2007 Oregon Code - Chapter 110 :: Chapter 110 - Uniform Interstate Family Support Act
Chapter 110 —
Uniform Interstate Family Support Act
2007 EDITION
UNIFORM INTERSTATE FAMILY SUPPORT ACT
DOMESTIC RELATIONS
GENERAL PROVISIONS
110.303Â Â Â Â Definitions
110.304Â Â Â Â Tribunal
of state
110.305Â Â Â Â Remedies
cumulative
JURISDICTION
110.318Â Â Â Â Bases
for jurisdiction over nonresident
110.321Â Â Â Â Procedure
when exercising jurisdiction over nonresident
110.324Â Â Â Â Simultaneous
proceedings in another state
110.327Â Â Â Â Continuing,
exclusive jurisdiction
110.330Â Â Â Â Initiating
and responding tribunal of this state; enforcement and modification of support
order by tribunal having continuing jurisdiction
110.333Â Â Â Â Recognition
of controlling child support order
110.336Â Â Â Â Multiple
child support orders for two or more obligees
110.339Â Â Â Â Credit
for payments
CIVIL PROVISIONS OF GENERAL APPLICATION
110.342Â Â Â Â Proceedings
under this chapter
110.345Â Â Â Â Action
by minor parent
110.348Â Â Â Â Application
of law of this state
110.349Â Â Â Â Duties
of initiating tribunal
110.351Â Â Â Â Duties
and powers of responding tribunal
110.357Â Â Â Â Inappropriate
tribunal
110.360Â Â Â Â Duties
of support enforcement agency
110.363Â Â Â Â Duty
of Attorney General
110.366Â Â Â Â Private
counsel
110.369Â Â Â Â Duties
of Attorney GeneralÂ’s office as state information agency
110.372Â Â Â Â Pleadings
and accompanying documents
110.375Â Â Â Â Nondisclosure
of information in exceptional circumstances
110.378Â Â Â Â Costs
and fees
110.379Â Â Â Â Limited
immunity of petitioner
110.381Â Â Â Â Nonparentage
as defense
110.384Â Â Â Â Special
rules of evidence and procedure
110.387Â Â Â Â Communication
between tribunals
110.390Â Â Â Â Assistance
with discovery
110.391Â Â Â Â Receipt
and disbursement of payments
ESTABLISHMENT OF SUPPORT ORDER
110.392Â Â Â Â Petition
to establish support order
ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT
REGISTRATION
110.394Â Â Â Â EmployerÂ’s
receipt of income-withholding order of another state
110.395Â Â Â Â EmployerÂ’s
compliance with income-withholding order of another state
110.397Â Â Â Â EmployerÂ’s
compliance with multiple income-withholding orders
110.398Â Â Â Â Immunity
from civil liability
110.400Â Â Â Â Penalties
for noncompliance
110.401Â Â Â Â Contest
by obligor
110.402Â Â Â Â Administrative
enforcement of order
ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
AFTER REGISTRATION
110.405Â Â Â Â Registration
of order for enforcement; procedure to register order for enforcement
110.408Â Â Â Â Effect
of registration for enforcement
110.411Â Â Â Â Choice
of law
110.414Â Â Â Â Notice
of registration of order
110.417Â Â Â Â Procedure
to contest validity or enforcement of registered order
110.420Â Â Â Â Contest
of registration or enforcement
110.423Â Â Â Â Confirmed
order
110.426Â Â Â Â Procedure
to register child support order of another state for modification
110.429Â Â Â Â Effect
of registration for modification
110.432Â Â Â Â Modification
of child support order of another state
110.435Â Â Â Â Recognition
of order modified in another state
110.436Â Â Â Â Jurisdiction
to modify child support order of another state when individual parties reside
in this state
110.437Â Â Â Â Notice
to issuing tribunal of modification
DETERMINATION OF PARENTAGE
110.438Â Â Â Â Proceeding
to determine parentage
INTERSTATE RENDITION
110.440Â Â Â Â Grounds
for rendition
110.443Â Â Â Â Conditions
of rendition
MISCELLANEOUS PROVISIONS
110.446Â Â Â Â Uniformity
of application and construction
110.449Â Â Â Â Short
title
110.452Â Â Â Â Severability
clause
     110.005 [1953 c.427 §27; 1979 c.484 §1; repealed by 1995 c.608 §46]
     110.006 [1953 c.427 §26; 1979 c.484 §2; repealed by
1995 c.608 §46]
     110.010 [Repealed by 1953 c.427 §29]
     110.011 [1953 c.427 §1; 1979 c.484 §3; repealed by
1995 c.608 §46]
     110.020 [Repealed by 1953 c.427 §29]
     110.021 [1953 c.427 §2; subsection (4) enacted as
part of subsection (3), subsection (10) enacted as part of subsection (9) by
1969 c.417 §1; 1973 c.280 §1; repealed by 1979 c.484 §4 (110.022 enacted in
lieu of 110.021)]
     110.022 [1979 c.484 §5 (enacted in lieu of 110.021);
1989 c.812 §9; repealed by 1995 c.608 §46]
     110.030 [Repealed by 1953 c.427 §29]
     110.031 [1953 c.427 §3; repealed by 1995 c.608 §46]
     110.040 [Repealed by 1953 c.427 §29]
     110.041 [1953 c.427 §4; repealed by 1995 c.608 §46]
     110.045 [1979 c.484 §42; repealed by 1995 c.608 §46]
     110.050 [Repealed by 1953 c.427 §29]
     110.051 [1953 c.427 §5; repealed by 1979 c.484 §6
(110.052 enacted in lieu of 110.051)]
     110.052 [1979 c.484 §7 (enacted in lieu of 110.051);
repealed by 1995 c.608 §46]
     110.060 [Repealed by 1953 c.427 §29]
     110.061 [1953 c.427 §6; repealed by 1979 c.484 §8
(110.062 enacted in lieu of 110.061)]
     110.062 [1979 c.484 §9 (enacted in lieu of 110.061);
repealed by 1995 c.608 §46]
     110.071 [1953 c.427 §7; 1979 c.484 §10; repealed by
1995 c.608 §46]
     110.081 [1953 c.427 §8; repealed by 1979 c.484 §11
(110.082 enacted in lieu of 110.081)]
     110.082 [1979 c.484 §12 (enacted in lieu of
110.081); repealed by 1995 c.608 §46]
     110.091 [1953 c.427 §9; repealed by 1979 c.484 §13
(110.092 enacted in lieu of 110.091)]
     110.092 [1979 c.484 §14 (enacted in lieu of 110.091);
1991 c.724 §23; repealed by 1995 c.608 §46]
     110.101 [1953 c.427 §10; repealed by 1979 c.484 §15
(110.102 enacted in lieu of 110.101)]
     110.102 [1979 c.484 §16 (enacted in lieu of
110.101); repealed by 1995 c.608 §46]
     110.110 [Repealed by 1953 c.427 §29]
     110.111 [1953 c.427 §11; repealed by 1975 c.458 §18]
     110.120 [Repealed by 1953 c.427 §29]
     110.121 [1953 c.427 §12; 1979 c.484 §17; repealed by
1995 c.608 §46]
     110.130 [Repealed by 1953 c.427 §29]
     110.131 [1953 c.427 §13; repealed by 1979 c.484 §18
(110.132 enacted in lieu of 110.131)]
     110.132 [1979 c.484 §19 (enacted in lieu of
