
U.S.C. 1752), including an institution-affiliated party of such a credit union,
as defined in section 206(r) of the Federal Credit Union Act (12 U.S.C.
1786(r)); and
     (c) Any benefit association, insurance
company, safe deposit company, money-market mutual fund or similar entity
authorized to do business in the state.
     (4) “Financial records” has the meaning
given that term in ORS 192.550. [1997 c.746 §120]
     Note: 25.640 to 25.646 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter 25
or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     25.643
Disclosure of information on obligors by financial institutions; fees; liability. (1) The Department of Justice and financial
institutions doing business in this state shall enter into agreements to
develop and operate a data match system using automated data exchanges to the
maximum extent feasible.
     (2) Pursuant to the agreements, financial
institutions shall provide, for each calendar quarter, the name, address,
Social Security number or other taxpayer identification number and other
identifying information for each obligor who:
     (a) Maintains an account at the
institution; and
     (b) Owes past due support, as identified
by the department by name and Social Security number or other taxpayer
identification number.
     (3) The department shall pay a reasonable
fee to a financial institution for conducting the data match provided for in
this section. The fee may not exceed the actual costs incurred by the financial
institution.
     (4) A financial institution, including an
institution-affiliated party as defined in section 3(u) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(u)), is not liable under any state law to any
person:
     (a) For any disclosure of information to
the department under this section;
     (b) For encumbering or surrendering any
assets held by the financial institution in response to a notice of lien or
levy issued by the department; or
     (c) For any other action taken in good
faith to comply with the requirements of this section. [1997 c.746 §121; 2003
c.73 §37]
     Note: See note under 25.640.
     25.646
Disclosure of financial records of customers by financial institutions;
liability. (1) Upon request
of the Department of Justice and the receipt of the certification required
under subsection (2) of this section, a financial institution shall provide
financial records of a customer.
     (2) In requesting information under
subsection (1) of this section, the department shall provide the name and
Social Security number of the person whose financial records are sought and
shall state with reasonable specificity the financial records requested. The
department shall certify to the financial institution in writing, signed by an
agent of the department:
     (a) That the person whose financial
records are sought is a party to a proceeding to establish, modify or enforce
the child support obligation of the person; and
     (b) That the department has authorization
from the person for release of the financial records, has given the person
written notice of its request for financial records or will give the notice
within five days after the financial institution responds to the request.
     (3) The department shall reimburse a
financial institution supplying financial records under this section for actual
costs incurred.
     (4) A financial institution, including an
institution-affiliated party as defined in section 3(u) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(u)), that supplies financial records to the
department under this section is not liable to any person for any loss, damage
or injury arising out of or in any way pertaining to the disclosure of the
financial records.
     (5) A financial institution that is requested
to supply financial records under this section may enter into an agreement with
the department concerning the method by which requests for financial records
and responses from the financial institution shall be made.
     (6) The department shall provide a
reasonable time to the financial institution for responding to a request for
financial records.
     (7) The department shall seek financial
records under this section only:
     (a) With respect to a person who is a
party to a proceeding to establish, modify or enforce the child support
obligation of the person; or
     (b) According to the provisions of ORS
25.083. [1997 c.746 §122; 1999 c.930 §4; 2001 c.455 §13]
     Note: See note under 25.640.
CONSUMER
REPORTING AGENCIES
     25.650
Information on past due support to consumer reporting agencies; rules. (1) As used in this section, “consumer
reporting agency” means any person that, for monetary fees or dues or on a
cooperative nonprofit basis, regularly engages in whole or in part in the
practice of assembling or evaluating consumer credit information or other
information on consumers for the purpose of furnishing consumer reports to
third parties, and that uses any means or facility of interstate commerce for
the purpose of preparing or furnishing consumer reports.
     (2)(a) Notwithstanding any other law, and
subject to rules established by the Department of Justice, for cases in which
there is past due support, the department shall:
     (A) Report periodically to consumer
reporting agencies the name of any obligor who is delinquent in the payment of
support and the amount owed by the obligor; and
     (B) Otherwise make available to a consumer
reporting agency upon its request information regarding the amount of past due
support owed by an obligor.
