reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.513 - Hearings procedure; parties; enforcement of order; appeal of order.

(1) When a party requests a hearing pursuant to ORS 25.511, 25.517, 25.525, 25.527 (1) or 25.540, the contested case provisions of ORS chapter 183 apply except as provided in subsection (6) of this section.
(2) Except as provided in ORS 25.550, hearings shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings.
(3) The administrative law judge may issue subpoenas for witnesses necessary to develop a full record. The attorney of record for the office of the Division of Child Support or the office of the district attorney may issue subpoenas. Witnesses appearing pursuant to subpoena, other than parties or officers or employees of the administrator, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (2). Obedience to the subpoena may be compelled in the same manner as set out in ORS 183.440 (2).
(4) Upon issuance of an order, action by the administrator to enforce and collect upon the order, including arrearages, may be taken. Action by the administrator may not be stayed or partially stayed pending appeal or by any court unless there is substantial evidence showing that the obligor would be irreparably harmed and that the obligee would not be irreparably harmed.
(5) An order issued by the administrative law judge or the administrator is final. The order shall be in full force and effect while any appeal is pending unless the order is stayed by a court. A court may not grant a stay unless there is substantial evidence showing the obligor would be irreparably harmed and that the obligee would not be irreparably harmed.
(6) Appeal of the order of the administrative law judge or any default or consent order entered by the administrator pursuant to ORS 25.501 to 25.556 may be taken to the circuit court of the county in which the order has been entered pursuant to ORS 25.529 for a hearing de novo. The appeal shall be by petition for review filed within 60 days after the order has been entered pursuant to ORS 25.529. Unless otherwise specifically provided by law, the appeal shall be conducted pursuant to the Oregon Rules of Civil Procedure.
(7) The obligor, the obligee and the state are parties to any proceedings, including appeals, under this section. [Formerly 416.427]
Note:
See note under 25.501.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.515 - Past support; consolidation in court proceeding.

(1) Past support may not be ordered for any period of time prior to the later of:
(a) The date of the most recent application for service from the Child Support Program administered under Title IV-D of the Social Security Act; or
(b) In the case of a mandatory referral based on the receipt of public assistance, the date of the last referral to the Child Support Program administered under Title IV-D of the Social Security Act.
(2) If the administrator has issued a notice and finding of financial responsibility under ORS 25.511 that includes a statement of past support but the administrator or an administrative law judge has not issued an order, and a court proceeding that involves the same obligor and child support for the same child is pending or is commenced after the notice is issued, the administrator may certify all matters under the notice to the court for consolidation in the court proceeding. After the matter is certified to the court, the court may, in the same manner as the administrator, order a parent to pay an amount of past support.
(3) If the administrator does not certify the matter to the court under subsection (2) of this section and the court’s judgment or order does not address past support, the administrator or an administrative law judge may thereafter issue an order directing a parent to pay an amount of past support. [Formerly 416.422]
Note:
See note under 25.501.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.517 - When order of support contingent on child residing in state financed or supported residence.

An order for support entered pursuant to ORS 25.501 to 25.556 for a child in the care and custody of the Department of Human Services may be made contingent upon the child residing in a state financed or supported residence, shelter or other facility or institution. A certificate signed by the Director of Human Services or the Administrator of the Division of Child Support shall be sufficient to establish the periods of residence and to satisfy the order for periods of nonresidence. A hearing to contest the period of nonresidency or failure to satisfy shall be held pursuant to ORS 25.513. [Formerly 416.417; 2021 c.597 §32a]
Note:
See note under 25.501.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.525 - Modification of order based on change in physical custody.

(1) An order for support of a child entered under ORS 25.501 to 25.556 may provide for a change to the support award based on a change in the child’s physical custody. The order may provide for a change in the support award during periods of time when one parent, with the knowledge and consent of the other parent or pursuant to court order, has physical custody of the child. The provision may not provide for a change to the support award during periods of parenting time or visitation.
(2) A sworn affidavit of the parent having physical custody of a child is sufficient to establish a change in physical custody of the child, and of the time during which the parent has physical custody of the child, for the purposes of a change to a support award under a provision described in subsection (1) of this section. The other parent may contest the affidavit by requesting a hearing as provided by ORS 25.513.
(3) The legal custody of a child is not affected by a change to a support order under a provision described in subsection (1) of this section. [Formerly 416.416]
Note:
See note under 25.501.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.529 - Filing order with court; order effective as circuit court judgment.