110.131); repealed by 1995 c.608 §46]
     110.140 [Repealed by 1953 c.427 §29]
     110.141 [1953 c.427 §14; 1957 c.468 §1; 1959 c.587 §1;
repealed by 1969 c.417 §2 (110.142 enacted in lieu of 110.141)]
     110.142 [1969 c.417 §3 (enacted in lieu of 110.141);
repealed by 1995 c.608 §46]
     110.150 [Repealed by 1953 c.427 §29]
     110.151 [1953 c.427 §15; repealed by 1979 c.484 §20
(110.152 enacted in lieu of 110.151)]
     110.152 [1979 c.484 §21 (enacted in lieu of
110.151); repealed by 1995 c.608 §46]
     110.160 [Repealed by 1953 c.427 §29]
     110.161 [1953 c.427 §16; repealed by 1979 c.484 §22
(110.162 enacted in lieu of 110.161)]
     110.162 [1979 c.484 §23 (enacted in lieu of 110.161);
1995 c.79 §45; repealed by 1995 c.608 §46]
     110.165 [1979 c.484 §40; repealed by 1995 c.608 §46]
     110.170 [Repealed by 1953 c.427 §29]
     110.171 [1953 c.427 §14; 1957 c.468 §2; 1979 c.90 §4;
repealed by 1979 c.484 §24 (110.172 enacted in lieu of 110.171)]
     110.172 [1979 c.484 §25 (enacted in lieu of
110.171); 1993 c.596 §24; repealed by 1995 c.608 §46]
     110.174 [1983 c.692 §5; repealed by 1985 c.610 §17]
     110.175 [1975 c.628 §4; repealed by 1979 c.484 §47
(110.176 enacted in lieu of 110.175)]
     110.176 [1979 c.484 §48 (enacted in lieu of
110.175); repealed by 1995 c.608 §46]
     110.180 [Repealed by 1953 c.427 §29]
     110.181 [1953 c.427 §17; 1961 c.630 §1; repealed by
1979 c.484 §26 (110.182 enacted in lieu of 110.181)]
     110.182 [1979 c.484 §27 (enacted in lieu of
110.181); 1993 c.596 §25; repealed by 1995 c.608 §46]
     110.185 [1979 c.484 §41; 1993 c.596 §26; repealed by
1995 c.608 §46]
     110.190 [Repealed by 1953 c.427 §29]
     110.200 [Repealed by 1953 c.427 §29]
     110.201 [1953 c.427 §18; 1979 c.484 §28; 1989 c.812 §10;
repealed by 1995 c.608 §46]
     110.210 [Repealed by 1953 c.427 §29]
     110.211 [1953 c.427 §19; repealed by 1979 c.484 §29
(110.212 enacted in lieu of 110.211)]
     110.212 [1979 c.484 §30 (enacted in lieu of
110.211); repealed by 1995 c.608 §46]
     110.220 [Repealed by 1953 c.427 §29]
     110.221 [1953 c.427 §20; repealed by 1979 c.484 §31
(110.222 enacted in lieu of 110.221)]
     110.222 [1979 c.484 §32 (enacted in lieu of
110.221); repealed by 1995 c.608 §46]
     110.226 [1961 c.630 §3; 1993 c.596 §27; repealed by
1995 c.608 §46]
     110.230 [Repealed by 1953 c.427 §29]
     110.231 [1953 c.427 §21; repealed by 1979 c.484 §33
(110.232 enacted in lieu of 110.231)]
     110.232 [1979 c.484 §34 (enacted in lieu of
110.231); 1993 c.596 §28; repealed by 1995 c.608 §46]
     110.240 [Repealed by 1953 c.427 §29]
     110.241 [1953 c.427 §22; repealed by 1979 c.484 §35
(110.242 enacted in lieu of 110.241)]
     110.242 [1979 c.484 §36 (enacted in lieu of
110.241); repealed by 1995 c.608 §46]
     110.250 [Repealed by 1953 c.427 §29]
     110.251 [1953 c.427 §23; repealed by 1995 c.608 §46]
     110.260 [Repealed by 1953 c.427 §29]
     110.270 [Repealed by 1953 c.427 §29]
     110.271 [1953 c.427 §24; repealed by 1979 c.484 §37
(110.272 enacted in lieu of 110.271)]
     110.272 [1979 c.484 §38 (enacted in lieu of
110.271); repealed by 1995 c.608 §46]
     110.275 [1979 c.484 §43; repealed by 1995 c.608 §46]
     110.277 [1979 c.484 §§44,45; 1991 c.111 §9; 1993
c.18 §22; repealed by 1995 c.608 §46]
     110.281 [1979 c.484 §46; 1993 c.596 §29; repealed by
1995 c.608 §46]
     110.291 [1953 c.427 §25; repealed by 1995 c.608 §46]
     110.300 [1993 c.449 §51; renumbered 110.449 in 1999]
     110.301 [1993 c.449 §50; renumbered 110.446 in 1999]
GENERAL
PROVISIONS
     110.303
Definitions. As used in this
chapter:
     (1) “Child” means an individual, whether
over or under the age of majority, who is or is alleged to be owed a duty of
support by the individualÂ’s parent or who is or is alleged to be the
beneficiary of a support order directed to the parent.
     (2) “Child support order” means a support
order for a child, including a child who has attained the age of majority under
the law of the issuing state.
     (3) “Duty of support” means an obligation
imposed or imposable by law to provide support for a child, spouse or former
spouse, including an unsatisfied obligation to provide support.
     (4) “Home state” means the state in which
a child lived with a parent or a person acting as a parent for at least six
consecutive months immediately preceding the time of filing of a petition or
comparable pleading for support and, if a child is less than six months old,
the state in which the child lived from birth with a parent or a person acting
as a parent. A period of temporary absence is counted as part of the six-month
or other period.
     (5) “Income” includes earnings or other
periodic entitlements to moneys from any source and any other property subject
to withholding for support under the laws of this state.
     (6) “Income-withholding order” means an
order or other legal process directed to an obligorÂ’s employer or other third
party in possession of a monetary obligation owed to an obligor, as defined by
the income-withholding law of this state, to withhold support from the income
of the obligor.
     (7) “Initiating state” means a state from
which a proceeding is forwarded or in which a proceeding is filed for
forwarding to a responding state under this chapter or a law or procedure
substantially similar to this chapter, or under a law or procedure
substantially similar to the Uniform Reciprocal Enforcement of Support Act or
the Revised Uniform Reciprocal Enforcement of Support Act.
     (8) “Initiating tribunal” means the
authorized tribunal in an initiating state.
     (9) “Issuing state” means the state in
which a tribunal issues a support order or renders a judgment determining
parentage.
     (10) “Issuing tribunal” means the tribunal
that issues a support order or renders a judgment determining parentage.
     (11) “Law” includes decisional and
statutory law and rules and regulations having the force of law.