     (b) The department shall provide advance
notice to both the obligor and the obligee concerning the proposed reporting of
information to the consumer reporting agencies. The notice must inform both
parties:
     (A) Of the amount of the past due support
the department will report to the consumer reporting agencies;
     (B) That the department will continue to
report the past due support amount owed without sending additional notice to
the parties;
     (C) Of the obligor’s right to request an
administrative review within 30 days after the date of the notice; and
     (D) Of the issues that may be considered
on review.
     (c) If an obligor requests an
administrative review, the department may not report the past due support
amount until the review is complete.
     (d) A party may appeal a decision from the
administrative review under ORS 183.484. An appeal of the decision does not
stay the department from making reports to consumer reporting agencies.
     (3)(a) If paternity has been established
and a consumer report is needed for the purpose of establishing or modifying a
child support order, the administrator may request that a consumer reporting
agency provide a report.
     (b) At least 10 days prior to making a
request under paragraph (a) of this subsection, the administrator shall notify
the obligor or obligee whose report is requested, by certified or registered
mail, that the report will be requested.
     (4) The department shall report
information under subsection (2) of this section only to a person that has
furnished evidence satisfactory to the department that the person is a consumer
reporting agency.
     (5) When the department has made a report
to a consumer reporting agency under subsection (2) of this section, the
department shall promptly notify the consumer reporting agency when the
departmentÂ’s records show that the obligor no longer owes past due support. [1985
c.671 §§45,46; 1993 c.596 §14; 1997 c.704 §35; 1999 c.80 §66; 2003 c.73 §38;
2005 c.560 §6]
LIENS ON
PERSONAL PROPERTY
     25.670
Judgment lien on personal property. (1) Whenever there is a judgment for unpaid child or spousal support,
a lien arises by operation of law on any personal property owned by the
obligor, and the lien continues until the liability for the unpaid support is
satisfied or the judgment or renewal thereof has expired. For purposes of this
section and ORS 25.680 and 25.690, liability for the unpaid support includes
the amount of unpaid support, with interest, and any costs that may be
associated with lawful execution on the lien including, but not limited to,
attorney fees, costs of notice and sale, storage and handling.
     (2)(a) A lien arising under subsection (1)
of this section may be recorded by filing a written notice of claim of lien
with the county clerk of the county in which the obligor resides or the
property is located. The notice of claim of lien required under this subsection
shall be a written statement and must include:
     (A) A statement of the total amount due,
as of the date of the filing of the notice of claim of lien;
     (B) The name and address of the obligor
and obligee;
     (C) The name and address of the office of
the district attorney, Division of Child Support or other person or entity
filing the notice;
     (D) A statement identifying the county
where the underlying support order was entered and its case number;
     (E) A description of the personal property
to be charged with the lien sufficient for identification; and
     (F) A statement of the date the lien
expires under the laws of the issuing state. If no expiration date is provided,
the lien expires in
     (b) The county clerk shall record the
notice of claim of lien filed under paragraph (a) of this subsection in the
County Clerk Lien Record.
     (3)(a) When a notice of claim of lien is
recorded pursuant to subsection (2) of this section, the person or entity
filing the notice of claim of lien shall send forthwith a copy of the notice to
the owner of the personal property to be charged with the lien by registered or
certified mail sent to the ownerÂ’s last-known address.
     (b) A copy of the notice shall also be
sent to the obligee by regular mail.
     (4) Liens described in subsection (1) of
this section that arise by operation of law in another state shall be accorded
full faith and credit if the state agency, party or other entity seeking to
enforce the lien follows the applicable procedures for recording and service of
notice of claim of lien set forth in this section. A state agency, party or
other entity may not file an action to enforce a lien described in this section
until the underlying judgment has been filed in
     25.680
Effect of lien; priority.