(1) The documents required to be filed for purposes of subsection (2) of this section include all the following:
(a) A true copy of any order entered, filed or registered by the administrator or administrative law judge pursuant to ORS 25.501 to 25.556 or ORS chapter 110.
(b) A true copy of the return of service, if applicable.
(c) A separate statement containing the information required to be contained in a judgment under ORS 18.042 (2).
(2) The documents described under subsection (1) of this section shall be filed in the office of the clerk of the circuit court in the county in which either the parent or the dependent child resides or in the county where the court order was entered if the administrative order is an order modifying a court order. Upon receipt of the documents, the clerk shall enter the order in the register of the circuit court, shall note in the register that the order creates a lien and shall make the notations required by ORS 18.075 in the judgment lien record maintained under ORS 18.075.
(3) Upon entry in the register under subsection (2) of this section, the order shall have all the force, effect and attributes of a judgment of the circuit court, including but not limited to:
(a) Creation of a judgment lien under ORS chapter 18; and
(b) Ability to be enforced by contempt proceedings and pursuant to ORS 18.252 to 18.993.
(4) Notwithstanding subsections (2) and (3) of this section, the entry in the register of an order of the administrator or administrative law judge does not preclude any subsequent proceeding or remedy available under ORS 25.501 to 25.556.
(5) An order filed under this section that modifies a previously filed order or a previously entered judgment may contain provisions that were included in the order or judgment.
(6) A court or administrative order of another state may be filed, or if appropriate, registered, pursuant to this section for the purposes of ORS chapter 110. Notwithstanding any other provision of ORS 25.501 to 25.556, an order of another state registered pursuant to ORS 110.605 to 110.611 may not be modified unless the requirements of ORS 110.626 to 110.637 are met. [Formerly 416.440]
Note:
See note under 25.501.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.533 - Relief from compliance with order.

The court may, upon such terms as may be just at any time within one year after notice thereof, relieve a parent from an administrative order taken against that parent because of mistake, inadvertence, surprise or excusable neglect. [Formerly 416.465]
Note:
See note under 25.501.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.540 - Notice of intent to establish and enforce arrearages; request for hearing; order.

(1) The administrator may issue a notice of intent to establish and enforce arrearages for any support order that is registered, filed or entered in this state. The notice must be served upon the obligor in the manner prescribed for service of summons in a civil action, mailed to the obligor at the obligor’s last-known address by certified mail, return receipt requested, or by any other mail service with delivery confirmation. The administrator shall mail the notice to the obligee by regular mail.
(2) The notice shall include:
(a) A statement of the name of the caretaker relative or agency and the name of the dependent child for whom support is to be paid;
(b) A statement of the monthly support the obligor is required to pay under the support order;
(c) A statement of the arrearages claimed to be owed under the support order;
(d) A statement that if the obligor or the obligee objects to the enforcement of the arrearages, then the objecting party must send to the office issuing the notice, within 30 days of the date of service, a written response that sets forth any objections and requests a hearing;
(e) A statement that the only basis upon which an obligor or an obligee may object to the enforcement of the arrearages is that the amount of the arrearages specified in the notice is incorrect;
(f) A reference to ORS 25.501 to 25.556;
(g) A statement that the obligor and the obligee are responsible for notifying the office of any change of address or employment;
(h) A statement that if the obligor or the obligee has any questions, the obligor or obligee should telephone or visit the appropriate office or consult an attorney; and
(i) Such other information as the administrator finds appropriate.
(3) If a timely written response setting forth objections and requesting a hearing is received by the appropriate office, a hearing shall be held under ORS 25.513.
(4) If no timely written response and request for hearing is received by the appropriate office, the administrator shall enter an order directing that the amount of the arrearages stated in the notice be entered in the child support accounting record maintained by the Department of Justice.
(5) Action to administratively enforce and collect upon the arrearages established under this section may be taken 30 days after service of or receipt or refusal of the notice by the obligor or obligee.
(6) Nothing in this section shall prevent the administrator from using other available enforcement remedies at any time. [Formerly 416.429]
Note:
See note under 25.501.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.542 - Preventing transfer of assets to evade compliance with order.