     (12) “Obligee” means:
     (a) An individual to whom a duty of
support is or is alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered;
     (b) A state or political subdivision:
     (A) To which the rights under a duty of
support or support order have been assigned;
     (B) That has independent claims based on
financial assistance provided to an individual obligee; or
     (C) That has independent claims based on
the care or custody of a child; or
     (c) An individual seeking a judgment
determining parentage of the individualÂ’s child.
     (13) “Obligor” means an individual or the
estate of a decedent:
     (a) Who owes or is alleged to owe a duty
of support;
     (b) Who is alleged but has not been
adjudicated to be a parent of a child; or
     (c) Who is liable under a support order.
     (14) “Register” means to record or file a
support order or judgment determining parentage in the appropriate location for
the recording or filing of foreign judgments generally or foreign support
orders specifically.
     (15) “Registering tribunal” means a
tribunal in which a support order is registered. The registering tribunal of
this state is the circuit court.
     (16) “Responding state” means a state in
which a proceeding is filed or to which a proceeding is forwarded for filing
from an initiating state under this chapter or a law substantially similar to
this chapter, or under a law or procedure substantially similar to the Uniform
Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal
Enforcement of Support Act.
     (17) “Responding tribunal” means the
authorized tribunal in a responding state.
     (18) “Spousal support order” means a
support order for a spouse or former spouse of the obligor.
     (19) “State” means a state of the
     (a) An Indian tribe; and
     (b) A foreign jurisdiction that has
enacted a law or established procedures for issuance and enforcement of support
orders that are substantially similar to the procedures under this chapter, the
Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal
Enforcement of Support Act.
     (20) “Support enforcement agency” means
the Administrator of the Division of Child Support of the Department of Justice
or a district attorney authorized to:
     (a) Seek enforcement of support orders or
laws relating to the duty of support;
     (b) Seek establishment or modification of
child support;
     (c) Seek determination of parentage; or
     (d) Locate obligors or their assets.
     (21) “Support order” means a judgment,
decree or order, whether temporary, final or subject to modification, for the
benefit of a child, a spouse or a former spouse, which provides for monetary
support, health care, arrearages or reimbursement, and may include related
costs and fees, interest, income withholding, attorney fees and other relief.
     (22) “Tribunal” means a court,
administrative agency or quasi-judicial entity authorized to establish, enforce
or modify support orders or to determine parentage. [1993 c.449 §1; 1999 c.80 §45;
1999 c.680 §1; 1999 c.735 §16; 2003 c.73 §57; 2005 c.560 §8]
     110.304
Tribunal of state. The
tribunals of this state are the circuit court, the administrator, as defined in
ORS 25.010, the Department of Justice or an administrative law judge of the
Employment Department, as appropriate. [Formerly 110.315; 2001 c.455 §20; 2003
c.75 §85]
     110.305
Remedies cumulative.
Remedies provided by this chapter are cumulative and do not affect the
availability of remedies under other law. [1993 c.449 §3]
     110.308 [1993 c.449 §26; renumbered 110.379 in 1999]
     110.310 [1993 c.449 §48; 1999 c.80 §63; renumbered
110.440 in 1999]
     110.313 [1993 c.449 §49; renumbered 110.443 in 1999]
     110.315 [1993 c.449 §2; 1997 c.704 §42; renumbered
110.304 in 1999]
JURISDICTION
     110.318
Bases for jurisdiction over nonresident. In a proceeding to establish, enforce or modify a support order or to
determine parentage, a tribunal of this state may exercise personal
jurisdiction over a nonresident individual if:
     (1) The individual is personally served
with notice within this state;
     (2) The individual submits to the
jurisdiction of this state by consent, by entering a general appearance or by
filing a responsive document having the effect of waiving any contest to
personal jurisdiction;
     (3) The individual resided with the child
in this state;
     (4) The individual resided in this state
and provided prenatal expenses or support for the child;
     (5) The child resides in this state as a
result of the acts or directives of the individual;
     (6) The individual engaged in sexual
intercourse in this state and the child may have been conceived by that act of
intercourse;
     (7) The individual asserted parentage in
the registry maintained in this state by the Center for Health Statistics of
the Department of Human Services by filing a voluntary acknowledgment of
paternity under ORS 109.070; or
     (8) There is any other basis consistent
with the Constitutions of the State of
     110.321
Procedure when exercising jurisdiction over nonresident. A tribunal of this state exercising personal
jurisdiction over a nonresident under ORS 110.318 may apply ORS 110.384 to
receive evidence from another state, and ORS 110.390 to obtain discovery
through a tribunal of another state. In all other respects, ORS 110.342 to
110.438 do not apply and the tribunal shall apply the procedural and
substantive law of this state, including the rules on choice of law other than
those established by this chapter. [1993 c.449 §5; 1999 c.80 §48]
     110.324
Simultaneous proceedings in another state. (1) A tribunal of this state may exercise jurisdiction to establish a
support order if the petition or comparable pleading is filed after a petition
or comparable pleading is filed in another state only if:
     (a) The petition or comparable pleading in
this state is filed before the expiration of the time allowed in the other
state for filing a responsive pleading challenging the exercise of jurisdiction
by the other state;
     (b) The contesting party timely challenges
the exercise of jurisdiction in the other state; and
     (c) If relevant, this state is the home
state of the child.
     (2) A tribunal of this state may not
exercise jurisdiction to establish a support order if the petition or
comparable pleading is filed before a petition or comparable pleading is filed
in another state if:
     (a) The petition or comparable pleading in
the other state is filed before the expiration of the time allowed in this
state for filing a responsive pleading challenging the exercise of jurisdiction
by this state;
     (b) The contesting party timely challenges
the exercise of jurisdiction in this state; and
     (c) If relevant, the other state is the
home state of the child. [1993 c.449 §7; 1995 c.608 §16]
     110.327
Continuing, exclusive jurisdiction. (1) A tribunal of this state issuing a support order consistent with
the laws of this state has continuing, exclusive jurisdiction over a child
support order:
     (a) As long as this state remains the
residence of the obligor, the individual obligee or the child for whose benefit
the support order is issued; or
     (b) Until all of the parties who are
individuals have filed written consents with the tribunal of this state for a
tribunal of another state to modify the order and assume continuing, exclusive
jurisdiction.
     (2) A tribunal of this state issuing a
child support order consistent with the laws of this state may not exercise its
continuing, exclusive jurisdiction to modify the order if the order has been
modified by a tribunal of another state pursuant to this chapter or a law
substantially similar to this chapter.
     (3) If a child support order of this state
is modified by a tribunal of another state pursuant to this chapter or a law
substantially similar to this chapter, a tribunal of this state loses its continuing,
exclusive jurisdiction with regard to prospective enforcement of the order
issued in this state and may only:
     (a) Enforce the order that was modified as
to amounts accruing before the modification;
     (b) Enforce nonmodifiable aspects of that
order; and
     (c) Provide other appropriate relief for
violations of that order that occurred before the effective date of the
modification.
     (4) A tribunal of this state shall
recognize the continuing, exclusive jurisdiction of a tribunal of another state
that has issued a child support order pursuant to this chapter or a law
substantially similar to this chapter.
     (5) A temporary support order issued ex
parte or pending resolution of a jurisdictional conflict does not create
continuing, exclusive jurisdiction in the issuing tribunal.
