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 710
(Including Amendments to Resolve Conflicts)
B-Engrossed
Senate Bill 339
Ordered by the House May 11
Including Senate Amendments dated February 20 and House
Amendments
dated May 11
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 definition of administrator for purposes of support
enforcement to make definition consistent. { + Expands
rebuttable presumption of inability to pay child support for
parent receiving certain general assistance payments. + } Directs
Department of Human Services to adopt rules relating to
distribution of support collections made by Department of
Revenue. { + Revises provisions dealing with income withholding
when obligor is paid more than once per month. Clarifies right of
Oregon Youth Authority to support payments when beneficiary of
payments is in custody of authority. Clarifies enforcement of
child support obligation from certain workers' compensation lump
sum payments. + } Clarifies procedure for cross-checking identity
of lottery winners against obligors who are delinquent in paying
child support.
{ + Takes effect on 91st day following adjournment sine
die. + }
A BILL FOR AN ACT
Relating to the administration of the child support program;
creating new provisions; and amending ORS 25.010, 25.020,
25.240, 25.245, 25.287, 25.414, 25.417, 25.610, 25.620, 25.646,
25.750, 25.759, 29.125, 109.070, 109.252, 109.254, 110.304,
416.400, 416.480, 419C.597, 432.206, 461.715, and 656.234; and
prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 25.010 is amended to read:
25.010. As used in ORS chapters { - 23 - } { + 25, 29 + },
107, { - 108, - } 109 { - , 293, - } { + and + } 416
{ - and 418 - } and ORS { - 25.010 to 25.243 and - } 110.303
to 110.452 and any other statutes providing for support payments
or support enforcement procedures, unless the context requires
otherwise:
(1) 'Administrator' means either the Administrator of the
Division of Child Support of the Department of Justice or a
district attorney, or the administrator's or a district
attorney's authorized representative.
(2) 'Department' means the Department of Justice.
(3) 'Disposable income' means that part of the income of an
individual remaining after the deduction from the income of any
amounts required to be withheld by law except laws enforcing
spousal or child support and any amounts withheld to pay medical
or dental insurance premiums.
(4) 'Employer' means any entity or individual who engages an
individual to perform work or services for which compensation is
given in periodic payments or otherwise.
(5) 'Income' is any monetary obligation in excess of $4.99
after the fee described in ORS 25.414 (6) has been deducted that
is in the possession of a third party owed to an obligor and
includes but is not limited to:
(a) Compensation paid or payable for personal services whether
denominated as wages, salary, commission, bonus or otherwise;
(b) Periodic payments pursuant to a pension or retirement
program;
(c) Cash dividends arising from stocks, bonds or mutual funds;
(d) Interest payments;
(e) Periodic payments from a trust account;
(f) Any program or contract to provide substitute wages during
times of unemployment or disability;
(g) Any payment pursuant to ORS chapter 657; or
(h) Amounts payable to independent contractors.
(6) 'Obligee' means a child or caretaker parent or custodian,
spouse, former spouse or other dependent person for whose benefit
a court or the administrator { - , as defined in ORS
416.400, - } has ordered a payment of support.
(7) 'Obligor' means any person who has been ordered by a court
or the administrator { - , as defined in ORS 416.400, - } to
make payments for the support of a child or a caretaker parent or
custodian, spouse, former spouse or other dependent person.
(8) 'Order to withhold' means an order or other legal process
that requires a withholder to withhold support from the income of
an obligor.
(9) 'Withholder' means any person who disburses income and
includes but is not limited to an employer, conservator, trustee
or insurer of the obligor.
SECTION 2. 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. The department 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 the:
(a) Date of issuance of the support order.
(b) Amount of the support order.
(c) Dates and amounts of payments.
(d) Dates and amounts of disbursements.
(e) Payee of any disbursements.
(f) Amount of any arrearage.
(g) Source of any collection.
(5) 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) 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 - } { + administrator + } 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 - }
{ + administrator + } review the amount of support ordered
after two years or at any time upon a substantial change of
circumstances.
(c) The { - Department of Justice - } { + administrator + }
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 - } { + hearing + } 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) 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) 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) Except as provided for in subsections (10), (11) and (12)
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) 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) 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) of
this section, credit may be given pursuant to order of a
{ - hearings officer of the Department of Human Services - }
{ + hearing officer assigned from the Hearing Officer Panel
established under section 3, chapter 849, Oregon Laws 1999, + }
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) 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) 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.
SECTION 3. ORS 25.020, as amended by section 2 of this 2001
Act, 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. The department 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 the:
(a) Date of issuance of the support order.
(b) Amount of the support order.
(c) Dates and amounts of payments.
(d) Dates and amounts of disbursements.
(e) Payee of any disbursements.
(f) Amount of any arrearage.
(g) Source of any collection.
(5) 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) 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 administrator in writing of
any change in the information required by this subsection within
10 days after such change; and
(B) May request that the administrator review the amount of
support ordered after two years or at any time upon a substantial
change of circumstances.
(c) The administrator 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 hearing
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) 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) 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) Except as provided for in subsections (10), (11) and (12)
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) 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) 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) of
this section, credit may be given pursuant to order of a hearing
officer { - assigned from the Hearing Officer Panel established
under section 3, chapter 849, Oregon Laws 1999, - } { + 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) 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) 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.
SECTION 4. { + The amendments to ORS 25.020 by section 3 of
this 2001 Act become operative on January 1, 2004. + }
SECTION 5. ORS 25.240 is amended to read:
25.240. { - (1) - } Notwithstanding any other law, where a
court or the administrator has the authority under ORS chapter
107, 108, 109 or 416 { - , - } or ORS 110.303 to 110.452,
419B.400 to 419B.406 or 419C.590, 419C.592 and 419C.597 to
require a parent without legal custody to pay support for a minor
child, then the court or administrator may require a parent with
legal custody to pay support for such a child as long as that
parent does not have physical custody of such child or is not
providing the child with the necessities of life, including but
not limited to lodging, food and clothing.
