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 712
A-Engrossed
Senate Bill 338
Ordered by the Senate February 20
Including Senate Amendments dated February 20
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 Attorney General Hardy
Myers for Department of Justice)
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.
Modifies provisions dealing with exchange of information when
child support payments are made to Department of Justice.
A BILL FOR AN ACT
Relating to contact with represented parties in child support
cases; amending ORS 25.020.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 25.020 is amended to read:
25.020. (1) Support payments for or on behalf of any person,
ordered, registered or filed pursuant to ORS chapter 25, 107,
108, 109, 110, 416, 419B or 419C, unless otherwise authorized by
ORS 25.030, shall be made to the Department of Justice, as the
state disbursement unit:
(a) During periods for which support is assigned pursuant to
ORS 418.032, 418.042, 419B.406 or 419C.597;
(b) As provided by rules adopted pursuant to ORS 409.021 or
under ORS 180.340, when public assistance as defined by ORS
411.010 is provided to a person who receives or has a right to
receive support payments on the person's own behalf or on behalf
of another person;
(c) After the assignment of support terminates for as long as
amounts assigned remain owing;
(d) For any period during which support enforcement services
are provided pursuant to the child support enforcement program
created by Title IV-D of the Social Security Act or pursuant to
ORS 25.080;
(e) When ordered by the court pursuant to ORS 419B.400;
(f) When a support order that is entered or modified on or
after January 1, 1994, includes a provision requiring the obligor
to pay support by income withholding; or
(g) When ordered by the court under any other applicable
provision of law.
(2) The Department of Justice shall disburse payments, after
lawful deduction of fees and in accordance with applicable
statutes and rules, to those persons and entities that are
lawfully entitled to receive such payments.
(3) The Department of Justice may immediately transmit payments
received from any obligor who has not previously tendered any
payment by a check or instrument which was not paid or was
dishonored, to the obligee, without waiting for payment or
clearance of the check or instrument received.
(4) The Department of Justice shall notify each obligor and
obligee by mail when support payments shall be made to the
Department of Justice and when the obligation to make payments in
this manner shall cease.
{ + (5)(a) + } The { - department - } { +
administrator + } shall provide information about a child support
account directly to a party to the support order regardless of
whether the party is represented by an attorney. As used in this
subsection, 'information about a child support account'
{ - includes, but is not limited to - } { + means + } the:
{ - (a) - } { + (A) + } Date of issuance of the support
order.
{ - (b) - } { + (B) + } Amount of the support order.
{ - (c) - } { + (C) + } Dates and amounts of payments.
{ - (d) - } { + (D) + } Dates and amounts of disbursements.
{ - (e) - } { + (E) + } Payee of any disbursements.
{ - (f) - } { + (F) + } Amount of any arrearage.
{ - (g) - } { + (G) + } Source of any collection.
{ + (b) Nothing in this subsection limits the information the
administrator may provide by law to a party who is not
represented by an attorney. + }
{ - (5) - } { + (6) + } Any pleading for the entry or
modification of a support order must contain a statement that
payment of support under a new or modified order will be by
income withholding unless an exception to payment by income
withholding is granted under ORS 25.396.
{ - (6)(a) - } { + (7)(a) + } Except as provided in
paragraph (d) of this subsection, a decree or order establishing
paternity or including a provision concerning support shall
contain the residence, mailing or contact address, Social
Security number, telephone number and driver license number of
each party and the name, address and telephone number of all
employers of each party.
(b) The decree or order shall also include notice that the
obligor and obligee:
(A) Must inform the court and the Department of Justice in
writing of any change in the information required by this
subsection within 10 days after such change; and
(B) May request that the Department of Human Services review
the amount of support ordered after two years or at any time upon
a substantial change of circumstances.
(c) The Department of Justice may require of the parties any
additional information that is necessary for the provision of
support enforcement services under ORS 25.080.
(d)(A) Upon a finding, that may be made ex parte, that the
health, safety or liberty of a party or child would unreasonably
be put at risk by the disclosure of information specified in this
subsection or by the disclosure of other information concerning a
child or party to a paternity or support proceeding or if an
existing order so requires, a court or administrator or hearings
officer, when the proceeding is administrative, shall order that
the information not be contained in any document provided to
another party or otherwise disclosed to a party other than the
state.
(B) The Department of Human Services shall adopt rules
providing for similar confidentiality for information described
in subparagraph (A) of this paragraph that is maintained by an
entity providing support enforcement services under ORS 25.080.
{ - (7)(a) - } { + (8)(a) + } Except as otherwise provided
in paragraph (b) of this subsection, in any subsequent child
support enforcement action, the court or administrator, upon a
showing of diligent effort made to locate the obligor or obligee,
may deem due process requirements to be met by mailing notice to
the last-known residential, mailing or employer address or
contact address as provided in ORS 25.085.
(b) Service of an order directing an obligor to appear in a
contempt proceeding is subject to ORS 33.015 to 33.155.
{ - (8) - } { + (9) + } Subject to ORS 25.030, this
section, to the extent it imposes any duty or function upon the
Department of Justice, shall be deemed to supersede any
provisions of ORS chapters 107, 108, 109, 416, 419A, 419B and
419C and ORS 110.303 to 110.452 that would otherwise impose the
same duties or functions upon the county clerk or the Department
of Human Services.
{ - (9) - } { + (10) + } Except as provided for in
subsections { - (10), (11) and (12) - } { + (11), (12) and
(13) + } of this section, credit shall not be given for payments
not made to the Department of Justice as required pursuant to
subsection (1) of this section.
{ - (10) - } { + (11) + } The Department of Justice shall
give credit for payments not made to the Department of Justice
when:
(a) Payments are not assigned to this or another state and the
obligee and obligor agree in writing that specific payments were
made and should be credited;
(b) Payments are assigned to the State of Oregon, the obligor
and obligee make sworn written statements that specific payments
were made, canceled checks or other substantial evidence is
presented to corroborate their statements and the obligee has
been given prior written notice of any potential criminal or
civil liability that may attach to an admission of the receipt of
assigned support;
(c) Payments are assigned to another state and that state
verifies that payments not paid to the Department of Justice were
received by the other state; or
(d) As provided by rule adopted pursuant to ORS 409.021 or
under ORS 180.340.
{ - (11) - } { + (12) + } An obligor may apply to the
Department of Justice for credit for payments made other than to
the Department of Justice. If the obligee or other state does not
provide the agreement, sworn statement or verification required
by subsection
{ - (10) - } { + (11) + } of this section, credit may be
given pursuant to order of a hearings officer of the Department
of Human Services after notice and opportunity to object and be
heard are given to both obligor and obligee. Notice shall be
served upon the obligee as provided by ORS 25.085. Notice to the
obligor may be by regular mail at the address provided in the
application for credit. A hearing conducted under this subsection
is a contested case hearing and ORS 183.413 to 183.470 apply. Any
party may seek a hearing de novo in the circuit court.
{ - (12) - } { + (13) + } Nothing in this section precludes
the Department of Justice from giving credit for payments not
made to the Department of Justice when there has been a
judicially determined credit or satisfaction or when there has
been a satisfaction of support executed by the person to whom
support is owed.
{ - (13) - } { + (14) + } The Department of Human Services
shall adopt rules that:
(a) Direct how support payments that are made through the
Department of Justice are to be applied and distributed; and
(b) Are consistent with federal regulations.
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