     (6) A tribunal of this state issuing a
support order consistent with the laws of this state has continuing, exclusive
jurisdiction over a spousal support order throughout the existence of the
support obligation. A tribunal of this state may not modify a spousal support
order issued by a tribunal of another state having continuing, exclusive
jurisdiction over that order under the law of that state. [1993 c.449 §8; 1999
c.80 §49]
     110.328 [1995 c.608 §13; repealed by 1999 c.80 §95]
     110.330
Initiating and responding tribunal of this state; enforcement and modification
of support order by tribunal having continuing jurisdiction. (1) Under this chapter, a tribunal of this
state may serve as an initiating tribunal to forward proceedings to another
state and as a responding tribunal for proceedings initiated in another state.
     (2) A tribunal of this state may serve as
an initiating tribunal to request a tribunal of another state to enforce or
modify a support order issued in that state.
     (3) A tribunal of this state having
continuing, exclusive jurisdiction over a support order may act as a responding
tribunal to enforce or modify the order. If a party subject to the continuing,
exclusive jurisdiction of the tribunal no longer resides in the issuing state,
in subsequent proceedings the tribunal may apply ORS 110.384 to receive
evidence from another state and ORS 110.390 to obtain discovery through a
tribunal of another state.
     (4) A tribunal of this state which lacks
continuing, exclusive jurisdiction over a spousal support order may not serve
as a responding tribunal to modify a spousal support order of another state. [1993
c.449 §§6,9]
     110.333
Recognition of controlling child support order. (1) If a proceeding is brought under this
chapter and only one tribunal has issued a child support order, the order of
that tribunal controls and must be so recognized.
     (2) If a proceeding is brought under this
chapter, and two or more child support orders have been issued by tribunals of
this state or another state with regard to the same obligor and child, a
tribunal of this state shall apply the following rules in determining which
order to recognize for purposes of continuing, exclusive jurisdiction:
     (a) If only one of the tribunals would
have continuing, exclusive jurisdiction under this chapter, the order of that
tribunal controls and must be so recognized.
     (b) If more than one of the tribunals
would have continuing, exclusive jurisdiction under this chapter, an order
issued by a tribunal in the current home state of the child controls and must
be so recognized, but if an order has not been issued in the current home state
of the child, the order most recently issued controls and must be so
recognized.
     (c) If none of the tribunals would have
continuing, exclusive jurisdiction under this chapter, the tribunal of this
state having jurisdiction over the parties shall issue a child support order,
which controls and must be so recognized.
     (3) If two or more child support orders
have been issued for the same obligor and child and if the obligor or the
individual obligee resides in this state, a party may request a tribunal of
this state to determine which order controls and must be recognized under
subsection (2) of this section. The request must be accompanied by a certified
copy of every support order in effect. Each requesting party shall give notice
of the request to each party whose rights may be affected by the determination.
     (4) The tribunal that issued the
controlling order under subsection (1), (2) or (3) of this section is the
tribunal that has continuing, exclusive jurisdiction under ORS 110.327.
     (5) A tribunal of this state that
determines by order the identity of the controlling child support order under
subsection (2)(a) or (b) of this section or that issues a new controlling child
support order under subsection (2)(c) of this section shall state in that order
the basis upon which the tribunal made its determination.
     (6) Within 30 days after issuance of the
order determining the identity of the controlling order, the party obtaining
the order shall file a certified copy of it with each tribunal that had issued
or registered an earlier order of child support. A party who obtains the order
and fails to file a certified copy is subject to appropriate sanctions by a
tribunal in which the issue of failure to file arises. The failure to file does
not affect the validity or enforceability of the controlling order. [1993 c.449
§10; 1999 c.80 §50]
     110.336
Multiple child support orders for two or more obligees. In responding to multiple registrations or
petitions for enforcement of two or more child support orders in effect at the
same time with regard to the same obligor and different individual obligees, at
least one of which was issued by a tribunal of another state, a tribunal of
this state shall enforce those orders in the same manner as if the multiple
orders had been issued by a tribunal of this state. [1993 c.449 §11]
     110.339
Credit for payments. Amounts
collected and credited for a particular period pursuant to a support order
issued by a tribunal of another state must be credited against the amounts
accruing or accrued for the same period under a support order issued by the
tribunal of this state. [1993 c.449 §12]
CIVIL
PROVISIONS OF GENERAL APPLICATION
     110.342
Proceedings under this chapter.
(1) Except as otherwise provided in this chapter, this section applies to all
proceedings under this chapter.
     (2) This chapter provides for the
following proceedings:
     (a) Establishment of an order for spousal
support or child support pursuant to ORS 110.392;
     (b) Enforcement of a support order and
income-withholding order of another state without registration pursuant to ORS
110.394 to 110.402;
     (c) Registration of an order for spousal
support or child support of another state for enforcement pursuant to ORS
110.405 to 110.437;
     (d) Modification of an order for child
support or spousal support issued by a tribunal of this state pursuant to ORS
110.324, 110.327 and 110.330;
     (e) Registration of an order for child
support of another state for modification pursuant to ORS 110.405 to 110.437;
     (f) Determination of parentage pursuant to
ORS 110.438; and
     (g) Assertion of jurisdiction over
nonresidents pursuant to ORS 110.318 and 110.321.
     (3) An individual petitioner or a support
enforcement agency may commence a proceeding authorized under this chapter by
filing a petition in an initiating tribunal for forwarding to a responding
tribunal or by filing a petition or a comparable pleading directly in a tribunal
of another state that has or can obtain personal jurisdiction over the
respondent. [1993 c.449 §13; 1999 c.80 §51]
     110.345
Action by minor parent. A
minor parent, or a guardian or other legal representative of a minor parent,
may maintain a proceeding on behalf of or for the benefit of the minorÂ’s child.
[1993 c.449 §14]
     110.348
Application of law of this state. Except as otherwise provided in this chapter, a responding tribunal of
this state:
     (1) Shall apply the procedural and
substantive law, including the rules on choice of law, generally applicable to
similar proceedings originating in this state and may exercise all powers and
provide all remedies available in those proceedings; and
     (2) Shall determine the duty of support
and the amount payable in accordance with the law and support guidelines of
this state. [1993 c.449 §15]
     110.349
Duties of initiating tribunal.
(1) Upon the filing of a petition authorized by this chapter, an initiating
tribunal of this state shall forward three copies of the petition and its
accompanying documents:
     (a) To the responding tribunal or
appropriate support enforcement agency in the responding state; or
     (b) If the identity of the responding
tribunal is unknown, to the state information agency of the responding state
with a request that the petition and documents be forwarded to the appropriate
tribunal and that receipt be acknowledged.
     (2) If a responding state has not enacted
the Uniform Interstate Family Support Act or a law or procedure substantially
similar to the Uniform Interstate Family Support Act, a tribunal of this state
may issue a certificate or other documents and make findings required by the
law of the responding state. If the responding state is a foreign jurisdiction,
the tribunal may specify the amount of support sought and provide other
documents necessary to satisfy the requirements of the responding state. [Formerly
110.354]
     110.351
Duties and powers of responding tribunal. (1) When a responding tribunal of this state receives a petition or comparable
pleading from an initiating tribunal or directly pursuant to ORS 110.342 (3),
the responding tribunal shall cause the petition or pleading to be filed and
notify the petitioner by first-class mail, electronic mail or facsimile, where
and when it was filed.
