Chapter 25 - Support Enforcement
- 25.010 Definitions for support enforcement laws.
As used in ORS chapters 25, 107, 109 and 416 and any other statutes providing for support payments or support enforcement procedures, unless the context...
- 25.011 “Address” defined.
As used in ORS chapters 25, 106, 107, 108, 109, 110 and 416, when a person is required to provide an address, “address” means a...
- 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...
- 25.020 When support payment to be made to Department of Justice; collection agency services; duties of department; credit for payments not made to department; rules.
(1) Support payments for or on behalf of any person that are ordered, registered or filed under this chapter or ORS chapter 107, 108, 109,...
- 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)...
- 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...
- 25.040 [Formerly 23.775; 1993 c.33 §281; 1993 c.448 §3; repealed by 1999 c.80 §95]
- 25.050 [Formerly 23.777; 1989 c.633 §4; 1989 c.726 §4; 1991 c.519 §1; repealed by 1993 c.798 §21]
- 25.060 [Formerly 23.780; repealed by 1999 c.80 §95]
- 25.070 Order may include payment of support enforcement fees; limitation.
Any judgment or order entered in a proceeding for the enforcement of any delinquent support obligation, including an order entered under ORS 25.378, shall include,...
- 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...
- 25.080 Entity primarily responsible for support enforcement services; duties; application fees; rules.
(1) This subsection describes the entity primarily responsible for providing support enforcement services described in subsection (4) of this section for any order or judgment...
- 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...
- 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...
- 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...
- 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...
- 25.089 Enforcement and modification of child support judgments.
(1) As used in this section, “child support judgment” means the terms of a judgment or order of a court, or an order that has...
- 25.090 [Formerly 23.790; repealed by 1999 c.80 §95]
- 25.091 Multiple child support judgments.
(1) As used in this section: (a) “Child support judgment” has the meaning given that term in ORS 25.089. (b) “Governing child support judgment” means...
- 25.100 Transfer of files to county where party resides or property located.
(1) With respect to any order or judgment entered pursuant to ORS 107.095, 107.105, 108.120, 109.155, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter...
- 25.110 Jurisdiction of circuit court in county to which files transferred.
(1) Upon receipt of such certified copies referred to in ORS 25.100, the circuit court of the county to which such certified copies have been...
- 25.120 [Formerly 23.805; 1993 c.33 §284; repealed by 1999 c.80 §95]
- 25.125 Disposition of support obligation overpayments; rules.
(1) The Department of Justice may return moneys to an obligor when the department determines that the obligor has paid more moneys than are due...
- 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...
- 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,...
- 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...
- 25.160 Referral of support cases by district attorney to department; duration of collection services.
(1) For the purposes of ORS 25.020, 25.030, 25.070, 25.080, 25.085 and 25.130 to 25.160, all support cases shall be referred by the district attorney...
- 25.164 Payment of support through Department of Justice.
(1) If the payment method for support payments set forth in the support judgment does not require payments to be made through the Department of...
- 25.167 Procedure for determining arrearages.
This section establishes procedures for determining the amount of arrearage and for making a record of arrearage of support payments. All of the following apply...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 25.220 Computer printouts of administrator; evidence of authenticity not required in support proceedings; evidentiary effect.
(1) In any proceeding to establish, enforce or modify a support obligation, extrinsic evidence of authenticity is not required as a condition precedent to the...
- 25.230 Court authorized to require security for support payments.
Whenever a court has entered an order for the payment of support, the court may provide for such security, bond or other guarantee satisfactory to...
- 25.240 Order to pay support by parent with legal custody of minor.
Notwithstanding any other law, where a court or the administrator has the authority under ORS chapter 107, 108, 109, 110 or 416 or ORS 419B.400...
- 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...
- 25.245 Rebuttable presumption of inability to pay child support when parent receiving certain assistance payments; rules.
(1) Notwithstanding any other provision of Oregon law, a parent who is eligible for and receiving cash payments under ORS 412.001 to 412.069 and 418.647,...
