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 2241
A-Engrossed
House Bill 3015
Ordered by the House May 1
Including House Amendments dated May 1
Sponsored by Representative JOHNSON
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.
Requires { - presiding judge of each judicial district - }
{ + State Court Administrator + } to establish procedures
{ + applicable to every court in state + } to protect
confidentiality of Social Security numbers required in certain
domestic relations proceedings.
{ + Directs state registrar to adopt rules to protect
confidentiality of Social Security numbers in records of
dissolution of marriage. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to Social Security numbers; creating new provisions;
amending ORS 25.020, 107.085, 107.500, 192.501, 432.121,
432.408 and 432.412 and ORCP 70 A; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The State Court Administrator shall
establish a procedure applicable to every court in this state
that ensures that the Social Security numbers of parties to a
proceeding under ORS 107.085 or 107.485 are kept confidential and
exempt from public inspection.
(2) The procedure established under this section must:
(a) Require that Social Security numbers be listed on a
separate paper attached to an affidavit of the person providing
the Social Security number certifying that the Social Security
number is correct;
(b) Ensure that the Social Security numbers are provided to or
made accessible to the entities primarily responsible for
providing support enforcement services under ORS 25.080; and
(c) Comply with the requirements of 42 U.S.C. 666 relating to
provision of Social Security numbers. + }
SECTION 2. ORS 192.501 is amended to read:
192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. This exemption
does not apply to litigation which has been concluded, and
nothing in this subsection shall limit any right or opportunity
granted by discovery or deposition statutes to a party to
litigation or potential litigation;
(2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it;
(3) Investigatory information compiled for criminal law
purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim. Nothing in this subsection shall limit any right
constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection,
the record of an arrest or the report of a crime includes, but is
not limited to:
(a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to
135.290;
(d) The identity of and biographical information concerning
both complaining party and victim;
(e) The identity of the investigating and arresting agency and
the length of the investigation;
(f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice;
(4) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected;
(5) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow it to determine
fees or assessments payable or to establish production quotas,
and the amounts of such fees or assessments payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care
facilities as defined in ORS 442.015 to the state for purposes of
reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding;
(6) Information relating to the appraisal of real estate prior
to its acquisition;
(7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections;
(8) Investigatory information relating to any complaint filed
under ORS 659A.820 or 659A.825, until such time as the complaint
is resolved under ORS 659A.835, or a final order is issued under
ORS 659A.850;
(9) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180;
(10) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services under ORS 697.732;
(11) Information concerning the location of archaeological
sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the
information and the need for the information is related to that
Indian tribe's cultural or religious activities. This exemption
does not include information relating to a site that is all or
part of an existing, commonly known and publicized tourist
facility or attraction;
(12) A personnel discipline action, or materials or documents
supporting that action;
(13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered
species;
(14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research,
until publicly released, copyrighted or patented;
(15) Computer programs developed or purchased by or for any
public body for its own use. As used in this subsection, '
computer program' means a series of instructions or statements
which permit the functioning of a computer system in a manner
designed to provide storage, retrieval and manipulation of data
from such computer system, and any associated documentation and
source material that explain how to operate the computer program.