     (2) A responding tribunal of this state,
to the extent otherwise authorized by law, may do one or more of the following:
     (a) Issue or enforce a support order,
modify a child support order or render a judgment to determine parentage;
     (b) Order an obligor to comply with a
support order, specifying the amount and the manner of compliance;
     (c) Order income withholding;
     (d) Determine the amount of any
arrearages, and specify a method of payment;
     (e) Enforce orders by civil or criminal
contempt, or both;
     (f) Set aside property for satisfaction of
the support order;
     (g) Place liens and order execution on an
obligorÂ’s property;
     (h) Order an obligor to keep the tribunal
informed of the obligorÂ’s current residential address, telephone number, employer,
address of employment and telephone number at the place of employment;
     (i) Issue a warrant for an obligor who has
failed after proper notice to appear at a hearing ordered by the tribunal and
enter the warrant in any local and state computer system for criminal warrants;
     (j) Order the obligor to seek appropriate
employment by specified methods;
     (k) Award reasonable attorney fees and
other fees and costs; and
     (L) Grant any other available remedy.
     (3) A responding tribunal of this state
shall include in a support order issued under this chapter, or in the documents
accompanying the order, the calculations on which the support order is based.
     (4) A responding tribunal of this state
may not condition the payment of a support order issued under this chapter upon
compliance by a party with provisions for parenting time.
     (5) If a responding tribunal of this state
issues an order under this chapter, the tribunal shall send a copy of the order
by first-class mail to the petitioner and the respondent and to the initiating
tribunal, if any. [1993 c.449 §17; 1997 c.707 §26; 1999 c.80 §53]
     110.354 [1993 c.449 §16; 1999 c.80 §52; renumbered
110.349 in 1999]
     110.357
Inappropriate tribunal. If a
petition or comparable pleading is received by an inappropriate tribunal of
this state, it shall forward the pleading and accompanying documents to an
appropriate tribunal in this state or another state and notify the petitioner
by first-class mail where and when the pleading was sent. [1993 c.449 §18]
     110.360
Duties of support enforcement agency. (1) A support enforcement agency of this state, upon request, shall
provide services to a petitioner in a proceeding under this chapter.
     (2) A support enforcement agency that is
providing services to the petitioner as appropriate shall:
     (a) Take all steps necessary to enable an
appropriate tribunal in this state or another state to obtain jurisdiction over
the respondent;
     (b) Request an appropriate tribunal to set
a date, time and place for a hearing;
     (c) Make a reasonable effort to obtain all
relevant information, including information as to income and property of the
parties;
     (d) Within seven days, exclusive of
Saturdays, Sundays and legal holidays, after receipt of a written notice from
an initiating, responding or registering tribunal, send a copy of the notice by
first-class mail to the petitioner;
     (e) Within seven days, exclusive of
Saturdays, Sundays and legal holidays, after receipt of a written communication
from the respondent or the respondentÂ’s attorney, send a copy of the
communication by first-class mail to the petitioner; and
     (f) Notify the petitioner if jurisdiction
over the respondent cannot be obtained.
     (3) This chapter does not create or negate
a relationship of attorney and client or other fiduciary relationship between a
support enforcement agency or the attorney for the agency and the individual
being assisted by the agency. [1993 c.449 §19]
     110.363
Duty of Attorney General. If
the Attorney General determines that the support enforcement agency is neglecting
or refusing to provide services to an individual, the Attorney General may
order the agency to perform its duties under this chapter or may provide those
services directly to the individual. [1993 c.449 §20]
     110.366
Private counsel. An
individual may employ private counsel to represent the individual in
proceedings under this chapter. [1993 c.449 §21; 1999 c.80 §54]
     110.369
Duties of Attorney GeneralÂ’s office as state information agency. (1) The Attorney GeneralÂ’s office is the
state information agency under this chapter.
     (2) The state information agency shall:
     (a) Compile and maintain a current list,
including addresses, of the tribunals in this state which have jurisdiction
under this chapter and any support enforcement agencies in this state and
transmit a copy to the state information agency of every other state;
     (b) Maintain a register of tribunals and
support enforcement agencies received from other states;
     (c) Forward to the appropriate tribunal in
the place in this state in which the individual obligee or the obligor resides,
or in which the obligorÂ’s property is believed to be located, all documents
concerning a proceeding under this chapter received from an initiating tribunal
or the state information agency of the initiating state; and
     (d) Obtain information concerning the
location of the obligor and the obligorÂ’s property within this state not exempt
from execution, by such means as postal verification and federal or state
locator services, examination of telephone directories, requests for the
obligorÂ’s address from employers and examination of governmental records,
including, to the extent not prohibited by other law, those relating to real
property, vital statistics, law enforcement, taxation, motor vehicles, driver
licenses and Social Security. [1993 c.449 §22]
     110.372
Pleadings and accompanying documents. (1) A petitioner seeking to establish or modify a support order or to
determine parentage in a proceeding under this chapter may verify the petition.
Unless otherwise ordered under ORS 110.375, the petition or accompanying
documents must provide, so far as known, the names, residential addresses and
Social Security numbers of the obligor and the obligee, and the name, sex,
residential address, Social Security number and date of birth of each child for
whom support is sought. The petition must be accompanied by a copy of any
support order in effect. The petition may include any other information that
may assist in locating or identifying the respondent.
     (2) The petition must specify the relief
sought. The petition and accompanying documents must conform substantially with
the requirements imposed by the forms mandated by federal law for use in cases
filed by a support enforcement agency. [1993 c.449 §23; 1999 c.80 §55]
     110.375
Nondisclosure of information in exceptional circumstances. Upon a finding, which may be made ex parte,
that the health, safety or liberty of a party or child would be unreasonably
put at risk by the disclosure of identifying information, or if any existing
order so provides, a tribunal shall order that the address of the child or
party or other identifying information not be disclosed in a pleading or other
document filed in a proceeding under this chapter. [1993 c.449 §24]
     110.378
Costs and fees. (1) The
petitioner may not be required to pay a filing fee or other costs.
     (2) If an obligee prevails, a responding
tribunal may assess against an obligor filing fees, reasonable attorney fees,
other costs and necessary travel and other reasonable expenses incurred by the
obligee and the obligeeÂ’s witnesses. The tribunal may not assess fees, costs or
expenses against the obligee or the support enforcement agency of either the
initiating or the responding state, except as provided by other law. Attorney
fees may be taxed as costs, and may be ordered paid directly to the attorney,
who may enforce the order in the attorneyÂ’s own name. Payment of support owed
to the obligee has priority over fees, costs and expenses.
     (3) The tribunal shall order the payment
of costs and reasonable attorney fees if it determines that a hearing was
requested primarily for delay. In a proceeding under ORS 110.432, 110.435,
110.436 and 110.437, a hearing is presumed to have been requested primarily for
delay if a registered support order is confirmed or enforced without change. [1993
c.449 §25; 1999 c.80 §56]
     110.379
Limited immunity of petitioner.