- 25.250 [1987 c.427 §1; repealed by 1993 c.798 §21]
- 25.255 [1989 c.812 §2; 1991 c.67 §4; 1991 c.519 §2; 1993 c.33 §286; 1993 c.800 §1; 1995 c.506 §§12,12a; 1999 c.80 §10; 2003 c.73 §24a; 2003 c.75 §74; repealed by 2003 c.637 §14]
- 25.260 Confidentiality of records; rules.
(1) As used in this section, “Child Support Program” means: (a) The program described in ORS 180.345; (b) The Administrator of the Division of Child...
- 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...
- 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...
- 25.275 Formula for determining child support awards; criteria to be considered; mandated standards; reduction; rules.
(1) The Division of Child Support of the Department of Justice shall establish by rule a formula for determining child support awards in any judicial...
- 25.280 Formula amount presumed correct; rebuttal of presumption; criteria.
In any judicial or administrative proceeding for the establishment or modification of a child support obligation under ORS chapter 107, 108, 109, 110 or 416...
- 25.285 [1989 c.811 §5; repealed by 1991 c.519 §8 (25.287 enacted in lieu of 25.285 in 1993)]
- 25.287 Proceedings to modify orders to comply with formula; when proceeding may be initiated; issues considered.
(1)(a) The entity providing support enforcement services under ORS 25.080 may initiate proceedings to modify a support obligation to ensure that the support obligation is...
- 25.290 Determining disposable income of obligor; offsets; rules.
(1) In determining the disposable income of an obligor, the obligor may claim offsets against gross receipts for ordinary and necessary business expenses and taxes...
- 25.310 [1985 c.671 §4; 1989 c.812 §4; 1991 c.362 §2; repealed by 1993 c.798 §21]
- 25.311 [1993 c.798 §5; 1995 c.608 §32; 1999 c.80 §2; 1999 c.735 §8; 1999 c.849 §§38,39; renumbered 25.378 in 1999]
- 25.313 [1993 c.798 §3; renumbered 25.393 in 1999]
- 25.314 [1993 c.798 §6; 1995 c.272 §6; 1997 c.704 §26; 1999 c.80 §3; renumbered 25.402 in 1999]
- 25.315 [1993 c.798 §7; 1999 c.80 §4; renumbered 25.399 in 1999]
- 25.316 [1993 c.798 §8; 1999 c.80 §5; 1999 c.735 §12; renumbered 25.405 in 1999]
- 25.317 [1993 c.798 §9; 1999 c.735 §11; renumbered 25.396 in 1999]
- 25.318 [1993 c.798 §10; renumbered 25.390 in 1999]
- 25.320 [1985 c.671 §5; 1997 c.704 §27; renumbered 25.164 in 1999]
- 25.321 Definitions for ORS 25.321 to 25.343.
As used in ORS 25.321 to 25.343: (1) “Accessible” means that, unless otherwise provided in a support order: (a) A health benefit plan does not...
- 25.323 Health care coverage; rules.
(1) Except as provided in this section, whenever a child support order is entered or modified under this chapter, ORS chapter 107, 108, 109, 110...
- 25.325 Enforcing health care coverage.
(1) When a child support order requires a party to provide health care coverage for a child under a health benefit plan: (a) The court...
- 25.327 Service of medical support notice.
(1) The enforcing agency shall serve the medical support notice on the providing party’s employer as a withholder. The notice may be served upon the...
- 25.329 Actions required after service of medical support notice; rules.
When the enforcing agency serves a medical support notice on an employer: (1) The employer shall comply with the provisions in the medical support notice;...
- 25.330 [1985 c.671 §6; 1991 c.588 §1; 1995 c.609 §5; 1997 c.704 §28; renumbered 25.167 in 1999]
- 25.331 Obligation to withhold.
(1) Upon notification from the plan administrator that the child is enrolled in the health benefit plan, the employer shall withhold from the providing party’s...