{ - (2) For purposes of this section, 'administrator' means
an administrator as defined in ORS 416.400. - }
SECTION 6. ORS 25.245 is amended to read:
25.245. (1) Notwithstanding any other provision of Oregon law,
a parent who is eligible for and receiving cash payments
{ - made by the Department of Human Services - } under Title
IV-A of the Social Security Act { + , + } { - or under - } the
general assistance { + program as provided in ORS chapter 411 or
a general assistance program of another state or tribe, + }
{ - or - } { + the + } Oregon Supplemental { - Security - }
Income { - Programs or cash payments made by the Social
Security Administration under - } { + Program or + } the
{ + federal + } Supplemental Security Income Program shall be
rebuttably presumed unable to pay child support and a child
support obligation does not accrue unless the presumption is
rebutted.
(2) Each month, the Department of Human Services shall identify
those persons receiving cash payments under the programs listed
in subsection (1) of this section { + that are administered by
the State of Oregon + } and provide that information to the
{ - district attorney and the Division of Child Support of the
Department of Justice. - } { + administrator. If benefits are
received from programs listed in subsection (1) of this section
that are administered by other states, tribes or federal
agencies, the obligor shall provide the administrator with
written documentation of the benefits. The Department of Human
Services shall adopt rules to implement this subsection.
(3) + } { - The district attorney and the Division of Child
Support - } { + The administrator + } shall refer to the
information { + provided in subsection (2) of this section + }
prior to establishing any child support obligation. Within 30
days following identification of persons under { - this - }
subsection { + (2) of this section + }, the entity responsible
for support enforcement services under ORS 25.080 shall provide
notice of the presumption to the obligee and obligor and shall
inform all parties to the support order that, unless a party
objects as provided in subsection { - (3) - } { + (4) + } of
this section, child support shall cease accruing beginning with
the support payment due on or after the date the obligor first
begins receiving the cash payments and continuing through the
support payment due in the last month in which the obligor
received the cash payments. The entity responsible for support
enforcement services shall serve the notice on the obligee in the
manner provided for the 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. The notice shall specify the month in which
cash payments are first made and shall contain a statement that
the { - district attorney and the Division of Child Support
represent - } { + administrator represents + } the state and
that low cost legal counsel may be available.
{ - (3) - } { + (4) + } A party may object to the
presumption by sending an objection to the entity responsible for
support enforcement services under ORS 25.080 within 20 days
after the date of service of the notice. The objection must
describe the resources of the obligor or other evidence that
might rebut the presumption of inability to pay child support.
The entity receiving the objection shall cause the case to be set
for a hearing before a court or a
{ - hearings - } { + hearing + } officer. The court or
{ - hearings - } { + hearing + } officer may consider only
whether the presumption has been rebutted.
{ - (4) - } { + (5) + } If no objection is made, or if the
court or
{ - hearings - } { + hearing + } officer finds that the
presumption has not been rebutted, the Department of Justice
shall discontinue billing the obligor for the period of time
described in subsection { - (2) - } { + (3) + } of this
section and no arrearage shall accrue for the period during which
the obligor is not billed. In addition, the entity providing
support enforcement services shall file with the circuit court in
which the support order or decree has been entered or docketed a
copy of the notice described in subsection { - (2) - }
{ + (3) + } of this section or, if an objection is made and the
presumption is not rebutted, a copy of the { - hearings - }
{ + hearing + } officer's order.
{ - (5)(a) - } { + (6)(a) + } Within 30 days after the date
the obligor ceases receiving cash payments under a program listed
in subsection (1) of this section, the Department of Justice
shall provide notice to all parties to the support order:
(A) Specifying the last month in which a cash payment was made;
(B) Stating that the payment of those benefits has terminated
and that by operation of law billing and accrual of support
resumes; and
(C) Informing the parties of their rights to request a review
and modification of the support order based on a substantial
change in circumstance or pursuant to ORS 25.287 or any other
provision of law.
(b) The notice shall include a statement that the
{ - district attorney and the Division of Child Support
represent - } { + administrator represents + } the state and
that low cost legal counsel may be available.
(c) The entity providing enforcement services shall file a copy
of the notice required by paragraph (a) of this subsection with
the circuit court in which the support order or decree has been
entered or docketed.
{ - (6) - } { + (7) + } Receipt by a child support obligor
of cash payments under any of the programs listed in subsection
(1) of this section shall be sufficient cause for a court or
{ - hearings - } { + hearing + } officer to allow a credit and
satisfaction against child support arrearage for months that the
obligor received the cash payments.
{ - (7) - } { + (8) + } The notice and finding of financial
responsibility required by ORS 416.415 shall include notice of
the presumption, nonaccrual and arrearage credit rights provided
for in this section.
{ - (8) - } { + (9) + } The presumption, nonaccrual and
arrearage credit rights created by this section shall apply
whether or not child support enforcement services are being
provided under Title IV-D of the Social Security Act.
{ - (9) - } { + (10) + } Application of the presumption,
nonaccrual and arrearage 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 - }
{ + hearing + } officer may not consider any action taken under
this section as entry of a support order. The presumption stated
in subsection (1) of this section applies in any modification
proceeding.
SECTION 7. ORS 25.287 is amended to read:
25.287. (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 in
accordance with the formula established { - by this chapter - }
{ + under ORS 25.270 to 25.287 + }.
(b) Proceedings under this subsection may occur only after two
years have elapsed from the later of the following:
(A) The date the original support obligation took effect;
(B) The date any previous modification of the support
obligation took effect; or
(C) The date of any previous review and determination under
this subsection that resulted in no modification of the support
obligation.
(c) For purposes of paragraph (b) of this subsection, a support
obligation or modification takes effect on the first date on
which the obligor is to pay the established or modified support
amount.
(d) The only issues at proceedings under this subsection are
whether two years have elapsed, as described in paragraph (b) of
this subsection, and whether the support obligation is in
substantial compliance with the formula established { - by this
chapter - } { + under ORS 25.270 to 25.287 + }.
{ + (e) Upon review, if the administrator determines that a
support obligation does not qualify for modification under this
section, a party may appeal the determination. A hearing on the
appeal shall be conducted by a hearing officer assigned from the
Hearing Officer Panel established under section 3, chapter 849,
Oregon Laws 1999. Appeal of the order of the hearing officer may
be taken to the circuit court of the county in which the support
obligation has been entered, docketed or registered for a hearing
de novo. The appeal to the court shall be by petition for review
filed within 60 days after the order of the hearing officer has
been docketed. + }
{ - (e) - } { + (f) + } If the court, the administrator or
the { - hearings - } { + hearing + } officer finds that more
than two years have elapsed, as described in paragraph (b) of
this subsection, the court, the administrator or the
{ - hearings - } { + hearing + } officer shall modify the
support order to bring the support obligation into substantial
compliance with the formula established { - by this chapter - }
{ + under ORS 25.270 to 25.287 + }, regardless of whether there
has been a substantial change in circumstances since the support
obligation was last established, modified or reviewed. { +
Proceedings by the administrator or hearing officer under this
subsection shall be conducted according to the provisions of ORS
416.425 and 416.427. + }
{ - (f) - } { + (g) + } The provisions of this subsection
apply to any support obligation established by a support order
under ORS chapter 24, 107, 108, 109 or 416 or ORS 110.303 to
110.452, 419B.400 or 419C.590.