' Computer program' does not include:
(a) The original data, including but not limited to numbers,
text, voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be
used if the manipulated forms of the original data were to be
produced manually;
(16) Data and information provided by participants to mediation
under ORS 36.256;
(17) Investigatory information relating to any complaint or
charge filed under ORS chapter 654, until a final administrative
determination is made or, if a citation is issued, until an
employer receives notice of any citation;
(18) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared and used by a law
enforcement agency, if public disclosure thereof would endanger
the life or physical safety of a citizen or law enforcement
officer or jeopardize the law enforcement activity involved;
(19)(a) Audits or audit reports required of a
telecommunications carrier. As used in this paragraph, 'audit or
audit report' means any external or internal audit or audit
report pertaining to a telecommunications carrier, as defined in
ORS 133.721, or pertaining to a corporation having an affiliated
interest, as defined in ORS 759.010, with a telecommunications
carrier that is intended to make the operations of the entity
more efficient, accurate or compliant with applicable rules,
procedures or standards, that may include self-criticism and that
has been filed by the telecommunications carrier or affiliate
under compulsion of state law. 'Audit or audit report' does not
mean an audit of a cost study that would be discoverable in a
contested case proceeding and that is not subject to a protective
order; and
(b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.010, with a telecommunications carrier, as
defined in ORS 133.721;
(20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967;
(21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005 by
applicants for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership agreements and
operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests;
(22) Records or information that, if disclosed, would allow a
person to:
(a) Gain unauthorized access to buildings or other property
used or owned by a public body;
(b) Identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or
interference with, the services provided by a public body; or
(c) Disrupt, interfere with or gain unauthorized access to
public funds or to information processing, communication or
telecommunication systems, including the information contained in
the systems, that are used or operated by a public body;
(23) Records or information that would reveal the security
measures taken or recommended to be taken to protect:
(a) An officer or employee of a public body;
(b) Buildings or other property used or owned by a public body;
(c) Information processing, communication or telecommunication
systems, including the information contained therein, that are
used or operated by a public body; or
(d) Those operations of the Oregon State Lottery the security
of which are subject to study and evaluation under ORS 461.180
(6);
(24) Writings prepared by or under the direction of officials
of Oregon Health and Science University about a person and the
person's potential interest in donating money or property to the
university or the person's actual donation unless disclosure is
authorized by the person;
(25) Records of the name and address of a person who files a
report with or pays an assessment to a council, board or
commission created or organized under ORS chapter 576, 577, 578
or 579. As used in this subsection, 'council, board or commission
' does not include the advisory committee established under ORS
576.810; { - and - }
(26) Information provided to, obtained by or used by a public
body to authorize, originate, receive or authenticate a transfer
of funds, including but not limited to a credit card number,
payment card expiration date, password, financial institution
account number and financial institution routing number
{ - . - } { + ; and + }
{ + (27) Social Security numbers as provided in section 1 of
this 2003 Act. + }
SECTION 3. ORS 107.085 is amended to read:
107.085. (1) A suit for marital annulment, dissolution or
separation shall be entitled: 'IN THE MATTER OF THE MARRIAGE OF
(names of parties): PETITION FOR (ultimate relief sought).' The
moving party shall be designated as the 'Petitioner' and the
other party the 'Respondent.' Nothing in this section shall
preclude both parties from acting as 'Copetitioners. '
(2) The petition shall state the following:
(a) The names { - , social security numbers, if known, - }
and dates of birth of all of the children born or adopted during
the marriage, and a reference to and expected date of birth of
any children conceived during the marriage but not yet born;
(b) The names { - , social security numbers, if known, - }
and dates of birth of all children born to the parties prior to
the marriage; and
(c) To the extent known, whether there is pending in this or
any other state a domestic relations suit, as defined in ORS
107.510, or any type of support proceeding involving dependents
of the same marriage, including one brought under ORS 108.110,
416.400 to 416.470 or this section.
(3) At or prior to the hearing of a suit for marital annulment,
dissolution or separation, the moving party or the party
attending the hearing shall file with the court a written
statement setting forth the full names and any former names of
the parties, the residence, mailing or contact addresses of the
parties, the ages of both parties, { - their wage earner social
security account numbers, - } the date and place of the marriage
of the parties, and the names and ages of the children born to or
adopted by the parties. This information shall be incorporated in
and made a part of the decree.
(4) If real property is involved, the petitioner may have a
notice of pendency of the action recorded at the time the
petition is filed, as provided in ORS 93.740.
{ + (5) The Social Security numbers of the parties and of the
children born or adopted during the marriage and children born to
the parties prior to the marriage shall be provided as
established in section 1 of this 2003 Act. + }
SECTION 4. ORS 107.500 is amended to read:
107.500. Each circuit court shall make available with
appropriate forms an instructional brochure prescribed by the
State Court Administrator and describing the procedures set forth
in this section and ORS 107.485 and 107.490. The content of the
forms used pursuant to this section and ORS 107.485 and 107.490
shall be substantially as follows:
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, PETITION FOR
SUMMARY
DISSOLUTION
and OF MARRIAGE
)
______
, )
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
1. (________, Petitioner,) (________, Respondent,) has been a
resident of Oregon continuously for the past six months before
filing this petition.