- 25.333 Contesting medical support notice.
(1) When the enforcing agency issues a medical support notice under ORS 25.325, the enforcing agency shall notify the parties by regular mail to the...
- 25.335 Termination of support order.
When support enforcement services are being provided under ORS 25.080, the enforcing agency shall notify the employer when there is no longer in effect a...
- 25.337 Liability.
(1) If the plan administrator or the employer fails to comply with the requirements described in ORS 25.329 or 25.331, the enforcing agency or obligee...
- 25.339 Priority of medical support notice.
A medical support notice issued under ORS 25.325 has priority over any previously filed attachment, execution, garnishment or assignment of income other than a withholding...
- 25.340 [1985 c.671 §7; 1993 c.798 §35; renumbered 25.381 in 1999]
- 25.341 Notice of termination of employer’s relationship with providing party.
When an employer is unable to continue withholding from a providing party’s compensation because the relationship between the employer and the providing party ends, the...
- 25.343 Authorization for reimbursement payments.
The signature of the obligee or guardian of a child covered by a health benefit plan is a valid authorization for purposes of processing an...
- 25.350 [Formerly 23.783; repealed by 1993 c.798 §21]
- 25.351 [1993 c.798 §12; 1995 c.272 §1; 1997 c.704 §29; 1999 c.80 §6; renumbered 25.414 in 1999]
- 25.353 [1993 c.798 §14; 1995 c.272 §7; 1997 c.704 §30; 1999 c.80 §7; renumbered 25.417 in 1999]
- 25.354 [1995 c.272 §4; 1999 c.735 §15; renumbered 25.387 in 1999]
- 25.355 [1993 c.798 §15; 1997 c.704 §31; 1999 c.80 §8; renumbered 25.411 in 1999]
- 25.357 [1993 c.798 §16; renumbered 25.421 in 1999]
- 25.359 [1993 c.798 §17; renumbered 25.408 in 1999]
- 25.360 [Formerly 23.778; repealed by 1993 c.798 §21]
- 25.361 [1993 c.798 §18; repealed by 1999 c.735 §23]
- 25.363 [1993 c.798 §19; 1999 c.80 §9; renumbered 25.424 in 1999]
- 25.365 [1993 c.798 §20; renumbered 25.427 in 1999]
- 25.367 [1993 c.798 §2; 1995 c.608 §33; 1999 c.130 §3; renumbered 25.372 in 1999]
- 25.370 [1985 c.671 §8; 1989 c.812 §5; 1993 c.798 §26; 1997 c.704 §32; renumbered 25.384 in 1999]
- 25.372 Applicability.
ORS 25.372 to 25.427 apply to current support, arrears and interest on arrears, independently or combined, whether arrears are owed to an obligee, the state...
- 25.375 Priority of withholding.
Except as provided in ORS 25.339, withholding under ORS 25.378 has priority over any other legal process under Oregon law against the same income. [Formerly...
- 25.378 Payment of support by income withholding; initiation of income withholding.
(1) Except as otherwise provided in ORS 25.396, when a support order is entered or modified by the Division of Child Support, a district attorney,...
- 25.381 Establishing income withholding as method of paying support; records.
(1) Whenever services are being provided under ORS 25.080, support rights are not and have not at any time during the past five months been...
- 25.384 Statement on withholding in support order.
(1) Any child support order issued or modified after October 1, 1989, shall include a statement in substantially the following form: ______________________________________________________________________________ NOTICE OF INCOME...
- 25.387 Withholding more than amount authorized by law.
Notwithstanding ORS 25.414 and 656.234, the court upon motion of a party holding the support rights, the Division of Child Support or the district attorney,...
- 25.390 Amendment of support order not required for withholding.
Disposable income is subject to an order to withhold to satisfy a support obligation without the need for any amendment to the support order involved...
- 25.393 Remedy additional to other remedies.