(1) Participation by a petitioner in a proceeding before a responding tribunal,
whether in person, by private attorney or through services provided by the
support enforcement agency, does not confer personal jurisdiction over the
petitioner in another proceeding.
     (2) A petitioner is not amenable to
service of civil process while physically present in this state to participate
in a proceeding under this chapter.
     (3) The immunity granted by this section
does not extend to civil litigation based on acts unrelated to a proceeding
under this chapter committed by a party while present in this state to
participate in the proceeding. [Formerly 110.308]
     110.381
Nonparentage as defense. A
party whose parentage of a child has been previously determined by or pursuant
to law may not plead nonparentage as a defense to a proceeding under this
chapter. [1993 c.449 §27]
     110.384
Special rules of evidence and procedure. (1) The physical presence of the petitioner in a responding tribunal
of this state is not required for the establishment, enforcement or
modification of a support order or the rendition of a judgment determining
parentage.
     (2) A verified petition, affidavit,
document substantially complying with federally mandated forms and a document
incorporated by reference in any of them, not excluded under the hearsay rule
if given in person, are admissible in evidence if given under oath by a party
or witness residing in another state.
     (3) A copy of the record of child support
payments certified as a true copy of the original by the custodian of the
record may be forwarded to a responding tribunal. The copy is evidence of facts
asserted in it, and is admissible to show whether payments were made.
     (4) Copies of bills for testing for
parentage and for prenatal and postnatal health care of the mother and child
furnished to the adverse party at least 20 days before trial are admissible in
evidence to prove the amount of the charges billed and that the charges were
reasonable, necessary and customary.
     (5) Documentary evidence transmitted from
another state to a tribunal of this state by telephone, telecopier or other
means that does not provide an original writing may not be excluded from
evidence on an objection based on the means of transmission.
     (6) In a proceeding under this chapter, a
tribunal of this state may permit a party or witness residing in another state
to be deposed or to testify by telephone, audiovisual means or other electronic
means at a designated tribunal or other location in that state. A tribunal of
this state shall cooperate with tribunals of other states in designating an
appropriate location for the deposition or testimony.
     (7) A privilege against disclosure of
communications between spouses does not apply in a proceeding under this
chapter.
     (8) The defense of immunity based on the
relationship of husband and wife or parent and child does not apply in a
proceeding under this chapter. [1993 c.449 §28]
     110.387
Communication between tribunals. A tribunal of this state may communicate with a tribunal of another
state in writing, by telephone or other means to obtain information concerning
the laws of that state, the legal effect of a judgment, decree or order of that
tribunal and the status of a proceeding in the other state. A tribunal of this
state may furnish similar information by similar means to a tribunal of another
state. [1993 c.449 §29]
     110.390
Assistance with discovery. A
tribunal of this state may:
     (1) Request a tribunal of another state to
assist in obtaining discovery; and
     (2) Upon request, compel a person over
whom the tribunal has jurisdiction to respond to a discovery order issued by a
tribunal of another state. [1993 c.449 §30]
     110.391
Receipt and disbursement of payments. A support enforcement agency or tribunal of this state shall disburse
promptly any amounts received pursuant to a support order, as directed by the
order. The agency or tribunal shall furnish to a requesting party or tribunal
of another state a certified statement by the custodian of the record of the
amounts and dates of all payments received. [Formerly 110.393]
ESTABLISHMENT
OF SUPPORT ORDER
     110.392
Petition to establish support order. (1) If a support order entitled to recognition under this chapter has
not been issued, a responding tribunal of this state may issue a support order
if:
     (a) The individual seeking the order
resides in another state; or
     (b) The support enforcement agency seeking
the order is located in another state.
     (2) The tribunal may issue a temporary
child support order if:
     (a) The respondent has signed a verified
statement acknowledging parentage;
     (b) The respondent has been determined by
or pursuant to law to be the parent; or
     (c) There is other clear and convincing
evidence that the respondent is the childÂ’s parent.
     (3) Upon finding, after notice and
opportunity to be heard, that an obligor owes a duty of support, the tribunal
shall issue a support order directed to the obligor and may issue other orders
pursuant to ORS 110.351. [Formerly 110.396]
     110.393 [1993 c.449 §31; renumbered 110.391 in 1999]
ENFORCEMENT
OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION
     110.394
EmployerÂ’s receipt of income-withholding order of another state. An income-withholding order issued in
another state may be sent by first-class mail to the person or entity defined
as the obligorÂ’s employer under the income-withholding law of this state
without first filing a petition or comparable pleading or registering the order
with a tribunal of this state. [Formerly 110.399]
     110.395
EmployerÂ’s compliance with income-withholding order of another state. (1) Upon receipt of the order described in
ORS 110.394, the obligorÂ’s employer shall immediately provide a copy of the
order to the obligor.
     (2) The employer shall treat an
income-withholding order issued in another state that appears regular on its
face as if it had been issued by a tribunal of this state.
     (3) Except as provided by subsection (4) of
this section and ORS 110.397, the employer shall withhold and distribute the
funds as directed in the withholding order by complying with the terms of the
order that specify:
     (a) The duration and the amount of
periodic payments of current child support, stated as a sum certain;
     (b) The person or agency designated to
receive payments and the address to which the payments are to be forwarded;
     (c) Medical support, whether in the form
of periodic cash payment, stated as a sum certain, or ordering the obligor to
provide health insurance coverage for the child under a policy available
through the obligorÂ’s employment;
     (d) The amount of periodic payments of
fees and costs for a support enforcement agency, the issuing tribunal and the
obligeeÂ’s attorney, stated as sums certain; and
     (e) The amount of periodic payments of
arrearages and interest on arrearages, stated as sums certain.
     (4) An employer shall comply with the law
of the state of the obligorÂ’s principal place of employment for withholding
from income with respect to:
     (a) The employer’s fee for processing an
income-withholding order.
     (b) The maximum amount permitted to be
withheld from the obligorÂ’s income.
     (c) The times within which the employer
must implement the withholding order and forward the child support payment. [1997
c.746 §89; 1999 c.80 §89]
     110.396 [1993 c.449 §32; renumbered 110.392 in 1999]
     110.397
EmployerÂ’s compliance with multiple income-withholding orders. If an obligorÂ’s employer receives multiple
income-withholding orders with respect to the earnings of the same obligor, the
employer satisfies the terms of the multiple orders if the employer complies
with the law of the state of the obligorÂ’s principal place of employment to
establish the priorities for withholding and allocating income withheld for
multiple child support obligees. [1997 c.746 §90]
     110.398
Immunity from civil liability.
An employer who complies with an income-withholding order issued in another
state in accordance with ORS 110.394 to 110.402 is not subject to civil
liability to an individual or agency with regard to the employerÂ’s withholding
of child support from the obligor’s income. [1997 c.746 §91; 1999 c.80 §90]
     110.399 [1993 c.449 §33; 1995 c.608 §17; 1999 c.80 §57;
renumbered 110.394 in 1999]
     110.400
Penalties for noncompliance.
An employer who willfully fails to comply with an income-withholding order
issued by another state and received for enforcement is subject to the same
penalties that may be imposed for noncompliance with an order issued by a tribunal
of this state. [1997 c.746 §92]
     110.401
Contest by obligor. (1) An
obligor may contest the validity or enforcement of an income-withholding order
issued in another state and received directly by an employer in this state in
the same manner as if the order had been issued by a tribunal of this state.