(2) The administrator, court or { - hearings - }
{ + hearing + } officer may use the provisions of subsection (1)
of this section when a support order was entered in another state
and registered in Oregon, the provisions of ORS 110.303 to
110.452 apply and more than two years have elapsed as provided in
subsection (1)(b) of this section.
(3) Notwithstanding the provisions of this section, proceedings
may be initiated at any time to modify a support obligation based
upon a substantial change of circumstances under any other
provision of law.
(4) The obligee is a party to any action to modify a support
obligation under this section.
SECTION 8. ORS 25.287, as amended by section 7 of this 2001
Act, is amended to read:
25.287. (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 in
accordance with the formula established under ORS 25.270 to
25.287.
(b) Proceedings under this subsection may occur only after two
years have elapsed from the later of the following:
(A) The date the original support obligation took effect;
(B) The date any previous modification of the support
obligation took effect; or
(C) The date of any previous review and determination under
this subsection that resulted in no modification of the support
obligation.
(c) For purposes of paragraph (b) of this subsection, a support
obligation or modification takes effect on the first date on
which the obligor is to pay the established or modified support
amount.
(d) The only issues at proceedings under this subsection are
whether two years have elapsed, as described in paragraph (b) of
this subsection, and whether the support obligation is in
substantial compliance with the formula established under ORS
25.270 to 25.287.
(e) Upon review, if the administrator determines that a support
obligation does not qualify for modification under this section,
a party may appeal the determination. A hearing on the appeal
shall be conducted by a hearing officer { - assigned from the
Hearing Officer Panel established under section 3, chapter 849,
Oregon Laws 1999 - } { + appointed by the Employment
Department + }. Appeal of the order of the hearing officer may be
taken to the circuit court of the county in which the support
obligation has been entered, docketed or registered for a hearing
de novo. The appeal to the court shall be by petition for review
filed within 60 days after the order of the hearing officer has
been docketed.
(f) If the court, the administrator or the hearing officer
finds that more than two years have elapsed, as described in
paragraph (b) of this subsection, the court, the administrator or
the hearing officer shall modify the support order to bring the
support obligation into substantial compliance with the formula
established under ORS 25.270 to 25.287, regardless of whether
there has been a substantial change in circumstances since the
support obligation was last established, modified or reviewed.
Proceedings by the administrator or hearing officer under this
subsection shall be conducted according to the provisions of ORS
416.425 and 416.427.
(g) The provisions of this subsection apply to any support
obligation established by a support order under ORS chapter 24,
107, 108, 109 or 416 or ORS 110.303 to 110.452, 419B.400 or
419C.590.
(2) The administrator, court or hearing officer may use the
provisions of subsection (1) of this section when a support order
was entered in another state and registered in Oregon, the
provisions of ORS 110.303 to 110.452 apply and more than two
years have elapsed as provided in subsection (1)(b) of this
section.
(3) Notwithstanding the provisions of this section, proceedings
may be initiated at any time to modify a support obligation based
upon a substantial change of circumstances under any other
provision of law.
(4) The obligee is a party to any action to modify a support
obligation under this section.
SECTION 9. { + The amendments to ORS 25.287 by section 8 of
this 2001 Act become operative on January 1, 2004. + }
SECTION 10. ORS 25.414 is amended to read:
25.414. (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
657, the amount stated in the order to withhold. The entity
issuing the order to withhold shall compute this amount subject
to the following:
(a) If withholding is for current support only, the amount to
be withheld is the amount specified as current support in the
support order.
(b) If withholding is for current support and there is an
arrearage, the amount to be withheld is 120 percent of the amount
specified as current support in the support order.
(c) If withholding is only for arrearage, the amount to be
withheld is one of the following:
(A) The amount of the last ordered monthly support.
(B) If there is no last ordered monthly support amount, the
monthly support amount used to calculate the arrearage amount
specified in the order or judgment for arrearage.
(C) If there is no last ordered monthly support amount and if
there was no monthly support amount, an amount calculated under
the formula established under ORS 25.275. For purposes of this
subparagraph, this calculation shall be based on the obligor's
current monthly gross income or, if the obligor's current monthly
gross income is not known, the Oregon hourly minimum wage
converted to a monthly amount based upon a 40-hour workweek, zero
income for the obligee, and one joint child, regardless of how
many children the parties may actually have. No rebuttals to this
calculation may be allowed.
(d) Notwithstanding the amount determined to be withheld under
paragraph (c) of this subsection, the obligor must retain
disposable monthly income of at least 160 times the applicable
federal minimum hourly wage prescribed by section 6 (a)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206) or any future
minimum hourly wages prescribed in that section.
(2) The amount to be withheld from unemployment compensation
under ORS chapter 657 is calculated as follows:
(a) If withholding is for a current support order, regardless
of the existence of arrearage, the amount to be withheld is the
lesser of:
(A) Twenty-five percent of the benefits paid; or
(B) The current monthly support obligation.
(b) If withholding is for arrearage only, the amount to be
withheld is the lesser of:
(A) Fifteen percent of the benefits paid; or
(B) The amount of the last ordered monthly support.
(c) No processing fee shall be charged or collected when
withholding from { - employment - } { + unemployment + }
compensation.
(3) The amount to be withheld from workers' compensation under
ORS chapter 656 is set forth in ORS 656.234.
(4) Notwithstanding any other provision of this section, when
withholding is from a lump sum payment or benefit, including but
not limited to retroactive workers' compensation benefits, lump
sum retirement plan disbursements or withdrawals, insurance
payments or settlements, severance pay, bonus payments or any
other similar payments or benefits that are not periodic
recurring income, the amount subject to withholding for payment
of a support obligation may not exceed one-fourth of the amount
of the lump sum payment or benefit.