(1) Whenever a notice of claim of lien has been recorded under ORS 25.670 (2),
the owner of the personal property may not release, sell, transfer, pay over,
encumber or convey the personal property that is the subject of the lien until
the Department of Justice or person to whom the support is or was owed or, if
services are being provided under ORS 25.080, the enforcing agency of this or
any other state releases the lien, the lien has been satisfied or a court has
ordered release of the lien on the basis that no debt exists or that the debt
has been satisfied. The limitations of this subsection do not apply to
transfers or conveyances of the property by the owner to the holder of a
security interest that was in existence at the time the notice of claim of lien
was filed.
     (2) The rights of bona fide purchasers for
value or persons with a security interest in the personal property are not
affected by the creation or the existence of the lien.
     (3) Liens filed under ORS 25.670 do not
have priority over previously perfected security interests. [1985 c.671 §48;
1999 c.80 §35; 2003 c.73 §39]
     25.690
Foreclosure of lien. A lien
arising pursuant to ORS 25.670 may be foreclosed in the manner set out in ORS
87.262 or ORS chapter 18 or in any other manner permitted under law. [1985
c.671 §49; 1999 c.80 §36; 2003 c.576 §577a]
     25.700 [1993 c.763 §§2,4; repealed by 2003 c.576 §580]
MISCELLANEOUS
     25.710
Duty of district attorney.
(1) Notwithstanding ORS 25.080, the district attorney, except as provided in
subsection (2) of this section, shall continue to enforce support enforcement
cases until the Department of Justice otherwise directs if:
     (a) The case was being enforced by the
district attorney on October 1, 1985; and
     (b) The case involves any arrearages
assigned to the state or any other state.
     (2) This section does not apply when the
obligor or beneficiary of the support judgment or order is receiving any of the
following:
     (a) Public assistance; or
     (b) Care, support or services under ORS
418.015. [1985 c.671 §51a; 2003 c.73 §40; 2003 c.572 §12; 2003 c.576 §301]
     25.715
Child support paid from security deposit. (1) The court may order that the portion of a security deposit made
under ORS 135.265 that would otherwise be returned to the person who made the
deposit or the amount of child support arrearages, whichever is less, be paid
to an obligee or the Division of Child Support of the Department of Justice if:
     (a) The defendant is an obligor who owes
child support arrearages;
     (b) The obligee or the administrator has
filed a motion requesting the court to make such an order;
     (c) The obligee or the administrator has
served the defendant with a copy of the motion;
     (d) The defendant has an opportunity to
respond and request a hearing; and
     (e) The court has determined that such an
order is appropriate.
     (2) The court may order that a portion of
a security amount forfeited under ORS 135.280 be paid to the division and be
applied to any unsatisfied child support judgment and to provide security for
child support payments in accordance with ORS 25.230 if:
     (a) The defendant is an obligor who owes
child support;
     (b) The administrator has filed a motion
requesting the court to make such an order;
     (c) The motion specifies the amount to be
applied to the child support judgment under ORS 135.280; and
     (d) The court has determined that such an
order is appropriate. [1999 c.1030 §5; 2001 c.705 §1]
     25.720
When support assignable. (1)
Except as provided in ORS 25.125, 412.024, 418.032, 419B.406 or 419C.597 or
subsection (2) of this section, the right to receive child or spousal support
payments under ORS chapters 107, 108, 109, 110, 416, 419B and 419C is not
assignable, and any transaction in violation of this section is void.
     (2) Notwithstanding the provisions of
subsection (1) of this section, the right to receive support payments is assignable
as may be appropriate for the protection of a minor or other person for whom a
fiduciary has been appointed under ORS chapter 125 or for whom a trust has been
established.
     (3) A person may not solicit or accept the
assignment of support rights under subsection (1) of this section. [1985 c.671 §52(1),(2),(3);
1993 c.33 §288; 1995 c.514 §12; 1995 c.608 §34; 1995 c.664 §75; 1997 c.385 §3;
2003 c.131 §1]
     25.722 [1993 c.798 §11; renumbered 25.375 in 1999]
     25.725
Child Support Deposit Fund.