ORS 110.411 applies to a contest under this section.
     (2) The obligor shall give notice of the
contest to:
     (a) A support enforcement agency providing
services to the obligee;
     (b) Each employer that has directly
received an income-withholding order; and
     (c) The person or agency designated to
receive payments in the income-withholding order or, if no person or agency is
designated, to the obligee. [1997 c.746 §93; 1999 c.80 §91]
     110.402
Administrative enforcement of order. (1) A party seeking to enforce a support order or an
income-withholding order, or both, issued by a tribunal of another state may
send the documents required for registering the order to a support enforcement
agency of this state.
     (2) Upon receipt of the documents, the
support enforcement agency, without initially seeking to register the order,
shall consider and, if appropriate, use any administrative procedure authorized
by the laws of this state to enforce a support order or an income-withholding
order, or both. If the obligor does not contest administrative enforcement, the
order need not be registered. If the obligor contests the validity or
administrative enforcement of the order, the support enforcement agency shall
register the order pursuant to this chapter. [1993 c.449 §34]
ENFORCEMENT
AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION
     110.405
Registration of order for enforcement; procedure to register order for
enforcement. (1) A support
order or an income-withholding order issued by a tribunal of another state may
be registered in this state for enforcement.
     (2) A support order or income-withholding
order of another state may be registered in this state by sending the following
documents and information to the Division of Child Support of the Department of
Justice to forward to the registering tribunal as directed in ORS 110.369:
     (a) A letter of transmittal to the
tribunal requesting registration and enforcement;
     (b) Two copies of all orders to be
registered, including any modification of an order;
     (c) A sworn statement by the party seeking
registration or a certified statement by the custodian of the records showing
the amount of any arrearage;
     (d) The name of the obligor and, if known:
     (A) The obligor’s address and Social
Security number;
     (B) The name and address of the obligor’s
employer and any other source of income of the obligor; and
     (C) A description and the location of
property of the obligor in this state not exempt from execution; and
     (e) The name and address of the obligee
and, if applicable, the agency or person to whom support payments are to be
remitted.
     (3) On receipt of a request for
registration, the registering tribunal shall cause the order to be filed as a
foreign judgment, together with one copy of the documents and information,
regardless of their form.
     (4) A petition or comparable pleading
seeking a remedy that must be affirmatively sought under other laws of this
state may be filed at the same time as the request for registration or later.
The pleading must specify the grounds for the remedy sought. [1993 c.449 §§35,36;
1999 c.80 §58; 1999 c.680 §2]
     110.408
Effect of registration for enforcement. (1) A support order or income-withholding order issued in another
state is registered when the order is filed in the registering tribunal of this
state.
     (2) A registered order issued in another
state is enforceable in the same manner and is subject to the same procedures
as an order issued by a tribunal of this state.
     (3) Except as otherwise provided in ORS
110.405 to 110.437, a tribunal of this state shall recognize and enforce, but
may not modify, a registered order if the issuing tribunal had jurisdiction. [1993
c.449 §37; 1999 c.80 §59]
     110.411
Choice of law. (1) The law
of the issuing state governs the nature, extent, amount and duration of current
payments and other obligations of support and the payment of arrearages under
the order.
     (2) In a proceeding for arrearages, the
statute of limitation under the laws of this state or of the issuing state,
whichever is longer, applies. [1993 c.449 §38]
     110.414
Notice of registration of order. (1) When a support order or income-withholding order issued in another
state is registered, the registering tribunal shall notify the nonregistering
party. Notice must be given by first-class, certified or registered mail or by
any means of personal service authorized by the law of this state. The notice
must be accompanied by a copy of the registered order and the documents and
relevant information accompanying the order.
     (2) The notice must inform the
nonregistering party:
     (a) That a registered order is enforceable
as of the date of registration in the same manner as an order issued by a
tribunal of this state;
     (b) That a hearing to contest the validity
or enforcement of the registered order must be requested within 20 days after
the date of mailing or personal service of the notice;
     (c) That failure to contest the validity
or enforcement of the registered order in a timely manner will result in confirmation
of the order and enforcement of the order and the alleged arrearages and
precludes further contest of that order with respect to any matter that could
have been asserted; and
     (d) Of the amount of any alleged
arrearages.
     (3) Upon registration of an
income-withholding order for enforcement, the registering tribunal shall notify
the obligorÂ’s employer pursuant to the income-withholding law of this state.
     (4) The Division of Child Support of the
Department of Justice and the Judicial Department shall enter into an agreement
specifying how the division shall provide circuit courts with assistance
necessary to carry out the duties of the registering tribunal under this
section. The agreement shall require the division to pay the copying and
mailing costs of giving notice under this section. [1993 c.449 §39; 1999 c.680 §3]
     110.417
Procedure to contest validity or enforcement of registered order. (1) A nonregistering party seeking to
contest the validity or enforcement of a registered order in this state shall
request a hearing within 20 days after the date of mailing or personal service
of notice of the registration. The nonregistering party may seek to vacate the
registration, to assert any defense to an allegation of noncompliance with the
registered order or to contest the remedies being sought or the amount of any
alleged arrearages pursuant to ORS 110.420.
     (2) If the nonregistering party fails to
contest the validity or enforcement of the registered order in a timely manner,
the order is confirmed by operation of law.
     (3) If a nonregistering party requests a
hearing to contest the validity or enforcement of the registered order, the
registering tribunal shall schedule the matter for hearing and give notice to
the parties by first-class or electronic mail of the date, time and place of
the hearing. [1993 c.449 §40; 1999 c.80 §60]
     110.420
Contest of registration or enforcement. (1) A party contesting the validity or enforcement of a registered
order or seeking to vacate the registration has the burden of proving one or
more of the following defenses:
     (a) The issuing tribunal lacked personal
jurisdiction over the contesting party;
     (b) The order was obtained by fraud;
     (c) The order has been vacated, suspended
or modified by a later order;
     (d) The issuing tribunal has stayed the
order pending appeal;
     (e) There is a defense under the law of
this state to the remedy sought;
     (f) Full or partial payment has been made;
or
     (g) The statute of limitation under ORS
110.411 precludes enforcement of some or all of the arrearages.
     (2) If a party presents evidence
establishing a full or partial defense under subsection (1) of this section, a
tribunal may stay enforcement of the registered order, continue the proceeding
to permit production of additional relevant evidence and issue other
appropriate orders. An uncontested portion of the registered order may be
enforced by all remedies available under the laws of this state.
     (3) If the contesting party does not
establish a defense under subsection (1) of this section to the validity or
enforcement of the order, the registering tribunal shall issue an order
confirming the order. [1993 c.449 §41]
     110.423
Confirmed order.
