71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2072
 
LC 559/HB 2072-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2072
 
                    By COMMITTEE ON JUDICIARY
 
                            April 12
 
  On page 1 of the printed bill, delete lines 5 through 11 and
insert:
  '  { +  SECTION 2. + }  { + (1) As used in this section,
'apportioned veterans' benefits' means the amount the United
States Department of Veterans Affairs deducts from a veteran's
award and disburses to the child of the veteran or the
representative payee of the child.
  ' (2) Notwithstanding any other law and except as provided in
ORS 110.411, Social Security benefits or apportioned veterans'
benefits received on behalf of a child due to an obligor's
disability or retirement are rebuttably presumed to be applied as
a dollar for dollar credit toward the obligor's monthly child
support obligation under an Oregon order if the benefits were not
previously considered in the calculation of the child support
obligation.
  ' (3)(a) Upon written documentation provided by a party to a
support order of the receipt of the benefits described in
subsection (2) of this section, the entity responsible for
support enforcement services under ORS 25.080 shall provide
notice of the presumption to the obligor and obligee and shall
inform all parties to the support order that unless a party
objects as provided in subsection (4) of this section the amount
owing under the Oregon monthly child support obligation shall be
credited by the dollar amount of the benefits described in
subsection (2) of this section. Any credit given may not exceed
the amount of the monthly child support obligation.
  ' (b) Credit shall be applied against the support payment
beginning the month following the date of the notice described in
paragraph (a) of this subsection. Credit for benefits received
before the date of the notice shall be allowed as provided in ORS
107.135 (6)(b).
  ' (c) The entity responsible for support enforcement services
shall serve the notice on the obligee in the manner provided for
service of summons in a civil action or by certified mail, return
receipt requested, and shall serve the notice on the obligor by
first class mail to the obligor's last known address.
  ' (4) A party may object to the presumption by sending an
objection to the entity responsible for support enforcement
services within 20 days after the date of service of the notice.
The objection must describe the resources available to the
obligor or other evidence that might rebut the presumption that a
dollar for dollar credit should be applied to the child support
obligation. The entity receiving the objection shall cause the
case to be set for a hearing before a court or a hearings
officer.  The court or hearings officer may consider only whether
the presumption has been rebutted.
  ' (5) Application of the presumption of credit rights created
by this section does not constitute a modification but does not
limit the right of any party to seek a modification of a support
order based upon a change of circumstances or pursuant to ORS
25.287 or any other provision of law. In determining whether a
change in circumstances has occurred or whether two years have
elapsed since entry of a support order, the court or hearings
officer may not consider any action taken under this section as
entry of a support order. The presumption set forth in subsection
(2) of this section applies in any modification proceeding. + } '
.
  In line 23, after the semicolon insert 'and'.
  Delete lines 24 through 26.
  In line 27, delete '(i)' and insert '(h)'.
  On page 3, delete lines 10 through 13.
  Delete lines 23 through 33.
  On page 4, line 25, after 'a' insert 'dollar for dollar'.
  On page 5, delete lines 5 through 7.
                         ----------