If at any time subsequent to service, receipt or refusal of a notice pursuant to ORS 25.511, and prior to the entry of an order, the administrator reasonably believes that the parent is about to transfer, encumber, convey, sell, remove, secrete, waste or otherwise dispose of property which could be made subject to collection action to satisfy the order for past support, the administrator may certify the matter to the circuit court, accompanied by a legal description of the property in question, in order to obtain a temporary restraining order directing that such property not be transferred, encumbered, conveyed, sold, removed, secreted, wasted or otherwise disposed of pending entry of a support order by the circuit court. The administrator shall, in such cases, file in the case record a certified statement of the reasons upon which such belief is founded. If the parent furnishes a good and sufficient bond satisfactory to the court, the temporary restraining order shall be vacated. A certified copy of an order entered under this section may be recorded in the same manner as a notice of lis pendens under ORS 93.740. [Formerly 416.450]
Note:
See note under 25.501.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.552 - Certification of paternity issue to circuit or juvenile court; trial.

(1) Except as provided in subsection (2) of this section, when a response denying paternity and requesting a hearing is received pursuant to ORS 25.511 (3), or paternity is a valid issue as determined by the administrator under ORS 25.550, the certification to the circuit court shall be to the court in the judicial district where the parent or dependent child resides.
(2) Notwithstanding subsection (1) of this section, if there is an Oregon juvenile court case regarding the dependent child, the matter may be certified to the county that has jurisdiction of the juvenile court case.
(3) The certification shall include true copies of the notice and finding of financial responsibility, the return of service, the denial of paternity and request for hearing and any other relevant papers.
(4) The court shall set the matter for trial and notify the parties of the time and place of trial.
(5) If paternity is established, the monthly support and the amount of past support to be ordered may be established under ORS 25.513. [Formerly 416.435]
Note:
See note under 25.501.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.554 - Reopening issue of paternity; order.

(1) As used in this section, "blood tests" has the meaning given that term in ORS 109.251.
(2) No later than one year after an order establishing paternity is entered under ORS 25.529 and if blood tests have not been completed, a party may apply to the administrator to have the issue of paternity reopened and for an order for blood tests.
(3) No later than one year after a voluntary acknowledgment of paternity is filed in this state and if blood tests have not been completed, a party to the acknowledgment, or the Department of Human Services if the child named in the acknowledgment is in the care and custody of the department under ORS chapter 419B, may apply to the administrator for services under ORS 25.080 and for an order for blood tests.
(4) Upon receipt of a timely application, the administrator shall order:
(a) The mother and the male party to submit to blood tests; and
(b) The person having physical custody of the child to submit the child to blood tests.
(5) If a party refuses to comply with an order under subsection (4) of this section, the issue of paternity shall, upon the motion of the administrator, be resolved against that party by an order of the court either affirming or setting aside the order establishing paternity or the voluntary acknowledgment of paternity.
(6) If the results of the blood tests exclude the male party as the biological father of the child, the administrator may file a motion with the court for an order setting aside the order establishing paternity or the voluntary acknowledgment of paternity and for a judgment of nonpaternity.
(7) Support paid before an order establishing paternity or a voluntary acknowledgment of paternity is set aside under this section may not be returned to the payer.
(8) The administrator shall send a court-certified true copy of a judgment of nonpaternity to the State Registrar of the Center for Health Statistics. Upon receipt of the judgment, the state registrar shall correct any records maintained by the state registrar that indicate that the male party is the parent of the child.
(9) The Child Support Program shall pay any state registrar fees and any costs for blood tests ordered under this section, subject to recovery from the party who requested the tests. [Formerly 416.443]
Note:
See note under 25.501.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.556 - Expeditious court hearings.

The Supreme Court by administrative order shall provide, where necessary, for expeditious hearings on all matters referred to the circuit court pursuant to ORS 25.542 or 25.552. [Formerly 416.460]
Note:
See note under 25.501.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.575 - Definitions for ORS 25.575 to 25.577.

As used in ORS 25.575 to 25.577:
(1) "Adjudicated youth" has the meaning given that term in ORS 419A.004.
(2) "Administrator" has the meaning given that term in ORS 25.010.
(3) "Court" means the juvenile court or the circuit court.
(4) "Director" means the Director of the Oregon Youth Authority.
(5) "Youth authority" means the Oregon Youth Authority. [Formerly 416.480; 2021 c.489 §4]
Note:
25.575 to 25.577 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.576 - Order for support of adjudicated youth or other offender.

