reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.010 - Definitions for support enforcement laws.

As used in ORS 25.501 to 25.556 and ORS chapters 25, 107 and 109 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 administrator’s or a district attorney’s authorized representative.
(2) "Attorney" includes an associate member of the Oregon State Bar practicing law within the member’s approved scope of practice.
(3) "Child" has the meaning given that term in ORS 110.503.
(4) "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 as defined in ORS 25.321 and an unsatisfied obligation to provide support.
(5) "Department" means the Department of Justice.
(6) "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.
(7) "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.
(8) "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 a person 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.
(9) "Obligee" has the meaning given that term in ORS 110.503.
(10) "Obligor" has the meaning given that term in ORS 110.503.
(11) "Order to withhold" means an order or other legal process that requires a withholder to withhold support from the income of an obligor.
(12) "Public assistance" has the meaning given that term in ORS 25.501.
(13) "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; 2009 c.351 §4; 2015 c.298 §85; 2019 c.13 §5; 2019 c.291 §1; 2023 c.72 §44]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.011 - "Address" defined.

As used in ORS 25.501 to 25.556 and ORS chapters 25, 106, 107, 108, 109 and 110, 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; 2019 c.13 §6]
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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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 the department will 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, within 30 days after the date of the notice, a party requests that the department establish the arrearage on the account as provided in ORS 25.167 or 25.540.
(3) If, within 30 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 25.540, 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; 2011 c.318 §15]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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 parentage;
(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; 2017 c.651 §9]
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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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 192.311. [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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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 parentage 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 192.600, 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; 2017 c.651 §10]
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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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 Oregon; and
(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.084 - Assignment of rights or written application required for services; incorporation in judgment.

(1) The administrator may provide support enforcement services as described in ORS 25.080 only if support rights have been assigned to the state or if a person has provided a written application to the administrator that:
(a) Is signed by the person; and
(b) Indicates that the person is applying for child support services.
(2) Any support judgment that provides for payment to the Department of Justice under ORS 25.020 may have an application incorporated in the judgment. [2009 c.352 §2; 2011 c.318 §5; 2019 c.291 §3]
Note:
25.084 was added to and made a part of ORS chapter 25 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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 obligee’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 must 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 must be noted on the computerized case record. If no new address for service by regular mail can be obtained, service must be by certified mail, return receipt requested, by personal service upon the obligee, or by any other mail service with delivery confirmation.
(2) Notwithstanding any other provision of ORS 25.501 to 25.556 or this chapter or ORS chapter 110, 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; 2011 c.318 §8; 2019 c.13 §9]
Note:
25.085 was added to and made a part of ORS chapter 25 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.088 - Effect of dismissal of judicial proceeding on existing administrative order of support.

Unless otherwise provided, a general judgment of dismissal of a judicial proceeding under ORS chapter 107, 108 or 109 for want of prosecution under ORCP 54 B(3) does not dismiss an administrative support order that was entered under ORS 25.501 to 25.556 before the date of the dismissal where the parental parties involved in the judicial proceeding are the same as those affected by the administrative order of support. [2013 c.185 §2]
Note:
25.088 was added to and made a part of ORS chapter 25 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.095 - Later-issued child support judgment.

(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 25.531 to the contrary, the terms of a child support judgment originating under ORS 25.529 are terminated by the 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 is providing services under ORS 25.080;
(c) The administrator or a court gives the later-issued child support judgment precedence over the earlier-issued child support judgment originating under ORS 25.529; and
(d) 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 25.531 (7), for purposes of reconciling any support payment records under the two child support judgments described in subsection (2) of this section:
(a) The terms of the child support judgment originating under ORS 25.529 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 the amount of any support payment arrearage or credit that has accrued under the earlier-issued child support judgment originating under ORS 25.529.
(4) Any arrearage that accrued under a judgment that is terminated as provided in subsection (2) of this section or that is explicitly terminated by any other later-issued court judgment is subsumed by the later-issued court judgment and is enforceable in the court case in which the later-issued court judgment was entered. [2005 c.83 §1; 2007 c.356 §2; 2015 c.73 §1; 2021 c.415 §1]
Note:
25.095 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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.100 - Designation of auxiliary court in county where party resides or property located.

