72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2072
 
                         House Bill 2461
 
Sponsored by Representative KRUSE
 
 
                             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.
 
  Allows support enforcement entity to enter into contracts with
private persons to provide child support enforcement services to
entity or directly to entity's clients. Requires court or hearing
officer to include in every order requiring payment of child
support specific monetary penalty for each month of nonpayment.
Allows waiver of penalty under specified circumstances. Applies
to orders entered on or after effective date of Act.
 
                        A BILL FOR AN ACT
Relating to child support.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) An entity responsible for providing child
support enforcement services under ORS 25.080 may enter into
contracts with private persons for the provision of child support
enforcement services. The entity shall consider contracting with
private persons if such an arrangement would produce results that
are more cost-effective than those provided by the entity. The
contracts may provide for provision of services either to the
entity or directly to the clients of the entity.
  (2) The entity shall include a provision in the contract that
the private person be paid only if the private person collects
the child support owed.
  (3) The Division of Child Support of the Department of Justice,
in consultation with the Department of Human Services, shall
adopt rules to carry out the provisions of this section. + }
  SECTION 2.  { + (1) In any judicial or administrative
proceeding for the establishment or modification of a child
support obligation, the court or hearing officer shall include in
the order a specific monetary penalty to be paid by the obligor
for each month the obligor fails to make the required child
support payment. The monetary penalty is in addition to any other
sanctions the court or hearing officer might impose upon the
obligor for failure to pay.
  (2) The court or hearing officer may waive payment of the
penalty if the obligor, no later than 10 days after the payment
is due, submits to the court or hearing officer a request for
waiver.  The obligor must include in the request for waiver facts
supporting the request. The court or hearing officer may waive
the penalty upon a showing of serious hardship. If the obligor
fails to submit the request within the time allowed by this
 
subsection, the court or hearing officer may not waive the
penalty.
  (3) Upon collection of the penalty, the penalty shall be used
to offset the cost of enforcement. + }
  SECTION 3.  { + Section 2 of this 2003 Act applies only to
orders entered on or after the effective date of this 2003
Act. + }
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