Confirmation of a registered order, whether by operation of law or after notice
and hearing, precludes further contest of the order with respect to any matter
that could have been asserted at the time of registration. [1993 c.449 §42]
     110.426
Procedure to register child support order of another state for modification. A party or support enforcement agency
seeking to modify, or to modify and enforce, a child support order issued in
another state shall register that order in this state in the same manner
provided in ORS 110.405, 110.408 and 110.411 if the order has not been
registered. A petition for modification may be filed at the same time as a
request for registration, or later. The pleading must specify the grounds for
modification. [1993 c.449 §43]
     110.429
Effect of registration for modification. A tribunal of this state may enforce a child support order of another
state registered for purposes of modification, in the same manner as if the
order had been issued by a tribunal of this state, but the registered order may
be modified only if the requirements of ORS 110.432 have been met. [1993 c.449 §44]
     110.432
Modification of child support order of another state. (1) After a child support order issued in
another state has been registered in this state, the responding tribunal of
this state may modify that order only if ORS 110.436 does not apply and, after
notice and hearing, the responding tribunal finds that:
     (a) The following requirements are met:
     (A) The child, the individual obligee and
the obligor do not reside in the issuing state;
     (B) A petitioner who is a nonresident of
this state seeks modification; and
     (C) The respondent is subject to the
personal jurisdiction of the tribunal of this state; or
     (b) The child or a party who is an
individual is subject to the personal jurisdiction of the tribunal of this
state and all of the parties who are individuals have filed a written consent
in the issuing tribunal for a tribunal of this state to modify the support
order and assume continuing, exclusive jurisdiction over the order. However, if
the issuing state is a foreign jurisdiction that has not enacted a law or
established procedures substantially similar to the procedures under this
chapter, the consent otherwise required of an individual residing in this state
is not required for the tribunal to assume jurisdiction to modify the child support
order.
     (2) Modification of a registered child
support order is subject to the same requirements, procedures and defenses that
apply to the modification of an order issued by a tribunal of this state and
the order may be enforced and satisfied in the same manner.
     (3) A tribunal of this state may not
modify any aspect of a child support order that may not be modified under the
law of the issuing state. If two or more tribunals have issued child support
orders for the same obligor and child, the order that controls and must be so
recognized under the provisions of ORS 110.333 establishes aspects of the
support order that are nonmodifiable.
     (4) On issuance of an order modifying a
child support order issued in another state, a tribunal of this state becomes
the tribunal having continuing, exclusive jurisdiction. [1993 c.449 §45; 1999
c.80 §61]
     110.435
Recognition of order modified in another state. A tribunal of this state shall recognize a
modification of its earlier child support order by a tribunal of another state
which assumed jurisdiction pursuant to a law substantially similar to this
chapter and, upon request, except as otherwise provided in this chapter, shall:
     (1) Enforce the order that was modified
only as to amounts accruing before the modification;
     (2) Enforce only nonmodifiable aspects of
that order;
     (3) Provide other appropriate relief only
for violations of that order which occurred before the effective date of the
modification; and
     (4) Recognize the modifying order of the
other state, upon registration, for the purpose of enforcement. [1993 c.449 §46]
     110.436
Jurisdiction to modify child support order of another state when individual parties
reside in this state. (1) If
all of the parties who are individuals reside in this state and the child does
not reside in the issuing state, a tribunal of this state has jurisdiction to
enforce and to modify the issuing stateÂ’s child support order in a proceeding
to register that order.
     (2) A tribunal of this state exercising
jurisdiction under this section shall apply the provisions of ORS 110.303 to
110.339 and 110.405 to 110.437 and the procedural and substantive law of this
state to the proceeding for enforcement or modification. ORS 110.342 to
110.391, 110.392, 110.394 to 110.402, 110.438, 110.440 and 110.443 do not
apply. [1997 c.746 §107; 1999 c.80 §92; 2001 c.104 §34]
     110.437
Notice to issuing tribunal of modification. Within 30 days after issuance of a modified child support order, the
party obtaining the modification shall file a certified copy of the order with
the issuing tribunal that had continuing, exclusive jurisdiction over the
earlier order, and in each tribunal in which the party knows the earlier order
has been registered. A party who obtains the order and fails to file a certified
copy is subject to appropriate sanctions by a tribunal in which the issue of
failure to file arises, but that failure has no effect on the validity or
enforceability of the modified order of the new tribunal of continuing,
exclusive jurisdiction. [1997 c.746 §108]
DETERMINATION
OF PARENTAGE
     110.438
Proceeding to determine parentage. (1) A tribunal of this state may serve as an initiating or responding
tribunal in a proceeding brought under this chapter or a law or procedure
substantially similar to this chapter, or under a law or procedure
substantially similar to the Uniform Reciprocal Enforcement of Support Act or
the Revised Uniform Reciprocal Enforcement of Support Act to determine that the
petitioner is a parent of a particular child or to determine that a respondent
is a parent of that child.
     (2) In a proceeding to determine
parentage, a responding tribunal of this state shall apply the procedural and
substantive law of this state and the rules of this state on choice of law. [1993
c.449 §47; 1999 c.80 §62]
INTERSTATE
RENDITION
     110.440
Grounds for rendition. (1)
For purposes of this section and ORS 110.443, “governor” includes an individual
performing the functions of governor or the executive authority of a state
covered by this chapter.
     (2) The Governor of this state may:
     (a) Demand that the governor of another
state surrender an individual found in the other state who is charged
criminally in this state with having failed to provide for the support of an
obligee; or
     (b) On the demand by the governor of
another state, surrender an individual found in this state who is charged
criminally in the other state with having failed to provide for the support of
an obligee.
     (3) A provision for extradition of
individuals not inconsistent with this chapter applies to the demand even if
the individual whose surrender is demanded was not in the demanding state when
the crime was allegedly committed and has not fled from that state. [Formerly
110.310]
     110.441 [1993 c.449 §52; renumbered 110.452 in 1999]
     110.443
Conditions of rendition. (1)
Before making demand that the governor of another state surrender an individual
charged criminally in this state with having failed to provide for the support
of an obligee, the governor of this state may require a prosecutor of this
state to demonstrate that at least 60 days previously the obligee had initiated
proceedings for support pursuant to this chapter or that the proceeding would
be of no avail.
     (2) If, under this chapter or a law
substantially similar to this chapter, the Uniform Reciprocal Enforcement of
Support Act or the Revised Uniform Reciprocal Enforcement of Support Act, the
governor of another state makes a demand that the governor of this state
surrender an individual charged criminally in that state with having failed to
provide for the support of a child or other individual to whom a duty of
support is owed, the governor may require a prosecutor to investigate the
demand and report whether a proceeding for support has been initiated or would
be effective. If it appears that a proceeding would be effective but has not
been initiated, the governor may delay honoring the demand for a reasonable
time to permit the initiation of a proceeding.
     (3) If a proceeding for support has been
initiated and the individual whose rendition is demanded prevails, the governor
may decline to honor the demand. If the petitioner prevails and the individual
whose rendition is demanded is subject to a support order, the governor may
decline to honor the demand if the individual is complying with the support
order. [Formerly 110.313]
MISCELLANEOUS
PROVISIONS
     110.446
Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general
purpose to make uniform the law with respect to the subject of this chapter
among states enacting it. [Formerly 110.301]
     110.449
Short title. This chapter
may be cited as the Uniform Interstate Family Support Act. [Formerly 110.300]
     110.452
Severability clause. If any
provision of this chapter or its application to any person or circumstance is
held invalid, the invalidity does not affect other provisions or applications
of this chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are severable. [Formerly
110.441]
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