(1) With respect to any order or judgment entered pursuant to ORS 25.501 to 25.556, 107.095, 107.105, 108.120, 109.155 or 419B.400 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, enter an order designating 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, as an auxiliary court for purposes of the order or judgment.
(2) The clerk of the circuit court in which the original order or judgment was entered shall notify the auxiliary court of the order designating the auxiliary court. [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; 2017 c.252 §3; 2021 c.597 §47]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.110 - Jurisdiction of designated auxiliary court.

(1) Upon entry of an order designating an auxiliary court under ORS 25.100, the auxiliary court has jurisdiction to compel compliance with an order or judgment for payment of support the same as if it were the court that made and entered the original order or judgment.
(2) The only courts that have jurisdiction to modify any provision of the original order or judgment are:
(a) The court having original jurisdiction of the cause in which the order or judgment was entered; and
(b) An auxiliary court designated under ORS 25.100.
(3) When an auxiliary court enters an order or judgment under this section, the clerk of the auxiliary court shall forward the order or judgment to the clerk of the court in which the original order or judgment was entered. The clerk of the court in which the original order or judgment was entered shall file the auxiliary court’s order or judgment in the original court file. [Formerly 23.800; 2003 c.576 §297; 2017 c.252 §6]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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 obligor’s and to the obligee’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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.160 - Referral of support cases 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, a child support case shall be referred to the Department of Justice for provision of collection, accounting and disbursement services if an application as described in ORS 25.084 is made to the district attorney or to 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 a case referred to the department 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; 2009 c.352 §5]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.164 - Payment of support through Department of Justice; application.

(1) If the payment method for support payments set forth in the support judgment does not require that payments be made through the Department of Justice, an application may be made to the department for support enforcement services under this chapter and under federal laws and regulations relating to support payments and enforcement of judgments. An application under this section may be made by an obligee, by an obligor, by a person having physical custody of a minor child or by a child attending school, as defined in ORS 107.108.
(2) An application under subsection (1) of this section must be in the form prescribed by ORS 25.084.
(3) If an application is made under subsection (1) of this section, the administrator shall give notice to all parties that the application has been made. All support payments under the judgment that are due after the notice is given must be made through the department.
(4) When an application is made under this section, the method of support accounting previously used for the support judgment terminates on the first day of the month following the month the application is made, and the department shall thereafter provide support accounting for the support judgment and disburse amounts paid under the judgment.
(5) If an application is made under this section and a complete record of support payments does not exist, the department may establish a record of arrearage under ORS 25.167. [Formerly 25.320; 2003 c.146 §6; 2009 c.352 §6]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.165 - Application of support payments; rules.

The Division of Child Support of the Department of Justice shall adopt rules that:
(1) Require distribution of payments to child, medical or spousal support obligations and arrears in any sequence that is consistent with federal law;
(2) Permit the division to develop criteria for when the division may override the debtor’s designation of the particular support debt to which the payment of child support or spousal support is applied; and
(3) Provide the manner in which payments of child, medical or spousal support shall be applied to principal and interest that is due and owing on such obligations and arrears, irrespective of any contrary law. [2017 c.458 §2]
Note:
25.165 was added to and made a part of ORS chapter 25 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.166 - Support payment due dates.