(1) After an opportunity for a hearing on the matter, the court or the administrator may enter an order in favor of the Oregon Youth Authority that requires a parent or other person to pay support toward the care and maintenance of an adjudicated youth or other offender if:
(a) The parent or other person is legally responsible for the support of the adjudicated youth or other offender; and
(b)(A) The adjudicated youth is committed to the legal custody of the youth authority by order of the juvenile court; or
(B) The other offender is placed in the physical custody of the youth authority under ORS 137.124.
(2) The formula established under ORS 25.275 applies to an order entered under this section.
(3) When the administrator makes an order under this section, the provisions of ORS 25.501 to 25.556 apply. [Formerly 416.483; 2021 c.489 §5]
Note:
See note under 25.575.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.577 - Youth authority may enter into agreements for support enforcement services.

The Director of the Oregon Youth Authority may apply to the Department of Justice for support enforcement services available under Title IV-D of the Social Security Act with respect to any adjudicated youth or other offender in the legal or physical custody of the Oregon Youth Authority. The youth authority and the department may enter into agreements to implement this section. [Formerly 416.486; 2021 c.489 §6]
Note:
See note under 25.575.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.610 - Procedure to collect support orders from state tax refunds; voluntary withholding; rules.

(1) Whenever support enforcement services are being provided, the administrator may request the Department of Revenue, through the Department of Justice or its designee, to collect past due child and spousal support from income tax refunds due to the obligor. The request shall be based upon the payment record maintained under ORS 25.020.
(2) If support payment records have not been maintained as provided in ORS 25.020, then a support payment record may be established under ORS 25.164, 25.167 and 25.540.
(3) The Department of Justice shall adopt rules:
(a) Setting out additional criteria for requests under subsection (1) of this section; and
(b) Directing how any support obligation collected by the Department of Revenue shall be distributed, consistent with federal regulations.
(4) Before a request is made to the Department of Revenue under subsection (1) of this section, the Department of Justice shall provide advance written notice to the obligor, and may send advance written notice to the obligee, of its intent to refer the case to the Department of Revenue. The notice shall inform the parties:
(a) Of the proposed action;
(b) Of the obligor’s right to request an administrative review of the proposed action;
(c) That an administrative review, if desired, must be requested by the obligor within 30 days after the date of the notice; and
(d) That the only issues that may be considered in the administrative review are:
(A) Whether the obligor is the person who owes the support obligation; and
(B) Whether the amount shown as the past due support is correct.
(5) An administrative review must be requested within 30 days after the date of the notice described in subsection (4) of this section. At the administrative review, an issue may not be considered if it was previously litigated or if the obligor failed to exercise rights to appear and be heard or to appeal a decision that resulted in the accrual of the arrearage being used as a basis for a request under subsection (1) of this section. A party may appeal a decision from the administrative review under ORS 183.484.
(6) When the Department of Revenue has been requested to collect past due child and spousal support from income tax refunds due to the obligor, the Department of Revenue may not allow the obligor to apply any income tax refund to future taxes of the obligor.
(7) Notwithstanding any other provision of this section, an obligor who is not delinquent in payment of child or spousal support may authorize the Department of Revenue, through the Department of Justice or its designee, to withhold any income tax refund owing to that obligor for the purpose of applying the moneys as a credit to the support account maintained by the Department of Justice. [1985 c.671 §§27,28; 1989 c.519 §6; 1991 c.588 §2; 1993 c.596 §12; 1997 c.170 §12; 1997 c.704 §33; 2001 c.455 §12; 2003 c.73 §35; 2003 c.572 §11; 2005 c.560 §5; 2009 c.210 §1; 2017 c.461 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.620 - Procedures to collect past due support from state tax refunds; fees.

