71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1377
 
                         Senate Bill 165
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Legislative Counsel
  Committee for Representative Kevin Mannix)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Provides that child support arrearages have priority over
general creditors and certain other claims in probated estate in
which assets of estate are not sufficient to pay all claims.
 
                        A BILL FOR AN ACT
Relating to child support; creating new provisions; and amending
  ORS 115.125.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 115.125 is amended to read:
  115.125. (1) If the applicable assets of the estate are
insufficient to pay all expenses and claims in full, the personal
representative shall make payment in the following order:
  (a) Support of spouse and children, subject to the limitations
imposed by ORS 114.065.
  (b) Expenses of administration.
  (c) Expenses of a plain and decent funeral and disposition of
the remains of the decedent.
  (d) Debts and taxes with preference under federal law.
  (e) Reasonable and necessary medical and hospital expenses of
the last illness of the decedent, including compensation of
persons attending the decedent.
  (f) Taxes with preference under the laws of this state that are
due and payable while possession of the estate of the decedent is
retained by the personal representative.
  (g) Debts owed employees of the decedent for labor performed
within 90 days immediately preceding the date of death of the
decedent { + , and all child support arrearages + }.
  (h) The claim of the Adult and Family Services Division for the
net amount of public assistance, as defined in ORS 411.010, paid
to or for the decedent, and the claim of the Mental Health and
Developmental Disability Services Division for care and
maintenance of any decedent who was at a state institution to the
extent provided in ORS 179.610 to 179.770.
  (i) All other claims against the estate.
  (2) If the applicable assets of the estate are insufficient to
pay in full all expenses or claims of any one class specified in
 
subsection (1) of this section, each expense or claim of that
class shall be paid only in proportion to the amount thereof.
  SECTION 2.  { + The amendments to ORS 115.125 by section 1 of
this 2001 Act apply only to estates for which petitions are filed
under ORS 113.035 on or after the effective date of this 2001
Act. + }
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