Collection of support by withholding income pursuant to ORS chapter 25 is in addition to any other remedy provided by law for the enforcement of...
- 25.396 Exception to withholding; termination of withholding; rules.
(1) When a court or the administrator enters or modifies a support order, the court or administrator may grant an exception to income withholding required...
- 25.399 Notice of order to withhold; contents of notice.
(1) When an order to withhold is issued under ORS 25.378, the party or entity initiating the action shall send notice of the order to...
- 25.402 Service of order on withholder; contents.
(1)(a) The party initiating the support action shall serve the order to withhold on the withholder. The order may be personally served upon the withholder...
- 25.405 Contesting order to withhold; basis.
(1) An obligor contesting an order to withhold issued under ORS 25.378 must do so within 14 days from the date income is first withheld...
- 25.408 Withholding is continuing obligation.
The withholding required by the order is a continuing obligation. The notice and the withholding required by the order remain in effect and are binding...
- 25.410 [1985 c.671 §13a; 1993 c.798 §27; 1993 c.800 §3; repealed by 1995 c.608 §46]
- 25.411 When withholding begins; payment to Department of Justice or obligee.
(1) The withholder shall start withholding not later than the first pay period occurring five days after the date of the order to withhold. However,...
- 25.414 Standard amount to be withheld; processing fee; rules.
(1) The withholder shall withhold from the obligor’s disposable monthly income, other than workers’ compensation under ORS chapter 656 or unemployment compensation under ORS chapter...
- 25.417 Amount to be withheld when obligor paid more frequently than monthly.
When an obligor is required to pay support by income withholding and is paid more often than monthly, the withholder shall withhold up to the...
- 25.420 [1985 c.671 §13; 1993 c.800 §4; repealed by 1995 c.608 §46]
- 25.421 Procedure if withholder does not withhold support.
If for any reason a withholder does not withhold support in any month, the withholder shall explain the reason for not withholding. The withholder shall...
- 25.424 Liability of withholder for withholding and for failing to withhold; unlawful employment practice.
(1) A withholder is not subject to civil liability to an individual or agency for conduct or actions in compliance with an order to withhold...
- 25.427 Rules.
The Department of Justice shall make rules and take action as is necessary to carry out the purposes of ORS 25.372 to 25.427. [Formerly 25.365;...
- 25.430 [1985 c.671 §13b; repealed by 1995 c.608 §46]
- 25.440 [1985 c.671 §14; repealed by 1995 c.608 §46]
- 25.450 [1985 c.671 §15; 1989 c.520 §1; 1993 c.596 §9; 1993 c.798 §28; 1993 c.800 §5; repealed by 1995 c.608 §46]
- 25.460 [1985 c.671 §16; 1993 c.596 §10; 1993 c.798 §29; repealed by 1995 c.608 §46]
- 25.470 [1985 c.671 §17; 1993 c.798 §30; repealed by 1995 c.608 §46]
- 25.480 [1985 c.671 §18; 1993 c.596 §11; 1993 c.798 §36; repealed by 1995 c.608 §46]
- 25.490 [1985 c.671 §19; 1993 c.798 §37; repealed by 1995 c.608 §46]
- 25.500 [1985 c.671 §20; 1993 c.798 §38; repealed by 1995 c.608 §46]
- 25.510 [1985 c.671 §21; 1993 c.798 §39; repealed by 1995 c.608 §46]
- 25.520 [1985 c.671 §22; 1993 c.798 §40; repealed by 1995 c.608 §46]
- 25.530 [1985 c.671 §23; repealed by 1995 c.608 §46]
- 25.610 Procedure to collect support orders from state tax refunds; voluntary withholding; rules.
(1) Whenever support enforcement services are being provided and those services are funded in part through Title IV-D of the Social Security Act (42 U.S.C....
- 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...
- 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...
- 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,...
- 25.643 Disclosure of information on obligors by financial institutions; fees; liability.
(1) The Department of Justice and financial institutions doing business in this state shall enter into agreements to develop and operate a data match system...