(1) The Department of Revenue shall establish procedures consistent with ORS 25.610 to collect past due child and spousal support from income tax refunds due to the obligor in the same manner that other delinquent accounts are collected under ORS 293.250.
(2) The Department of Revenue shall establish procedures to ensure that when an obligor has filed a joint income tax return, the obligor’s spouse may apply for a share of the refund, if any. The procedures shall provide for notice to the obligee regarding any application by the obligor’s spouse for a share of the refund.
(3) No collection shall be made by the Department of Revenue unless the debt is in a liquidated amount.
(4) Notwithstanding the provisions of ORS 293.250, the Department of Revenue shall designate a single fee to retain from moneys collected for child support as a reasonable fee to cover only the actual cost.
(5) The Department of Revenue shall forward the net proceeds of collections made under subsection (1) of this section to the Department of Justice. Such proceeds shall be applied pursuant to ORS 25.610 (3).
(6) Notwithstanding any other law relating to the confidentiality of tax records, the Department of Revenue shall send the Department of Justice the obligor’s home address and Social Security number or numbers on each case submitted for collection pursuant to ORS 25.610. [1985 c.671 §29; 1993 c.596 §13; 1997 c.170 §13; 1997 c.704 §34; 2001 c.455 §27]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.625 - Federal tax offset; passport denial; rules.

(1) The Department of Justice may furnish to the United States Secretary of Health and Human Services certifications appropriate to and required for action by the secretary to offset federal income tax returns and to deny, revoke or limit passports of individuals owing child support arrearages.
(2) The department shall adopt rules to carry out the purposes of subsection (1) of this section. [1997 c.746 §13; 2003 c.73 §36]
Note:
25.625 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.640 - Definitions for ORS 25.643 and 25.646.

For purposes of ORS 25.643 and 25.646:
(1) "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, share draft account, time deposit account, money-market mutual fund account or a claim for insurance benefits or payments of at least $500, not including a claim for property damage, under a liability insurance policy or uninsured motorist insurance policy issued by an insurance company authorized to do business in this state.
(2) "Claimant" means an obligor who is asserting a claim of at least $500, not including a claim for property damage, under a liability insurance policy or uninsured motorist policy issued by an insurer that is authorized to do business in this state.
(3) "Customer" has the meaning given that term in ORS 192.583.
(4) "Financial institution" means:
(a) A depository institution, as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c));
(b) Any federal credit union or state credit union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752), including an institution-affiliated party of such a credit union, as defined in section 206(r) of the Federal Credit Union Act (12 U.S.C. 1786(r));
(c) Any person licensed under ORS 717.200 to 717.320, 717.900 and 717.905; and
(d) Any benefit association, insurance company, safe deposit company, money-market mutual fund or similar entity authorized to do business in this state.
(5) "Financial records" means any original written or electronic document or copy of the document, or any information contained in the document, held by or in the custody of a financial institution, when the document, copy or information is identifiable as pertaining to one or more customers or claimants of the financial institution. [1997 c.746 §120; 2017 c.486 §1; 2019 c.291 §10]
Note:
25.640 to 25.646 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.643 - Disclosure of information on obligors by financial institutions; fees; liability; rules.

(1) The Department of Justice and financial institutions doing business in this state shall enter into agreements to develop and operate a data match system using automated data exchanges to the maximum extent feasible.
(2) Pursuant to the agreements, financial institutions shall provide, for each calendar quarter, the name, address, Social Security number or other taxpayer identification number and other identifying information for each obligor who:
(a) Maintains an account at, or has a claim for insurance benefits or payments with, the institution; and
(b) Owes past due support, as identified by the administrator by name and Social Security number or other taxpayer identification number.
(3) Notwithstanding subsection (2) of this section, a financial institution can satisfy its obligation to conduct a data match and provide information to the administrator under this section as provided in rules adopted by the department.
(4) If a financial institution at which an obligor has a claim for insurance benefits or payments has not previously provided the administrator with the information required by this section, the financial institution must provide the administrator with at least three business days’ advance written notice before disbursing any payment to the obligor pursuant to the claim.
(5) The administrator shall pay a reasonable fee to a financial institution for conducting the data match provided for in this section. The fee may not exceed the actual costs incurred by the financial institution.
(6) A financial institution, including an institution-affiliated party as defined in section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)), is not liable under any state law to any person and, except as provided in this section, shall not be in violation of any other law regulating the handling of an account because the financial institution:
(a) Discloses information to the administrator under this section;
(b) Encumbers or surrenders any assets held by the financial institution in response to a notice of lien or levy issued by the administrator; or
(c) Takes any other action in good faith to comply with the requirements of this section.
(7) The department may adopt rules to implement and direct the provision of information pursuant to the agreements entered into for automated data exchanges performed by the data match system developed and operated under this section. [1997 c.746 §121; 2003 c.73 §37; 2009 c.80 §3; 2017 c.486 §2]
Note:
See note under 25.640.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.646 - Disclosure of financial records of customers by financial institutions; liability.