2. Statistical Facts:
a. Date of marriage:
_______________
b. Place of marriage:
_______________
c. Wife's address:
_______________
d. Wife's maiden name:
_______________
e. Wife's former legal names:
_______________
f. Wife's age:
_______________
{ - g. Wife's social security number: - }
{ - _______________ - }
{ - h. - } { + g. + } Husband's address:
_______________
{ - i. - } { + h. + } Husband's former legal names:
_______________
{ - j. - } { + i. + } Husband's age:
_______________
{ - k. Husband's social security number: - }
{ - _______________ - }
3. My spouse and I have not been married more than 10 years.
4. Petitioner does not know of any pending (not yet decided by
a judge) domestic relations suits involving this marriage in this
or any other state.
5. There are no minor children born to the parties or born
during the marriage. There are no adopted minor children. The
wife is not now pregnant.
6. Petitioner requests a dissolution because irreconcilable
differences between the parties have caused the irremediable
breakdown of the marriage.
7. The personal property of the parties is not worth more than
$30,000. Petitioner requests that the Court divide the property
as follows:
(a) The wife should be awarded the following personal property:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Additional pages have been attached and labeled '7a.
continued. '
(b) The husband should be awarded the following personal
property:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Additional pages have been attached and labeled '7b.
continued. '
(c) The husband and wife should each sign any documents
necessary to remove his or her name as owner of personal property
awarded to the other party.
8. Neither the husband nor the wife own any real property.
9. The debts incurred by the husband and wife together or
separately from the date of the marriage are not greater than
$15,000.
Petitioner requests the following division of debts:
(a) The wife be required to pay the debts listed below. The
husband is awarded a judgment against the wife in the sum of
$____. The wife can satisfy this judgment by paying off the
following debts:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(b) The husband be required to pay the debts listed below. The
wife is awarded a judgment against the husband in the sum of
$____. The husband can satisfy the judgment by paying off the
following debts:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
10. I relinquish all rights I may have to spousal support and
waive any right to pendente lite orders (temporary orders) except
those pursuant to ORS 107.700 to 107.732 (the Family Abuse
Prevention Act) or 124.005 to 124.040 (the Elderly and Disabled
Person Abuse Prevention Act).
(Complete only if petitioner is paying fees and wants
reimbursement from spouse or if fees are being deferred for the
petitioner.)
11. (a) If petitioner has paid court costs and service fees,
petitioner requests that costs and fees paid by petitioner be
repaid by respondent spouse, _____, and that a judgment in the
amount of such costs and fees be entered in favor of petitioner,
_____ , in the amount of $____.
(b) If fees are being deferred for petitioner:
Petitioner requests that judgment be entered against
(________, Petitioner)
(________, Respondent) in favor of the state in the amount of
$____.
12. Petitioner requests that:
wife's legal name be restored to
______________
husband's legal name be restored to
______________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
(Petitioner's signature)
Address:
____________
____________
____________
Telephone:_______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, SUMMONS FOR SUMMARY
DISSOLUTION
Marriage Dissolution Suit
and )
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
TO: Name of Respondent
______________
Address of Respondent
______________
__________
, Oregon
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
YOU HAVE BEEN SUED. The court may decide against you without
your being heard unless you respond within 30 days of the day you
received these papers. Read the information below.
NOTICE TO RESPONDENT:
READ THESE PAPERS CAREFULLY
Your spouse has filed a petition with the court to end your
marriage and asking to divide your property and debts, if any.
You must 'appear' in this case or the court will grant your
spouse's requests. To 'appear,' you must file with the court a
legal paper called a 'motion' or 'answer.' The 'motion' or '
answer' must be given to the Court Clerk or Administrator at:
(location) _________ within 30 days of the day you received these
papers, along with the required filing fee. The 'motion' or '
answer' must be in proper form and you must show that your spouse
has been served with a copy of it.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
Name of Petitioner
____________
Address of Petitioner
____________
City/State/Zip Code
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Important Information about Respondent (A recent photo may be
attached in addition to the requested information.)