(1) The Child Support Deposit Fund is established in the State Treasury
separate and distinct from the General Fund. Interest earned by the Child
Support Deposit Fund shall be credited to the fund. All moneys in the Child
Support Deposit Fund are appropriated continuously for use by the Department of
Justice as the state disbursement unit.
     (2) All moneys received by the department
under ORS 25.020 and 25.620 and any other state or federal law authorizing the
department to collect or receive child support payments shall be deposited in
the Child Support Deposit Fund. The Child Support Deposit Fund is not subject
to the provisions of ORS 291.234 to 291.260. [1995 c.262 §2; 1997 c.704 §36;
2003 c.73 §41]
     25.727
Garnishing income of person required to provide health insurance for child
eligible under Medicaid. (1)
The Department of Justice, or its designee, may garnish the wages, salary or
other employment income of, and withhold amounts from state tax refunds to, any
person who:
     (a) Is required by court or administrative
order to provide coverage of the cost of health services to a child eligible
for medical assistance under Medicaid; and
     (b) Has received payment from a third
party for the costs of such services but has not used the payments to reimburse
either the other parent or guardian of the child or the provider of the
services.
     (2) The department, or its designee, may
take this action to the extent necessary to reimburse the state Medicaid agency
for its costs, but claims for current and past due child support shall take
priority over these claims. [1995 c.506 §9; 2003 c.73 §42]
     25.729
Application of laws to effectuate purposes of ORS chapter 110. Any provision in the laws of this state
relating to establishment, modification and enforcement of support may be
applied to effectuate the purposes of ORS chapter 110 to the extent that such
application is not inconsistent with ORS chapter 110. [1995 c.608 §11]
SUSPENSION OF
OCCUPATIONAL AND DRIVER LICENSES
     25.750
Suspension of licenses, certificates, permits and registrations; when
authorized; rules. (1) All
licenses, certificates, permits or registrations that a person is required by
state law to possess in order to engage in an occupation or profession or to
use a particular occupational or professional title, all annual licenses issued
to individuals by the Oregon Liquor Control Commission, all driver licenses or
permits issued by the Department of Transportation and recreational hunting and
fishing licenses, as defined by rule of the Department of Justice, are subject
to suspension by the respective issuing entities upon certification to the
issuing entity by the administrator that a child support case record is being
maintained by the Department of Justice, that the case is being enforced by the
administrator under the provisions of ORS 25.080 and that one or both of the
following conditions apply:
     (a) That the party holding the license,
certificate, permit or registration is under order or judgment to pay monthly
child support and is in arrears, with respect to any such judgment or order
requiring the payment of child support, in an amount equal to three months of
support or $2,500, whichever occurs later, and:
     (A) Has not entered into an agreement with
the administrator with respect to the child support obligation; or
     (B) Is not in compliance with an agreement
entered into with the administrator; or
     (b) That the party holding the license,
certificate, permit or registration has failed, after receiving appropriate
notice, to comply with a subpoena or other procedural order relating to a
paternity or child support proceeding and:
     (A) Has not entered into an agreement with
the administrator with respect to compliance; or
     (B) Is not in compliance with such an
agreement.