(1) Upon request of the administrator and the receipt of the certification required under subsection (2) of this section, a financial institution shall provide financial records of a customer or claimant.
(2) In requesting information under subsection (1) of this section, the administrator shall provide the name and Social Security number of the person whose financial records are sought and shall state with reasonable specificity the financial records requested. The administrator shall provide to the financial institution a signed document in a form established by the Department of Justice certifying that:
(a) The person whose financial records are sought is a party to a proceeding to establish, modify or enforce the child support obligation of the person; and
(b) The administrator has authorization from the person for release of the financial records, has given the person written notice of its request for financial records or will give the notice within five days after the financial institution responds to the request.
(3) The administrator shall reimburse a financial institution supplying financial records under this section for actual costs incurred.
(4) A financial institution, including an institution-affiliated party as defined in section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)), that supplies financial records to the administrator under this section is not liable to any person for any loss, damage or injury arising out of or in any way pertaining to the disclosure of the financial records.
(5) A financial institution that is requested to supply financial records under this section may enter into an agreement with the administrator concerning the method by which requests for financial records and responses from the financial institution shall be made.
(6) The administrator shall provide a reasonable time to the financial institution for responding to a request for financial records.
(7) The administrator shall seek financial records under this section only:
(a) With respect to a person who is a party to a proceeding to establish, modify or enforce the child support obligation of the person; or
(b) According to the provisions of ORS 25.083. [1997 c.746 §122; 1999 c.930 §4; 2001 c.455 §13; 2009 c.80 §4; 2017 c.486 §3]
Note:
See note under 25.640.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.650 - Information on past due support to consumer reporting agencies; rules.

(1) As used in this section, "consumer reporting agency" means any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and that uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
(2)(a) Notwithstanding any other law, and subject to rules established by the Department of Justice, for cases in which there is past due support, the department shall:
(A) Report periodically to consumer reporting agencies the name of any obligor who is delinquent in the payment of support and the amount owed by the obligor; and
(B) Otherwise make available to a consumer reporting agency upon its request information regarding the amount of past due support owed by an obligor.
(b) The department shall provide advance notice to the obligor concerning the proposed reporting of information to the consumer reporting agencies. The notice must inform the obligor:
(A) Of the amount of the past due support the department will report to the consumer reporting agencies;
(B) That the department will continue to report the past due support amount owed without sending additional notice to the obligor;
(C) Of the obligor’s right to request an administrative review within 30 days after the date of the notice; and
(D) Of the issues that may be considered on review.
(c) If an obligor requests an administrative review, the department may not report the past due support amount until the review is complete.
(d) A party may appeal a decision from the administrative review under ORS 183.484. An appeal of the decision does not stay the department from making reports to consumer reporting agencies.
(3) The administrator may request that a consumer reporting agency provide a consumer report when needed for one or more of the following purposes:
(a) To establish or modify a support order.
(b) When parentage has been established with respect to an individual, to establish the individual’s capacity to make child support payments or the appropriate amount of child support that may be ordered.
(c) To enforce a support order.
(4) The department shall report information under subsection (2) of this section only to a person that has furnished evidence satisfactory to the department that the person is a consumer reporting agency.
(5) When the department has made a report to a consumer reporting agency under subsection (2) of this section, the department shall promptly notify the consumer reporting agency when the department’s records show that the obligor no longer owes past due support. [1985 c.671 §§45,46; 1993 c.596 §14; 1997 c.704 §35; 1999 c.80 §66; 2003 c.73 §38; 2005 c.560 §6; 2017 c.460 §1; 2017 c.461 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.670 - Judgment lien on personal property.

