71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2494
LC 1774/HB 2494-2
HOUSE AMENDMENTS TO
HOUSE BILL 2494
By COMMITTEE ON JUDICIARY
April 5
On page 1 of the printed bill, line 2, delete 'and' and after
'107.135' insert ', 109.155 and 109.165; and declaring an
emergency.'.
Delete line 3.
Delete lines 7 through 12 and insert:
' { + SECTION 2. + } { + (1) It is the policy of this state:
' (a) To encourage the settlement of suits for marital
annulment, dissolution or separation; and
' (b) For courts to enforce the terms of settlements described
in subsection (2) of this section to the fullest extent possible,
except when to do so would violate the law or would clearly
contravene public policy.
' (2) In a suit for marital annulment, dissolution or
separation, the court may enforce the terms set forth in a
stipulated decree signed by the parties, a decree resulting from
a settlement on the record or a decree incorporating a marital
settlement agreement:
' (a) As contract terms using contract remedies;
' (b) By imposing any remedy available to enforce a decree,
including but not limited to contempt; or
' (c) By any combination of the provisions of paragraphs (a)
and (b) of this subsection.
' (3) A party may seek to enforce an agreement and obtain
remedies described in subsection (2) of this section by filing a
motion, serving notice on the other party in the manner provided
by ORCP 7 and, if a remedy under subsection (2)(b) of this
section is sought, complying with the statutory requirements for
that remedy. All claims for relief arising out of the same acts
or omissions must be joined in the same proceeding.
' (4) Nothing in subsection (2) or (3) of this section limits a
party's ability, in a separate proceeding, to file a motion to
set aside, alter or modify a decree under ORS 107.135 or to seek
enforcement of an ancillary agreement to the decree. + } ' .
On page 4, delete lines 14 through 19 and insert:
' (12)(a) It is the policy of this state:
' (A) To encourage the settlement of cases brought under this
section; and
' (B) For courts to enforce the terms of settlements described
in paragraph (b) of this subsection to the fullest extent
possible, except when to do so would violate the law or would
clearly contravene public policy.
' (b) In a proceeding under subsection (1) of this section, the
court may enforce the terms set forth in a stipulated order or
judgment signed by the parties, an order or judgment resulting
from a settlement on the record or an order or judgment
incorporating a settlement agreement:
' (A) As contract terms using contract remedies;
' (B) By imposing any remedy available to enforce an order or
judgment, including but not limited to contempt; or
' (C) By any combination of the provisions of subparagraphs (A)
and (B) of this paragraph.
' (c) A party may seek to enforce an agreement and obtain
remedies described in paragraph (b) of this subsection by filing
a motion, serving notice on the other party in the manner
provided by ORCP 7 and, if a remedy under paragraph (b)(B) of
this subsection is sought, complying with the statutory
requirements for that remedy. All claims for relief arising out
of the same acts or omissions must be joined in the same
proceeding.
' (d) Nothing in paragraph (b) or (c) of this subsection limits
a party's ability, in a separate proceeding, to file a motion to
modify an order or judgment under subsection (1) of this section
or to seek enforcement of an ancillary agreement to the order or
judgment.'.
Delete line 45.
On page 5, delete lines 1 through 5 and insert:
' (6)(a) It is the policy of this state:
' (A) To encourage the settlement of cases brought under this
section; and
' (B) For courts to enforce the terms of settlements described
in paragraph (b) of this subsection to the fullest extent
possible, except when to do so would violate the law or would
clearly contravene public policy.
' (b) In a proceeding under this section, the court may enforce
the terms set forth in a stipulated decree of paternity signed by
the parties, a decree of paternity resulting from a settlement on
the record or a decree of paternity incorporating a settlement
agreement:
' (A) As contract terms using contract remedies;
' (B) By imposing any remedy available to enforce a decree,
including but not limited to contempt; or
' (C) By any combination of the provisions of subparagraphs (A)
and (B) of this paragraph.
' (c) A party may seek to enforce an agreement and obtain
remedies described in paragraph (b) of this subsection by filing
a motion, serving notice on the other party in the manner
provided by ORCP 7 and, if a remedy under paragraph (b)(B) of
this subsection is sought, complying with the statutory
requirements for that remedy. All claims for relief arising out
of the same acts or omissions must be joined in the same
proceeding.
' (d) Nothing in paragraph (b) or (c) of this subsection limits
a party's ability, in a separate proceeding, to file a motion to
set aside, alter or modify a decree under ORS 109.165 or to seek
enforcement of an ancillary agreement to the decree.'.
After line 7, insert:
' { + SECTION 8. + } ORS 109.165 is amended to read:
' 109.165. { + (1) + } Upon motion of either party the court
may set aside, alter or modify so much of the decree as may
provide for the support of the minor child or child attending
school, as defined in ORS 107.108. As to any installment or
payment of money
{ - which - } { + that + } has accrued up to the time either
party files a motion to set aside, alter or modify the decree,
the decree is final and the court does not have power to change
it. However, the court may allow a credit against child support
arrearages for periods of time, excluding reasonable parenting
time unless otherwise provided by order or decree, during which
the obligated parent has physical custody of the child with the
knowledge and consent of the custodial parent. A child attending
school is a party for purposes of this section.
' { + (2)(a) It is the policy of this state:
' (A) To encourage the settlement of cases brought under this
section; and
' (B) For courts to enforce the terms of settlements described
in paragraph (b) of this subsection to the fullest extent
possible, except when to do so would violate the law or would
clearly contravene public policy.
' (b) In a proceeding under subsection (1) of this section, the
court may enforce the terms set forth in a stipulated order or
judgment signed by the parties, an order or judgment resulting
from a settlement on the record or an order or judgment
incorporating a settlement agreement:
' (A) As contract terms using contract remedies;
' (B) By imposing any remedy available to enforce an order or
judgment, including but not limited to contempt; or
' (C) By any combination of the provisions of subparagraphs (A)
and (B) of this paragraph.
' (c) A party may seek to enforce an agreement and obtain
remedies described in paragraph (b) of this subsection by filing
a motion, serving notice on the other party in the manner
provided by ORCP 7 and, if a remedy under paragraph (b)(B) of
this subsection is sought, complying with the statutory
requirements for that remedy. All claims for relief arising out
of the same acts or omissions must be joined in the same
proceeding.
' (d) Nothing in paragraph (b) or (c) of this subsection limits
a party's ability, in a separate proceeding, to file a motion to
modify an order or judgment under subsection (1) of this section
or to seek enforcement of an ancillary agreement to the order or
judgment. + }
' { + SECTION 9. + } { + The amendments to ORS 109.165 by
section 8 of this 2001 Act apply to orders or judgments entered
under ORS 109.165 before, on or after the effective date of this
2001 Act. + }
' { + SECTION 10. + } { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect on its passage. + } ' .
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