     (2) The Department of Justice by rule shall
specify the conditions and terms of agreements, compliance with which precludes
the suspension of the license, certificate, permit or registration. [1993 c.365
§2; 1995 c.620 §1; 1995 c.750 §7; 1997 c.704 §37; 1999 c.80 §11; 2001 c.323 §1;
2001 c.455 §14; 2003 c.73 §43]
     25.752
Memberships in professional organizations that are required by state law. As used in ORS 25.750 to 25.783, “licenses,
certificates, permits or registrations” includes, but is not limited to,
memberships in professional organizations that are required by state law in
order to engage in a profession. [1995 c.620 §12]
     25.753 [1993 c.365 §3; repealed by 1995 c.620 §13]
     25.756
Identifying persons holding licenses, certificates, permits and registrations. The Department of Justice shall enter into
agreements regarding the identification of persons who are subject to the
provisions of ORS 25.750 to 25.783 and who hold licenses, certificates, permits
or registrations with:
     (1) The
     (2) All entities that issue licenses,
certificates, permits or registrations that a person is required by state law
to possess to engage in an occupation, profession or recreational hunting or
fishing or to use a particular occupational or professional title; and
     (3) The Department of Transportation. [1993
c.365 §4; 1995 c.620 §2; 1995 c.750 §8; 1997 c.704 §38; 1999 c.80 §12]
     25.759
Notice to persons subject to suspension; contents. Upon identification of a person subject to
suspension under ORS 25.750 to 25.783, the administrator may issue a notice,
sent by regular mail to both the address of record as shown in the records of
the issuing entity and the address of record as shown on the administratorÂ’s
child support file. Such notice shall contain the following information:
     (1) That certain licenses, certificates,
permits and registrations, which shall be specified in the notice, are subject
to suspension as provided for by ORS 25.750 to 25.783.
     (2) The name, Social Security number, if
available, date of birth, if known, and child support case number or numbers of
the person subject to the action.
     (3) The amount of arrears and the amount
of the monthly child support obligation, if any, or, if suspension is based on
ORS 25.750 (1)(b), a description of the subpoena or other procedural order with
which the person subject to the action has failed to comply.
     (4) The procedures available for
contesting the suspension of a license, certificate, permit or registration.
     (5) That the only bases for contesting the
suspension are:
     (a) That the arrears are not greater than
three months of support or $2,500;
     (b) That there is a mistake in the
identity of the obligor;
     (c) That the person subject to the
suspension has complied with the subpoena or other procedural order identified
in subsection (3) of this section; or
     (d) That the person subject to the
suspension is in compliance with a previous agreement as provided for by ORS
25.750 to 25.783.
     (6) That the obligor may enter into an
agreement, prescribed by rule by the Department of Justice, compliance with
which shall preclude the suspension under ORS 25.750 to 25.783.
     (7) That the obligor has 30 days from the
date of the notice to contact the administrator in order to:
     (a) Contest the action in writing on a
form prescribed by the administrator;
     (b) Comply with the subpoena or procedural
order identified in subsection (3) of this section; or
     (c) Enter into an agreement authorized by
ORS 25.750 and 25.762. The notice shall state that any agreement must be in
writing and must be entered into within 30 days of making contact with the
administrator.
     (8) That failure to contact the
administrator within 30 days of the date of the notice shall result in
notification to the issuing entity to suspend the license, certificate, permit
or registration. [1993 c.365 §5; 1995 c.620 §3; 1997 c.704 §39; 1999 c.80 §13;
2001 c.323 §2; 2001 c.455 §15; 2003 c.73 §44]
     25.762
Agreement between obligor and administrator; effect of failure to contest
suspension or to enter into agreement. (1) If the administrator is contacted within 30 days of the date of
the notice specified in ORS 25.759, the administrator and the obligor may enter
into an agreement as provided for by rule of the Department of Justice. If no
contest is filed or if no agreement is entered into within the time prescribed
by ORS 25.750 to 25.783, or if the obligor fails to comply with the terms of an
agreement previously entered into, the administrator shall advise the issuing
entity to suspend the license, certificate, permit or registration forthwith.
     (2) After receipt of notice to suspend
from the administrator, no further administrative review or contested case
proceeding within or by the issuing entity is required. [1993 c.365 §6; 1995
c.620 §4; 1999 c.80 §14; 2001 c.323 §3; 2003 c.73 §45]
     25.765
Procedure if obligor contacts administrator within time limits; hearing. (1) If the obligor makes the contact within
30 days of the date of the notice as provided for in ORS 25.759, the
administrator shall provide the obligor with the opportunity to contest the
suspension on the bases set forth in ORS 25.759 (5). The administrator shall
determine whether suspension should occur. If the administrator determines that
suspension should occur, the administrator shall make a written determination
of such finding.