(5) Notwithstanding any other provision of this section, when
withholding is only for arrearage assigned to this or another
state, the Department of Justice may set a lesser amount to be
withheld if the obligor demonstrates the withholding is
prejudicial to the obligor's ability to provide for a child the
obligor has a duty to support. The Department of Human Services
shall adopt rules to implement this subsection.
(6) Except as provided in subsection (2) of this section, the
withholder may deduct from the obligor's disposable income a
monthly processing fee not to exceed $5. The processing fee is in
addition to the amount calculated to be withheld for support,
unless the amount to be withheld for support is the maximum
allowed under subsection (8) of this section, in which case the
fee is deducted from the amount withheld as support.
(7) If there are multiple withholding orders against the same
obligor, the amount to be withheld is the sum of each support
order calculated independently.
(8) No withholding as calculated under this section, including
the processing fee permitted in subsection (6) of this section,
shall exceed 50 percent of the obligor's net disposable income.
The limit established in this subsection applies whenever
withholding is implemented under this section, whether by a
single order or by multiple orders against the same obligor.
(9) When the obligor's income is not sufficient for the
withholder to fully comply with each withholding order, the
withholder shall withhold the maximum amount allowed under this
section. If all withholding orders for a particular obligor are
payable to or through the Department of Justice, the withholder
shall pay to the Department of Justice the income withheld and
the Department of Justice shall determine priorities for
allocating income withheld to multiple child support cases
relative to that obligor. If one or more of the withholding
orders for a particular obligor require payment other than to or
through the Department of Justice, the withholder shall use the
following to determine priorities for withholding and allocating
income withheld to multiple child support cases:
(a) If the amount withheld from the obligor's income is
sufficient to pay the current support due to each case but is not
enough to fully comply with the withholding order for each case
where past due support is owed, the withholder shall:
(A) Pay to each case the amount of support due for the current
month; and
(B) Pay the remainder of the amount withheld in equal amounts
to each case where arrearages are owed. However, no case shall
receive more than the total amount of current support and past
due support owed to that case at the time the payment is made.
(b) If the amount withheld is not sufficient to pay the current
support due to each case, each case shall be paid a proportionate
share of the amount withheld. The withholder shall determine this
for each case by dividing the monthly amount ordered as current
support for that case by the combined monthly amount ordered as
current support for all cases relative to the same obligor, and
multiplying this percentage by the total amount withheld.
(10) An order to withhold income is not subject to the
limitations of ORS 23.185.
(11) A withholder shall withhold funds as directed in the order
to withhold, except that when a withholder receives an
income-withholding order issued by another state, the withholder
shall apply the income-withholding law of the state of the
obligor's principal place of employment in determining:
(a) The withholder's fee for processing an income-withholding
order;
(b) The maximum amount permitted to be withheld from the
obligor's income;
(c) The time periods within which the withholder must implement
the income-withholding order and forward the child support
payment;
(d) The priorities for withholding and allocating income
withheld for multiple child support obligees; and
(e) Any withholding terms or conditions not specified in the
order.
SECTION 11. ORS 25.417 is amended to read:
25.417. { - If the obligor's support obligation is required
to be paid monthly and pay periods are at more frequent
intervals, - } { + When an obligor is required to pay support by
income withholding and is paid more often than monthly, + } the
withholder shall { - , at the withholder's option: - }
{ - (1) - } withhold up to the full amount specified in the
order to withhold, { + based on the obligor's pay period as
specified in the order to withhold. The amount withheld may + }
not { - to - } exceed the maximum amount allowed under ORS
25.414 (8) { + . + } { - , from each pay period until the
complete monthly obligation has been met; or - }
{ - (2) Divide the full amount specified in the order to
withhold, plus the withholder's processing fee, if any, by the
number of pay periods anticipated for the month, and then
withhold the resultant dollar amount each pay period. - }
SECTION 12. ORS 25.610 is amended to read:
25.610. (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. 651, et seq.), the district
attorney or the Division of Child Support of the Department of
Justice, whichever is appropriate, may request the Department of
Revenue, through the Department of Human Services or its
designee, to collect past due child and spousal support from
income tax refunds due to the obligor. Such request shall be
based upon the payment record maintained pursuant to ORS 25.020.
(2) If support payment records have not been maintained as
provided in ORS 25.020, then such a payment record may be
established pursuant to ORS 25.164 { + , + } { - and - }
25.167 { + and 416.429 + }.
(3) The Department of Human Services { - may - } { +
shall + } adopt rules { + :
(a) + } Setting out additional criteria for requests pursuant
to subsection (1) of this section { + ; and
(b) Directing how any support obligation collected by the
Department of Revenue shall be distributed, consistent with
federal regulations + }.
{ - (4) In cases where support rights are assigned to the
State of Oregon or its departments or divisions at the time the
refund is intercepted, any support collection made by the
Department of Revenue shall be applied first to reimburse the
state and federal government for assistance granted or paid to or
on behalf of an obligee. - }
{ - (5) In those cases under this section where an obligee is
not a recipient of public assistance, care, support or services
at the time a tax intercept is made, and is receiving support
enforcement services, any support collection made by the
Department of Revenue shall be distributed to the obligee in the
same manner as regular arrearage collections are distributed to
the obligee. - }
{ - (6) - } { + (4) + } The obligor and the obligee must be
sent a written notice of the intent to apply the refund to the
obligor's support obligation. The notice shall inform the parties
of:
(a) The proposed action;
(b) The right to request a hearing to contest the proposed
action; and
(c) That a hearing, if desired, must be requested within 30
days.
{ - (7) - } { + (5) + } Hearings must be requested within
30 days. At the hearing, no issue may be considered if it was
previously litigated or if the obligor failed to exercise rights
to appear and be heard or to appeal a decision which resulted in
the accrual of the arrearage being used as a basis for a request
under this section.
{ - (8) - } { + (6) + } When the Department of Revenue has
been requested to collect past due child and spousal support from
income tax refunds due to the obligor, the Department of Revenue
shall not allow the obligor to apply any income tax refund to
future taxes of the obligor.
{ - (9) - } { + (7) + } Notwithstanding any other provision
of this section, an obligor who is not delinquent in payment of
child or spousal support may authorize the Department of Revenue,
through the Department of Human Services or its designee, to
withhold any income tax refund owing to that obligor for the
purpose of applying the moneys as a credit to the support account
maintained by the Department of Justice.