(1) Any court order or administrative order issued or modified in a proceeding under ORS 25.501 to 25.556 or ORS chapter 107, 108, 109, 110, 419B or 419C that contains an order for the payment of child support or spousal support must specify an initial due date and year for the payment of support that is on the first day of a calendar month, with subsequent payments due on the first day of each subsequent month for which the support is payable.
(2) For purposes of support enforcement, any support payment that becomes due and payable on a day other than the first day of the month in which the payment is due shall be enforceable by income withholding as of the first day of that month.
(3) Any court order or administrative order that contains an award of child, medical or spousal support that accrues on other than a monthly basis may, for income withholding and administrative support billing purposes only, be converted to a monthly amount.
(4) Support payments become delinquent only if not paid in full within one month of the payment due date. A monthly child support obligation that is to be paid in two or more installments does not become delinquent until the obligation is not paid in full by the due date for the first installment in the next month. This subsection does not apply to the accrual of interest under ORS 82.010.
(5) Subsections (2) and (3) of this section do not apply to the determination or issuance of support arrearage liens, installment arrearage liens, judgment liens, writs of garnishment or any other action or proceeding that affects property rights under ORS chapter 18. [2017 c.462 §1; 2019 c.13 §12; 2019 c.291 §5]
Note:
25.166 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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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 obligor’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 obligor’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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.180 - Examination of obligor’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 obligor’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 obligor’s income and property, and to any matter relevant to the obligor’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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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 obligor’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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.210 - Use of obligor’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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.220 - Computer records 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 record 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 record bears a seal purporting to be that of the administrator and is certified as a true copy by original, electronic or facsimile signature of a person purporting to be an officer or employee of the administrator. Records 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 records upon request made to the administrator. [Formerly 23.855; 1989 c.519 §1; 1997 c.704 §23; 1999 c.735 §19; 2019 c.291 §6]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.240 - Order to pay support by parent with legal custody of minor.

Notwithstanding any other law, when a court or the administrator has the authority under ORS chapter 107, 108, 109 or 110 or ORS 25.501 to 25.556 or 419B.400 to 419B.406 to require a parent without legal custody to pay support for a minor child, the court or administrator may require a parent with legal custody to pay support for the child as long as that parent does not have physical custody of the 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; 2019 c.13 §13; 2021 c.597 §48]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.241 - Suspension of enforcement or holdback of moneys received during pendency of certain actions; rules.

(1) Subject to subsection (2) of this section, when an action is pending to modify, terminate, satisfy, vacate or set aside a support order, the administrator may:
(a) Suspend enforcement of the support order; or
(b) Hold some or all moneys received from, or received on behalf of, an obligor under a support order for possible refund, reallocation or redistribution upon resolution of the pending action.
(2) The Department of Justice may suspend enforcement of a support order or hold moneys received from, or received on behalf of, an obligor under a support order as described in subsection (1) of this section if the administrator determines that:
(a) Collection of child support will impair the ability of the obligor with physical custody of all of the parties’ children to provide direct support to the children; or
(b) Resolution of the pending action will result in:
(A) A payee receiving more moneys than are due to the payee; or
(B) An adjustment that may cause an overpayment in favor of the state under ORS 25.125 (2).
(3) The administrator shall notify the parties when it suspends enforcement of a support order or holds moneys received under a support order under subsection (1) of this section.
(4) Any party may request an administrative review of the administrator’s actions under subsections (1) and (2) of this section by submitting a written request for administrative review to the department. No later than 30 days following the receipt of a written request for administrative review, the department shall conduct an administrative review to determine if the department will resume enforcement of the support order or release moneys received under the support order to a party. A party may appeal the administrator’s decision under ORS 183.484.
(5) The department shall adopt rules to carry out the provisions of this section. [2019 c.290 §2]
Note:
25.241 was added to and made a part of ORS chapter 25 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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 attorney’s authorized representative.
(2) Unless otherwise authorized by law, child support records, including data contained in the Child Support Program’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 program’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 program’s responsibilities under state and federal law.
(5) The Child Support Program may exchange information with state agencies administering the following programs as necessary for the Child Support Program and the state agencies to perform their responsibilities under state and federal law:
(a) Programs funded under Title IV, XIX or XXI of the Social Security Act; and
(b) The Supplemental Nutrition Assistance Program under ORS 411.806 to 411.845.
(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; 2019 c.291 §8]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 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]