     (2) The obligor may object to the
determination described in subsection (1) of this section within 30 days after
the date of the determination. Any hearing on the objection shall be conducted
by an administrative law judge assigned from the Office of Administrative
Hearings. Any suspension is stayed pending the decision of the administrative
law judge. Any order of the administrative law judge that supports a suspension
shall result in the notification to the issuing entity by the administrator to
suspend the license, certificate, permit or registration forthwith.
     (3) After receipt of notice to suspend
from the administrator, no further administrative review or contested case
proceeding within or by the issuing entity is required. [1993 c.365 §7; 1995
c.620 §5; 1999 c.80 §15; 1999 c.849 §§43,44; 2001 c.323 §§4,5; 2003 c.75 §26;
2005 c.560 §7]
     25.768
Judicial review of order.
The order of the administrative law judge is final and is subject to judicial
review as provided in ORS 183.482. Any suspension under ORS 25.750 to 25.783 is
not stayed pending judicial review. [1993 c.365 §8; 2003 c.75 §76]
     25.771
Obligor holding more than one license, certificate, permit or registration. In the event that an obligor holds more than
one license, certificate, permit or registration described in ORS 25.750, any
determination regarding suspension of one license, certificate, permit or
registration is sufficient to suspend any other license, certificate, permit or
registration described in ORS 25.750. [1993 c.365 §9; 1995 c.620 §6]
     25.774
Reinstatement. When, at any
time after suspension under ORS 25.750 to 25.783, the conditions resulting in
the suspension no longer exist, the administrator shall so notify the issuing
entity and shall confirm that the license, certificate, permit or registration
may be reinstated contingent upon the requirements of the issuing entity. Until
the issuing entity receives notice under this section, the issuing entity may
not reinstate, reissue, renew or otherwise make the license, certificate,
permit or registration available to the holder of the suspended license,
certificate, permit or registration. [1993 c.365 §10; 1995 c.620 §7; 1999 c.80 §16;
2001 c.323 §6]
     25.777
Reimbursing issuing entities for costs incurred. The Department of Justice shall enter into
agreements to reimburse issuing entities for their costs of compliance with ORS
25.750 to 25.783 to the extent that those costs are eligible for Federal
Financial Participation under Title IV-D of the Social Security Act. [1993
c.365 §11; 1995 c.620 §8; 2001 c.323 §7]
     25.780
Other licenses, certificates, permits and registrations subject to suspension. In addition to any other grounds for
suspension provided by law:
     (1) The Oregon Liquor Control Commission
and any entity that issues licenses, certificates, permits or registrations
that a person is required by state law to possess to engage in an occupation,
profession or recreational hunting or fishing or to use a particular
occupational or professional title shall suspend without further hearing the
licenses, certificates, permits or registrations of a person upon certification
by the administrator that the person is subject to an order suspending the
license, certificate, permit or registration. The certification must include
the information specified in ORS 25.750 (1).
     (2) The Department of Transportation shall
suspend without further hearing the driver license or driver permit of a person
upon certification by the administrator that the person is subject to an order
suspending the license or permit. The certification must include the
information specified in ORS 25.750 (1). [1993 c.365 §13; 1995 c.620 §9; 1995
c.750 §5; 1999 c.80 §17; 2001 c.323 §8]
     25.783
Confidentiality of information.
Any entity described in ORS 25.756 that receives an inquiry as to the status of
a person who has had a license, certificate, permit or registration suspended
under ORS 25.750 to 25.783 shall respond only that the license, certificate,
permit or registration was suspended pursuant to ORS 25.750 to 25.783. The
entity shall not release or make other use of information that it receives
pursuant to ORS 25.750 to 25.783. [1993 c.365 §14; 1995 c.620 §10]
     25.785
Issuing entities to require Social Security number. (1) Any state agency, board or commission
that is authorized to issue an occupational, professional, recreational or
driver license, certificate, permit or registration subject to suspension under
ORS 25.750 to 25.783 shall require that an individualÂ’s Social Security number
be recorded on an application for, or form for renewal of, a license,
certificate, permit or registration and to the maximum extent feasible shall
include the Social Security number in automated databases containing
information about the individual.