(1) Whenever there is a judgment for unpaid child or spousal support, a lien arises by operation of law on any personal property owned by the obligor, and the lien continues until the liability for the unpaid support is satisfied or the judgment or renewal thereof has expired. For purposes of this section and ORS 25.680 and 25.690, liability for the unpaid support includes the amount of unpaid support, with interest, and any costs that may be associated with lawful execution on the lien including, but not limited to, attorney fees, costs of notice and sale, storage and handling.
(2)(a) A lien arising under subsection (1) of this section may be recorded by filing a written notice of claim of lien with the county clerk of the county in which the obligor resides or the property is located. The notice of claim of lien required under this subsection shall be a written statement and must include:
(A) A statement of the total amount due, as of the date of the filing of the notice of claim of lien;
(B) The name and address of the obligor and obligee;
(C) The name and address of the office of the district attorney, Division of Child Support or other person or entity filing the notice;
(D) A statement identifying the county where the underlying support order was entered and its case number;
(E) A description of the personal property to be charged with the lien sufficient for identification; and
(F) A statement of the date the lien expires under the laws of the issuing state. If no expiration date is provided, the lien expires in Oregon five years from the date of recording.
(b) The county clerk shall record the notice of claim of lien filed under paragraph (a) of this subsection in the County Clerk Lien Record.
(3) When a notice of claim of lien is recorded pursuant to subsection (2) of this section, the person or entity filing the notice of claim of lien shall send forthwith a copy of the notice to the owner of the personal property to be charged with the lien by registered or certified mail, or by any other mail service with delivery confirmation, sent to the owner’s last-known address.
(4) Liens described in subsection (1) of this section that arise by operation of law in another state must be accorded full faith and credit if the state agency, party or other entity seeking to enforce the lien follows the applicable procedures for recording and service of notice of claim of lien set forth in this section. A state agency, party or other entity may not file an action to enforce a lien described in this section until the underlying judgment has been filed in Oregon as provided in ORS chapter 110. [1985 c.671 §47; 1993 c.223 §3; 1993 c.596 §15; 1999 c.80 §34; 2003 c.576 §577; 2011 c.318 §12; 2017 c.461 §4]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.680 - Effect of lien; priority.

(1) Whenever a notice of claim of lien has been recorded under ORS 25.670 (2), the owner of the personal property may not release, sell, transfer, pay over, encumber or convey the personal property that is the subject of the lien until the Department of Justice or person to whom the support is or was owed or, if services are being provided under ORS 25.080, the enforcing agency of this or any other state releases the lien, the lien has been satisfied or a court has ordered release of the lien on the basis that no debt exists or that the debt has been satisfied. The limitations of this subsection do not apply to transfers or conveyances of the property by the owner to the holder of a security interest that was in existence at the time the notice of claim of lien was filed.
(2) The rights of bona fide purchasers for value or persons with a security interest in the personal property are not affected by the creation or the existence of the lien.
(3) Liens filed under ORS 25.670 do not have priority over previously perfected security interests. [1985 c.671 §48; 1999 c.80 §35; 2003 c.73 §39]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.690 - Foreclosure of lien.

A lien arising pursuant to ORS 25.670 may be foreclosed in the manner set out in ORS 87.262 or ORS chapter 18 or in any other manner permitted under law. [1985 c.671 §49; 1999 c.80 §36; 2003 c.576 §577a]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.710 - Duty of district attorney.

(1) Notwithstanding ORS 25.080, the district attorney, except as provided in subsection (2) of this section, shall continue to enforce support enforcement cases until the Department of Justice otherwise directs if:
(a) The case was being enforced by the district attorney on October 1, 1985; and
(b) The case involves any arrearages assigned to the state or any other state.
(2) This section does not apply when the obligor or beneficiary of the support judgment or order is receiving any of the following:
(a) Public assistance; or
(b) Care, support or services under ORS 418.015. [1985 c.671 §51a; 2003 c.73 §40; 2003 c.572 §12; 2003 c.576 §301]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.715 - Child support paid from security deposit.

(1) The court may order that the portion of a security deposit made under ORS 135.265 that would otherwise be returned to the person who made the deposit or the amount of child support arrearages, whichever is less, be paid to an obligee or the Division of Child Support of the Department of Justice if:
(a) The defendant is an obligor who owes child support arrearages;
(b) The obligee or the administrator has filed a motion requesting the court to make such an order;
(c) The obligee or the administrator has served the defendant with a copy of the motion;
(d) The defendant has an opportunity to respond and request a hearing; and
(e) The court has determined that such an order is appropriate.
(2) The court may order that a portion of a security deposit that is forfeited under ORS 135.280 be paid to the division and be applied to any unsatisfied child support judgment and to provide security for child support payments in accordance with ORS 25.230 if:
(a) The defendant is an obligor who owes child support;
(b) The administrator has filed a motion requesting the court to make such an order;
(c) The motion specifies the amount to be applied to the child support judgment under ORS 135.280; and
(d) The court has determined that such an order is appropriate. [1999 c.1030 §5; 2001 c.705 §1; 2011 c.597 §40]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.720 - When support assignable.