SECTION 13. ORS 25.646 is amended to read:
25.646. (1) Upon request of the Department of { - Human
Services - } { + Justice + } and the receipt of the
certification required under subsection (2) of this section, a
financial institution shall provide financial records of a
customer.
(2) In requesting information under subsection (1) of this
section, the department shall provide the name and Social
Security number of the person whose financial records are sought
and shall state with reasonable specificity the financial records
requested. The department shall certify to the financial
institution in writing, signed by an agent of the department:
(a) That the person whose financial records are sought is a
party to a proceeding to establish, modify or enforce the child
support obligation of the person; and
(b) That the department has authorization from the person for
release of the financial records, has given the person written
notice of its request for financial records or will give the
notice within five days after the financial institution responds
to the request.
(3) The department shall reimburse a financial institution
supplying financial records under this section for actual costs
incurred.
(4) A financial institution, including an
institution-affiliated party as defined in section 3(u) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(u)), that supplies
financial records to the department under this section is not
liable to any person for any loss, damage or injury arising out
of or in any way pertaining to the disclosure of the financial
records.
(5) A financial institution that is requested to supply
financial records under this section may enter into an agreement
with the department concerning the method by which requests for
financial records and responses from the financial institution
shall be made.
(6) The department shall provide a reasonable time to the
financial institution for responding to a request for financial
records.
(7) The department shall seek financial records under this
section only:
(a) With respect to a person who is a party to a proceeding to
establish, modify or enforce the child support obligation of the
person; or
(b) According to the provisions of ORS 25.083.
SECTION 14. ORS 25.750 is amended to read:
25.750. (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 profession or to use a
particular occupational or professional title, all annual
licenses issued to individuals by the Oregon Liquor Control
Commission, all driver licenses or permits issued by the
Department of Transportation and { - all - } recreational
hunting and fishing licenses { + , as defined by rule of the
Department of Human Services, + } are subject to suspension by
the respective issuing entities upon certification to the issuing
entity by the Division of Child Support of the Department of
Justice or the district attorney that a child support case record
is being maintained by the Department of Justice, that the case
is being enforced by the Division of Child Support or the
district attorney under the provisions of ORS 25.080 and that one
or both of the following conditions apply:
(a) That the party holding the license, certificate, permit or
registration is under order or judgment to pay monthly child
support and is in arrears, with respect to any such judgment or
order requiring the payment of child support, in an amount equal
to three months of support or $2,500, whichever occurs later,
and:
(A) Has not entered into a payment agreement with the Division
of Child Support or the district attorney with respect to those
arrears and the continuing child support obligation; or
(B) Is not in compliance with a payment agreement entered into
with the Division of Child Support or the district attorney; or
(b) That the party holding the license, certificate, permit or
registration has failed, after receiving appropriate notice, to
comply with a subpoena or other procedural order relating to a
paternity or child support proceeding and:
(A) Has not entered into an agreement with the Division of
Child Support or the district attorney with respect to
compliance; or
(B) Is not in compliance with such an agreement.
(2) The Department of Human Services by rule shall specify the
conditions and terms of payment agreement or other agreements,
compliance with which precludes the suspension of the license,
certificate, permit or registration.
SECTION 15. ORS 25.759 is amended to read:
25.759. Upon identification of a person subject to suspension
under ORS 25.750 to 25.783, the { - Department of Justice - }
{ + administrator + } may issue a notice, sent by regular mail
to both the address of record as shown in the records of the
issuing entity and the address of record as shown on the
{ - Department of Justice - } { + administrator's + }child
support file. Such notice shall contain the following
information:
(1) That certain licenses, certificates, permits and
registrations, which shall be specified in the notice, are
subject to suspension as provided for by ORS 25.750 to 25.783.
(2) The name, Social Security number, if available, date of
birth, if known, and child support case number or numbers of the
person subject to the action.
(3) The amount of arrears and the amount of the monthly child
support obligation or, if suspension is based on ORS 25.750
(1)(b), a description of the subpoena or other procedural order
with which the person subject to the action has failed to comply.
(4) The procedures available for contesting the suspension of a
license, certificate, permit or registration.
(5) That the only bases for contesting the suspension are:
(a) That the arrears are not greater than three months of
support or $2,500, or that there is a mistake in the identity of
the obligor;
(b) That the person subject to the suspension has complied with
the subpoena or other procedural order identified in subsection
(3) of this section; or
(c) That the person subject to the suspension is in compliance
with a previous agreement or compliance agreement as provided for
by ORS 25.750 to 25.783.
(6) That the obligor may enter into a payment agreement or
other agreement, prescribed by rule by the Department of Human
Services, compliance with which shall preclude the suspension
under ORS 25.750 to 25.783.
(7) That the obligor has 30 days from the date of the notice to
contact the Division of Child Support or the district attorney in
order to:
(a) Contest the action in writing on a form prescribed by the
Division of Child Support;
(b) Comply with the subpoena or procedural order identified in
subsection (3) of this section; or
(c) Enter into a payment agreement authorized by ORS 25.750 and
25.762. The notice shall state that any agreement must be in
writing and must be entered into within 30 days of making contact
with the Division of Child Support or the district attorney.
(8) That failure to contact the Division of Child Support or
the district attorney within 30 days of the date of the notice
shall result in notification to the issuing entity to suspend the
license, certificate, permit or registration.
SECTION 16. ORS 29.125 is amended to read:
29.125. As used in ORS 29.125 to 29.375 and 29.401 to 29.415:
(1) 'Administrator' { - means either the Administrator of the
Division of Child Support of the Department of Justice or the
authorized representative of the administrator, or the district
attorney or the authorized representative of the district
attorney - } { + has the meaning given that term in ORS
25.010 + }.
(2) 'Defendant' means a person whose property is being
garnished by a plaintiff and includes a judgment debtor after
entry of judgment.
(3) 'Garnishee' means a person other than a plaintiff or a
defendant who is in possession of property of a defendant and who
has been garnished in accordance with the provisions of ORS
29.125 to 29.375 and 29.401 to 29.415.
(4) 'Judgment' includes but is not limited to the support
arrearage as shown on the support records of the Department of
Justice pursuant to ORS 25.020 and 25.167, even though such
records may not constitute a full record of the support arrearage
owed.