     (2) A state agency, board or commission
described in subsection (1) of this section may accept a written statement from
an individual who has not been issued a Social Security number by the United
States Social Security Administration to fulfill the requirement in subsection
(1) of this section.
     (3) An individual may not submit to a
state agency, board or commission a written statement described in subsection
(2) of this section knowing the statement to be false. [1997 c.746 §117; 1999
c.80 §93; 2003 c.610 §1; 2005 c.22 §17]
     Note: 25.785 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 25 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
EMPLOYER
REPORTING PROGRAM
     25.790
Hiring or rehiring individual; report required; contents. (1)(a) An employer shall report to the
Division of Child Support of the Department of Justice the hiring or rehiring
of an individual who resides or works in the state and to whom the employer
anticipates paying earnings if the employer:
     (A) Has employees working only in this
state; or
     (B) Is a multistate employer and has
designated to the United States Secretary of Health and Human Services that
     (b) The employer shall submit the report
by mail or other means in accordance with rules adopted by the Department of
Justice.
     (2)(a) An employer shall make the report
required by subsection (1) of this section with respect to an employee:
     (A) Not later than 20 days after the date
the employer hires or rehires the employee; or
     (B) In the case of an employer
transmitting reports magnetically or electronically, by transmissions each
month not less than 12 days nor more than 16 days apart.
     (b) An employer may submit a cumulative
report for all individuals hired or rehired during the previous reporting
period.
     (3) The report required under subsection
(1) of this section may be made on a W-4 form or, at the option of the
employer, an equivalent form approved by the Division of Child Support of the
Department of Justice, but must contain the employerÂ’s name, address and
federal tax identification number and the employeeÂ’s name, address and Social
Security number.
     (4) As used in this section:
     (a) “Employee” means an individual who
must file a federal withholding form W-4 under the Internal Revenue Code.
     (b) “Rehire” means to re-employ any
individual who was laid off, separated, furloughed, granted a leave without pay
or terminated from employment for more than 45 days. [1993 c.753 §1; 1995 c.381
§2; 1999 c.80 §18; 2003 c.73 §46]
     25.792
Confidentiality. Information
received under ORS 25.790 is confidential and exempt from public disclosure,
except that the Division of Child Support of the Department of Justice shall
provide information to other public agencies, upon request, as required by law.
[1993 c.753 §2; 1999 c.80 §19]
     25.794
Verification of employment; information about compensation and benefits; rules. (1) Upon the request of the administrator or
an equivalent agency providing child support services in another state, all
persons or entities in the state, including but not limited to for-profit,
nonprofit and government employers, shall verify the employment of individuals
and provide, in addition and if requested, information about compensation and
benefits paid to the individual whether as an employee or a contractor.
     (2) Upon request of an enforcing agency of
another state, only a court or enforcing agency of Oregon may enforce a request
for information made by the enforcing agency of the other state under this
section.
     (3) The Department of Justice shall adopt
rules to implement the provisions of this section. [1993 c.753 §3; 1999 c.80 §29;
2003 c.73 §47]
PENALTIES
     25.990
Penalties. (1) Violation of
ORS 25.720 (3) is a Class A violation.
     (2) Violation of ORS 25.260 is punishable,
upon conviction, by a fine of not more than $1,000 or by imprisonment in the
county jail for not more than 60 days, or by both.
     (3) Violation of ORS 25.785 (3) is a Class
A misdemeanor. [1985 c.671 §52(4); 1989 c.812 §3(2); 1999 c.1051 §147; 2003
c.610 §4]
_______________
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