- 25.646 Disclosure of financial records of customers by financial institutions; liability.
(1) Upon request of the Department of Justice and the receipt of the certification required under subsection (2) of this section, a financial institution shall...
- 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...
- 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...
- 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,...
- 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...
- 25.700 [1993 c.763 §§2,4; repealed by 2003 c.576 §580]
- 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...
- 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...
- 25.720 When support assignable.
(1) Except as provided in ORS 25.125, 412.024, 418.032, 419B.406 or 419C.597 or subsection (2) of this section, the right to receive child or spousal...
- 25.722 [1993 c.798 §11; renumbered 25.375 in 1999]
- 25.725 Child Support Deposit Fund.
(1) The Child Support Deposit Fund is established in the State Treasury separate and distinct from the General Fund. Interest earned by the Child Support...
- 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...
- 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...
- 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...
- 25.752 Memberships in professional organizations that are required by state law.
As used in ORS 25.750 to 25.783, “licenses, certificates, permits or registrations” includes, but is not limited to, memberships in professional organizations that are required...
- 25.753 [1993 c.365 §3; repealed by 1995 c.620 §13]
- 25.756 Identifying persons holding licenses, certificates, permits and registrations.
The Department of Justice shall enter into agreements regarding the identification of persons who are subject to the provisions of ORS 25.750 to 25.783 and...
- 25.759 Notice to persons subject to suspension; contents.
Upon identification of a person subject to suspension under ORS 25.750 to 25.783, the administrator may issue a notice, sent by regular mail to both...
- 25.762 Agreement between obligor and administrator; effect of failure to contest suspension or to enter into agreement.
(1) If the administrator is contacted within 30 days of the date of the notice specified in ORS 25.759, the administrator and the obligor may...
- 25.765 Procedure if obligor contacts administrator within time limits; hearing.
(1) If the obligor makes the contact within 30 days of the date of the notice as provided for in ORS 25.759, the administrator shall...
- 25.768 Judicial review of order.
The order of the administrative law judge is final and is subject to judicial review as provided in ORS 183.482. Any suspension under ORS 25.750...
- 25.771 Obligor holding more than one license, certificate, permit or registration.
In the event that an obligor holds more than one license, certificate, permit or registration described in ORS 25.750, any determination regarding suspension of one...
- 25.774 Reinstatement.
When, at any time after suspension under ORS 25.750 to 25.783, the conditions resulting in the suspension no longer exist, the administrator shall so notify...
- 25.777 Reimbursing issuing entities for costs incurred.
The Department of Justice shall enter into agreements to reimburse issuing entities for their costs of compliance with ORS 25.750 to 25.783 to the extent...
- 25.780 Other licenses, certificates, permits and registrations subject to suspension.
In addition to any other grounds for suspension provided by law: (1) The Oregon Liquor Control Commission and any entity that issues licenses, certificates, permits...
- 25.783 Confidentiality of information.
Any entity described in ORS 25.756 that receives an inquiry as to the status of a person who has had a license, certificate, permit or...
- 25.785 Issuing entities to require Social Security number.
(1) Any state agency, board or commission that is authorized to issue an occupational, professional, recreational or driver license, certificate, permit or registration subject to...
- 25.790 Hiring or rehiring individual; report required; contents.
(1)(a) An employer shall report to the Division of Child Support of the Department of Justice the hiring or rehiring of an individual who resides...
- 25.792 Confidentiality.
Information received under ORS 25.790 is confidential and exempt from public disclosure, except that the Division of Child Support of the Department of Justice shall...
- 25.794 Verification of employment; information about compensation and benefits; rules.
(1) Upon the request of the administrator or an equivalent agency providing child support services in another state, all persons or entities in the state,...
- 25.990 Penalties.
(1) Violation of ORS 25.720 (3) is a Class A violation. (2) Violation of ORS 25.260 is punishable, upon conviction, by a fine of not...