(5) 'Past due support' means the amount of child or spousal
support, or both, determined under a court or administrative
order in a proceeding under ORS chapter 107, 108, 109, 416, 419B
or 419C or ORS 110.303 to 110.452 that has not been paid or is
certified to be owed by another state under ORS 25.083.
(6) 'Person' includes individuals, partnerships and
corporations.
(7) 'Plaintiff' means a person who is garnishing property of a
defendant and includes a judgment creditor after entry of
judgment.
(8) 'Sheriff' includes constables and their deputies.
(9) 'Stock' includes rights or shares in an association or
corporation with interest and profits thereon.
(10) 'Writ of garnishment' includes writs issued under ORS
29.125 to 29.375 and 29.401 to 29.415.
SECTION 16a. { + If House Bill 2386 becomes law, section 16 of
this 2001 Act (amending ORS 29.125) is repealed. + }
SECTION 17. ORS 109.070 is amended to read:
109.070. (1) The paternity of a person may be established as
follows:
(a) The child of a wife cohabiting with her husband who was not
impotent or sterile at the time of the conception of the child
shall be conclusively presumed to be the child of her husband,
whether or not the marriage of the husband and wife may be void.
(b) A child born in wedlock, there being no decree of
separation from bed or board, shall be presumed to be the child
of the mother's husband, whether or not the marriage of the
husband and wife may be void. This shall be a disputable
presumption.
(c) By the marriage of the parents of a child after birth of
the child.
(d) By filiation proceedings.
(e) By filing with the State Registrar of the Center for Health
Statistics the voluntary acknowledgment of paternity form as
provided for by ORS 432.287. Except as otherwise provided in
subsection (2) of this section, this filing establishes paternity
for all purposes.
(f) By having established paternity through a voluntary
acknowledgment of paternity process in another state.
(g) By paternity being established or declared by other
provision of law.
(2)(a) A party to a voluntary acknowledgment of paternity may
rescind the acknowledgment within the earlier of:
(A) Sixty days after filing the voluntary acknowledgment of
paternity; or
(B) The date of a proceeding relating to the child, including a
proceeding to establish a support order, in which the party
wishing to rescind the acknowledgment is also a party to the
proceeding. For the purposes of this subparagraph, the date of a
proceeding is the date on which an order is entered in the
proceeding.
(b)(A) A signed voluntary acknowledgment of paternity filed in
this state may be challenged:
(i) At any time after the 60-day period on the basis of fraud,
duress or material mistake of fact. The party bringing the
challenge has the burden of proof.
(ii) Within one year after the voluntary acknowledgment has
been filed, unless the provisions of paragraph (c) of this
subsection apply. No challenge to the voluntary acknowledgment
may be allowed more than one year after the voluntary
acknowledgment has been filed, unless the provisions of
sub-subparagraph (i) of this subparagraph apply.
(B) Legal responsibilities arising from the voluntary
acknowledgment of paternity, including child support obligations,
may not be suspended during the challenge, except for good cause.
(c) No later than one year after a voluntary acknowledgment of
paternity form is filed in this state and if genetic parentage
tests have not been previously completed, a party to the
acknowledgment or the state, if child support enforcement
services are being provided under ORS 25.080, may apply to the
court or to the administrator, as defined in { - ORS
416.400 - } { + ORS 25.010 + }, for an order requiring that the
parties and the child submit to genetic parentage tests.
(d) If the results of the tests exclude the male party as a
possible father of the child, a party or the state, if child
support enforcement services are being provided under ORS 25.080,
may apply to the court for an order of nonpaternity. Upon receipt
of an order of nonpaternity, the Assistant Director for Health
shall correct any records maintained by the State Registrar of
the Center for Health Statistics that indicate that the male
party is the parent of the child.
(e) The state child support program shall pay any costs for
genetic parentage tests subject to recovery from the party who
requested the tests.
SECTION 18. ORS 109.252 is amended to read:
109.252. (1) Unless the court or administrator finds good cause
not to proceed in a proceeding under ORS 109.125 to 109.230 and
416.400 to 416.470, in which paternity is a relevant fact, the
court or administrator, as defined in { - ORS 416.400 - } { +
ORS 25.010 + }, upon his or her own initiative or upon suggestion
made by or on behalf of any person whose blood is involved may,
or upon motion of any party to the action made at a time so as
not to delay the proceedings unduly, shall order the mother,
child, alleged father and any other named respondent who may be
the father to submit to blood tests. If any person refuses to
submit to such tests, the court or administrator may resolve the
question of paternity against such person or enforce its order if
the rights of others and the interests of justice so require.
(2) When child support enforcement services are being provided
under ORS 25.080, the child support program shall pay any costs
for blood tests subject to recovery from the party who requested
the tests. If the original test result is contested prior to the
entry of an order establishing paternity, the court or
administrator shall order additional testing upon request and
advance payment by the party making the request.
SECTION 19. ORS 109.254 is amended to read:
109.254. (1) The tests shall be made by experts qualified as
examiners of genetic markers who shall be appointed by the court
or administrator, as defined in { - ORS 416.400 - } { + ORS
25.010 + }. Any party or person at whose suggestion the tests
have been ordered may demand that other experts, qualified as
examiners of genetic markers, perform independent tests under
order of the court or administrator, the results of which may be
offered in evidence. The number and qualifications of such
experts shall be determined by the court or administrator.
(2) The blood test results and the conclusions and explanations
of the blood test experts are admissible as evidence of paternity
without the need for foundation testimony or other proof of
authenticity or accuracy, unless a written challenge to the
testing procedure or the results of the blood test has been filed
with the court and delivered to opposing counsel at least 10 days
before any hearing set to determine the issue of paternity.
Failure to make such timely challenge constitutes a waiver of the
right to have the experts appear in person and is not grounds for
a continuance of the hearing to determine paternity. A copy of
the results, conclusions and explanations must be furnished to
both parties or their counsel at least 20 days before the date of
the hearing for this subsection to apply. The court for good
cause or the parties may waive the time limits established by
this subsection.
(3) An affidavit documenting the chain of custody of the
specimens is prima facie evidence to establish the chain of
custody.
SECTION 20. ORS 110.304 is amended to read:
110.304. The tribunals of this state are the circuit court, the
administrator, as defined in { - ORS 416.400 - } { + ORS
25.010 + }, the Department of Justice or a hearings officer of
the Employment Department, as appropriate.