(1) Except as provided in ORS 25.125, 412.024, 418.032 or 419B.406 or subsection (2) of this section, the right to receive child or spousal support payments under ORS 25.501 to 25.556 and ORS chapters 107, 108, 109, 110, 419B and 419C is not assignable, and any transaction in violation of this section is void.
(2) Notwithstanding the provisions of subsection (1) of this section, the right to receive support payments is assignable as may be appropriate for the protection of a minor or other person for whom a fiduciary has been appointed under ORS chapter 125 or for whom a trust has been established.
(3) A person may not solicit or accept the assignment of support rights under subsection (1) of this section. [1985 c.671 §52(1),(2),(3); 1993 c.33 §288; 1995 c.514 §12; 1995 c.608 §34; 1995 c.664 §75; 1997 c.385 §3; 2003 c.131 §1; 2019 c.13 §17; 2021 c.597 §55]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.725 - Child Support Deposit Fund.

(1) The Child Support Deposit Fund is established in the State Treasury separate and distinct from the General Fund. Interest earned by the Child Support Deposit Fund shall be credited to the fund. All moneys in the Child Support Deposit Fund are appropriated continuously for use by the Department of Justice as the state disbursement unit.
(2) All moneys received by the department under ORS 25.020 and 25.620 and any other state or federal law authorizing the department to collect or receive child support payments shall be deposited in the Child Support Deposit Fund. The Child Support Deposit Fund is not subject to the provisions of ORS 291.234 to 291.260. [1995 c.262 §2; 1997 c.704 §36; 2003 c.73 §41]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.727 - Garnishing income of person required to provide health insurance for child eligible under Medicaid.

(1) The Department of Justice, or its designee, may garnish the wages, salary or other employment income of, and withhold amounts from state tax refunds to, any person who:
(a) Is required by court or administrative order to provide coverage of the cost of health services to a child eligible for medical assistance under Medicaid; and
(b) Has received payment from a third party for the costs of such services but has not used the payments to reimburse either the other parent or guardian of the child or the provider of the services.
(2) The department, or its designee, may take this action to the extent necessary to reimburse the state Medicaid agency for its costs, but claims for current and past due child support shall take priority over these claims. [1995 c.506 §9; 2003 c.73 §42]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.729 - Application of laws to effectuate purposes of ORS chapter 110.

Any provision in the laws of this state relating to establishment, modification and enforcement of support may be applied to effectuate the purposes of ORS chapter 110 to the extent that such application is not inconsistent with ORS chapter 110. [1995 c.608 §11]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.750 - Suspension of licenses, certificates, permits and registrations; when authorized; rules.

(1) All licenses, certificates, permits or registrations that a person is required by state law to possess in order to engage in an occupation or profession or to use a particular occupational or professional title, all annual licenses issued to individuals by the Oregon Liquor and Cannabis Commission, all driver licenses or permits issued by the Department of Transportation and recreational hunting and fishing licenses, as defined by rule of the Department of Justice, are subject to suspension by the respective issuing entities upon certification to the issuing entity by the administrator that a child support case record is being maintained by the Department of Justice, that the case is being enforced by the administrator under the provisions of ORS 25.080 and that one or both of the following conditions apply:
(a) That the party holding the license, certificate, permit or registration is in arrears under any child support judgment or order, in an amount equal to the greater of three months of support or $2,500, and:
(A) Has not entered into an agreement with the administrator with respect to the child support obligation; or
(B) Is not in compliance with an agreement entered into with the administrator; or
(b) That the party holding the license, certificate, permit or registration has failed, after receiving appropriate notice, to comply with a subpoena or other procedural order relating to a parentage or child support proceeding and:
(A) Has not entered into an agreement with the administrator with respect to compliance; or
(B) Is not in compliance with such an agreement.
(2) The Department of Justice by rule shall specify the conditions and terms of agreements, compliance with which precludes the suspension of the license, certificate, permit or registration. [1993 c.365 §2; 1995 c.620 §1; 1995 c.750 §7; 1997 c.704 §37; 1999 c.80 §11; 2001 c.323 §1; 2001 c.455 §14; 2003 c.73 §43; 2009 c.209 §1; 2017 c.651 §12; 2021 c.351 §1]