SECTION 21. ORS 416.400 is amended to read:
416.400. As used in ORS 416.400 to 416.470, unless the context
requires otherwise:
(1) 'Administrator' { - means either the Administrator of the
Division of Child Support of the Department of Justice, or the
district attorney or the administrator's or the district
attorney's authorized representative - } { + has the meaning
given that term in ORS 25.010 + }.
(2) 'Court' shall mean any circuit court of this state and any
court in another state having jurisdiction to determine the
liability of persons for the support of another person.
(3) 'Court order' means any judgment, decree or order of any
Oregon court that orders payment of a set or determinable amount
of support money by the subject parent and does not include an
order or decree in any proceeding in which the court did not
order support.
(4) 'Department' means the Department of Human Services of this
state or its equivalent in any other state from which a written
request for establishment or enforcement of a support obligation
is received under ORS 416.415. When support is sought for a youth
offender in the physical or legal custody of the Oregon Youth
Authority, 'department' includes the Oregon Youth Authority.
(5) 'Dependent child' means any person under the age of 18 who
is not otherwise emancipated, self-supporting, married or a
member of the Armed Forces of the United States. 'Dependent
child' also means a child attending school as defined in ORS
107.108.
(6) 'Office' means the office of the Division of Child Support
or the office of the district attorney.
(7) 'Parent' means the natural or adoptive father or mother of
a dependent child or youth offender. 'Parent' also means
stepparent when such person has an obligation to support a
dependent child pursuant to ORS 109.053.
(8) 'Past support' means the amount of child support that could
have been ordered and accumulated as arrears against a parent for
the benefit of a child for any period of time during which the
child was not supported by the parent and for which period no
support order was in effect.
(9) 'Public assistance' means any money payments made by the
department which are paid to or for the benefit of any dependent
child or youth offender, including but not limited to payments
made so that food, shelter, medical care, clothing,
transportation or other necessary goods, services or items may be
provided, and payments made in compensation for the provision of
such necessities.
(10) 'Youth offender' has the meaning given that term in ORS
419A.004.
SECTION 22. ORS 416.480 is amended to read:
416.480. As used in ORS 416.480 to 416.486:
(1) 'Administrator' has the meaning given that term in
{ - ORS 416.400 - } { + ORS 25.010 + }.
(2) 'Court' means the juvenile court or the circuit court.
(3) 'Director' means the Director of the Oregon Youth
Authority.
(4) 'Youth authority' means the Oregon Youth Authority.
(5) 'Youth offender' has the meaning given that term in ORS
419A.004.
SECTION 23. ORS 419C.597 is amended to read:
419C.597. When a youth { + offender or other offender + } is
in the legal { + or physical + } custody of the Oregon Youth
Authority and { - such youth - } { + the offender + } is the
beneficiary of an existing order of support in a decree of
dissolution or other order and the youth authority is required to
provide financial assistance for the care and support of
{ - such youth - } { + the offender + }, the youth authority
shall be assignee of and subrogated to { - such youth's - }
{ + the offender's + } proportionate share of any such support
obligation including sums that have accrued whether or not the
support order or decree provides for separate monthly amounts for
the support of each of two or more children or a single monthly
gross payment for the benefit of two or more children, up to the
amount of assistance provided by the youth authority. The
assignment shall be as provided in ORS 418.042.
SECTION 24. ORS 432.206 is amended to read:
432.206. (1) A certificate of birth for each birth that occurs
in this state shall be filed with the county registrar of the
county in which the birth occurred or with the Center for Health
Statistics, or as otherwise directed by the State Registrar of
the Center for Health Statistics, within five days after the
birth and shall be registered if the certificate has been
completed and filed in accordance with this section. Any birth
certificate not containing the name of the father or on which the
surname of the father is at variance with that of the child, at
the request of either parent, may be filed with the state
registrar and not with the registrar of the county in which the
birth occurred.
(2) When a birth occurs in an institution or en route thereto,
the person in charge of the institution or authorized designee
shall obtain the personal data, prepare the certificate, certify
either by signature or by an approved electronic process that the
child was born alive at the place and time and on the date stated
and file the certificate as directed in subsection (1) of this
section. The physician or other person in attendance shall
provide the medical information required by the certificate
within 72 hours after the birth.
(3) When a birth occurs outside of an institution:
(a) The certificate shall be prepared and filed within five
days after the birth by one of the following in the indicated
order of priority, in accordance with rules adopted by the state
registrar:
(A) The physician in attendance at the birth or immediately
after the birth, or in the absence of such a person;
(B) The midwife in attendance at the birth or immediately after
the birth, or in the absence of such a person;
(C) Any other person in attendance at the birth or immediately
after the birth, or in the absence of such a person; or
(D) The father, the mother or, in the absence of the father and
the inability of the mother, the person with authority over the
premises where the birth occurred.
(b) The state registrar shall by rule determine what evidence
shall be required to establish the facts of birth.
(4) When a birth occurs on a moving conveyance:
(a) Within the United States and the child is first removed
from the conveyance in this state, the birth shall be registered
in this state and the place where it is first removed shall be
considered the place of birth.
(b) While in international waters or air space or in a foreign
country or its air space and the child is first removed from the
conveyance in this state, the birth shall be registered in this
state but the certificate shall show the actual place of birth
insofar as can be determined.
(5) If the mother is not married at the time of birth, the name
of the father shall not be entered on the certificate unless:
(a) The mother was married to and cohabiting with her husband
at the time of conception, in which case the husband's name shall
be entered on the certificate, provided that the husband was not
impotent or sterile; or
(b) Both the father and mother have signed a voluntary
acknowledgment of paternity form that has been executed in
accordance with ORS 432.287 and filed with the registrar.
(6) In the case of a child born to a married woman as a result
of artificial insemination with the consent of her husband, the
husband's name shall be entered on the certificate.
(7) If the mother was not married at the time of either
conception or birth or between conception and birth, the name of
the father shall not be entered on the certificate unless a
voluntary acknowledgment of paternity form or other form
prescribed under ORS 432.287 signed by the mother and the person
to be named as the father is filed with the state registrar.
(8) In any case in which paternity of a child is determined by
a court of competent jurisdiction, or by an administrative
determination of paternity, the Center for Health Statistics
shall enter the name of the father on the new certificate of
birth. The Center for Health Statistics shall change the surname
of the child if so ordered by the court or, in a proceeding under
ORS 416.430, by the administrator as defined in { - ORS
416.400 - } { + ORS 25.010 + }.
(9) If the father is not named on the certificate of birth, no
other information about the father shall be entered on the legal
portion of the certificate. Information pertaining to the father
may be entered in the 'Medical and Confidential' section of the
certificate of birth.
(10) Certificates of birth filed after five days, but within
one year after the date of birth, shall be registered on the
standard form of birth certificate in the manner prescribed in
this section. The certificates shall not be marked 'Delayed. '
The state registrar may require additional evidence in support of
the facts of birth.
SECTION 25. ORS 461.715 is amended to read:
461.715. (1) The Oregon State Lottery Commission, by rule,
shall develop procedures whereby { - a lottery prize in excess
of $600 that is won by a person who is in arrears in a court
ordered child support obligation shall not be paid out to the
person but shall be held for a minimum of 30 days in order to
allow support enforcement entities to institute garnishment
proceedings. The rules shall provide that - } :
(a) { - Upon presentation of a ticket or share for payment of
a prize in excess of $600, - } { + Before paying any portion of
a lottery prize in excess of $600, the lottery commission shall
check + } the name and social security number of the { - ticket
or share holder shall be checked - } { + person entitled to
payment + } against a computer database containing the names and
social security numbers of obligors who are delinquent in paying
child support obligations.
(b) When the { - ticket or share holder - } { + person + }
is listed in the database, the lottery commission shall:
(A) Place a 30-day hold on { - the prize - } { + any
payment to the person + };
(B) Inform the { - ticket or share holder - }
{ + person + } of the hold; and
(C) Notify the { - Adult and Family Services Division of the
Department of Human Services - } { + Division of Child Support
of the Department of Justice + } that a delinquent obligor has
won a lottery prize { + or is entitled to payment on a lottery
prize + }.
(c) If a garnishment proceeding is initiated within the 30-day
hold period, the lottery commission shall continue to hold
{ - the prize - } { + any payment to the person + } pending
disposition of the proceeding.
(d) If a garnishment proceeding is not initiated within the
30-day hold period, the { - prize shall be paid to the ticket
or share holder - } { + lottery commission shall make payment
on the prize to the person + }at the end of the 30-day hold
period { + or when the Division of Child Support of the
Department of Justice notifies the lottery commission that a
garnishment proceeding will not be initiated, whichever is
sooner + }.
(2) The lottery commission shall establish { - a computer
link with the Adult and Family Services Division computer
database that contains the names of - } { + and operate a data
match system using automated data exchanges with the Division of
Child Support of the Department of Justice that identifies
+ }delinquent child support obligors. { - The only - }
{ + Any + } information { + necessary to identify delinquent
obligors and hold a payment on a prize shall be + } available to
the lottery commission through the { - computer link shall be
whether the name and social security number of a lottery prize
winner are on the delinquent child support obligor database - }
{ + data match system + }.
(3) The Division of Child Support of the Department of Justice
{ - and - } { + , + } the Adult and Family Services Division of
the Department of Human Services { - shall assist - }
{ + and + } the Oregon State Lottery Commission { - in
developing - } { + shall enter into agreements regarding + }
the procedures required by subsections (1) and (2) of this
section.
SECTION 26. ORS 656.234 is amended to read:
656.234. (1) No moneys payable under this chapter on account of
injuries or death are subject to assignment prior to their
receipt by the beneficiary entitled thereto, nor shall they pass
by operation of law. All such moneys and the right to receive
them are exempt from seizure on execution, attachment or
garnishment, or by the process of any court.
(2) Notwithstanding any other provision of this section:
(a) Moneys payable pursuant to ORS 656.210 and 656.212 are
subject to an order to enforce child support obligations, and
spousal support when there is a current support obligation for a
joint child of the obligated parent and the person to whom
spousal support is owed, pursuant to ORS 25.378; and
(b) Moneys payable pursuant to ORS 656.206, 656.214, 656.236
and 656.289 (4) are subject to an order to enforce child support
obligations pursuant to ORS 25.378.
(3) Notwithstanding the provisions of ORS 25.378 and 25.414,
the amount of child support obligation subject to enforcement
shall not exceed:
(a) One-fourth of moneys paid under ORS 656.210 and 656.212 or
the amount of the current support to be paid as continuing
support, whichever is less, or, if there is no current support
obligation and the withholding is for arrearages only, 15 percent
of the moneys paid under ORS 656.210 and 656.212 or the amount
previously paid as current support, whichever is less;
{ + (b) One-fourth of moneys paid in a lump sum award under
ORS 656.210 and 656.212 when the award becomes final by operation
of law or waiver of the right to appeal its adequacy; + }
{ - (b) - } { + (c) + } One-fourth of moneys paid under ORS
656.206, 656.214 and 656.236; or
{ - (c) - } { + (d) + } One-fourth of the net proceeds paid
to the worker in a disputed claim settlement under ORS 656.289
(4).
(4) Notwithstanding any other provision of this section, when
withholding is only for arrearages assigned to this or another
state, the Department of Human Services may set a lesser amount
to be withheld if the obligor demonstrates the withholding is
prejudicial to the obligor's ability to provide for a child the
obligor has a duty to support.
SECTION 27. ORS 25.620 is amended to read:
25.620. (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 to the obligor in
the same manner that other delinquent accounts are collected
under ORS 293.250.
(2) The Department of Revenue shall establish procedures to
ensure that when an obligor has filed a joint income tax return,
the obligor's spouse may apply for a share of the refund, if any.
The procedures shall provide for notice to the obligee regarding
any application by the obligor's spouse for a share of the
refund.
(3) No collection shall be made by the Department of Revenue
unless the debt is in a liquidated amount.
(4) Notwithstanding the provisions of ORS 293.250, the
Department of Revenue shall designate a single fee to retain from
moneys collected for child support as a reasonable fee to cover
only the actual cost.
(5) The Department of Revenue shall forward the net proceeds of
collections made under subsection (1) of this section to the
Department of Justice. Such proceeds shall be applied pursuant to
{ - ORS 25.610 (4) and other applicable federal and state
laws - } { + ORS 25.610 (3) + }.
(6) Notwithstanding any other law relating to the
confidentiality of tax records, the Department of Revenue shall
send the Department of Justice the obligor's home address and
Social Security number or numbers on each case submitted for
collection pursuant to ORS 25.610.
SECTION 28. { + This 2001 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-first
Legislative Assembly adjourns sine die. + }
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