Height:__________
Weight:__________
Race:__________
Date of Birth:_______
Automobile license number and description:
_________________
Other identifying information:
_________________
Best time and place to locate:
_________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, AFFIDAVIT OF PROOF
OF SERVICE
)
and )
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON)
) ss.
County of )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I, ______________, swear/affirm under oath that:
I am a resident of the State of Oregon. I am a competent person
over 18 years of age. I am not an attorney for or a party to this
case, or an officer, director or employee of any party to this
case. On the ___ day of _____, 2_, I served the Summons and
Petition in this case personally upon the above named respondent
in _____ County by delivering to the respondent a copy of those
papers, each of which was certified to be a true copy of each
original.
______________
Signature of _______
SUBSCRIBED AND SWORN TO before me this ___ day of _____, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, MOTION AND ORDER FOR
WAIVER OF FEES
)
and )
)
______
, )
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Petitioner moves the Court for an order waiving payment of
filing fees, service fees, and other costs.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
Petitioner
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
POINTS AND AUTHORITIES
ORS 21.605; the Court shall waive all fees and costs if the
Court finds that the party is unable to pay such fees and costs.
ORDER
IT IS SO ORDERED.
DATED: This __ day of ___, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
COURT
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, AFFIDAVIT FOR
WAIVER OF
and FEES AND COSTS
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON)
) ss.
County of )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I, ______________ being first duly sworn upon oath, depose and
declare that I am the petitioner for a Decree of Summary
Dissolution and am unable to pay necessary filing fees, service
fees and court costs. My total monthly income from all sources is
$_____. I have $_____ as assets and $_____ as savings. I
support ___ people. My monthly expenses are $___ housing, $___
food, $___ utilities, $___ transportation, $___ laundry, cleaning
and personal requirements, $___ medical expenses, $___ clothing,
$___ telephone, $___ total installment payments, $___ other
expenses, for total monthly expenses of $_____.
____________
Signature of_______
SUBSCRIBED AND SWORN TO before me this ___ day of _____, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____________
NOTARY PUBLIC FOR OREGON
My Commission Expires ____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, PETITIONER'S
AFFIDAVIT, MOTION
AND ORDER FOR
and DEFAULT DECREE
OF DISSOLUTION
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON)
) ss.
County of )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I, ___, swear/affirm under oath that:
I am the Petitioner. The Respondent is not now nor was at the
time of the commencement of this suit in the military service of
the United States; nor is the Respondent a legally mentally
incapacitated person; nor is the Respondent under 18 years of
age.
The Respondent was served with Summons and Petition for
Dissolution on the ___ day of _____, 2_, in _____ County, Oregon,
and has failed to answer or appear.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
Petitioner
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SUBSCRIBED AND SWORN TO before me this __ day of _____, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____________
NOTARY PUBLIC FOR OREGON
My Commission Expires ___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Petitioner moves the Court for an Order entering the default of
Respondent.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
Petitioner
____________
Address of Petitioner
____________
City, State Zip
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
ORDER
IT IS SO ORDERED.
DATED: This __ day of ___, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
CIRCUIT COURT JUDGE
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, DECREE OF SUMMARY
DISSOLUTION
)
and )
)
______
, )
Respondent. )
)
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Statistical Facts:
a. Date of marriage:
_______________
b. Place of marriage:
_______________
c. Wife's address:
_______________
d. Wife's maiden name:
_______________
e. Wife's former legal names:
_______________
f. Wife's age:
_______________
{ - g. Wife's social security number: - }
{ - _______________ - }
{ - h. - } { + g. + } Husband's address:
_______________
{ - i. - } { + h. + } Husband's former legal names:
_______________
{ - j. - } { + i. + } Husband's age:
_______________
{ - k. Husband's social security number: - }
{ - _______________ - }
This matter came before the Court for default. Petitioner
appeared (in person) (by affidavit), and Respondent did not
appear. THE COURT HAS BEEN FULLY ADVISED, AND THEREFORE IT IS
HEREBY DECREED THAT:
1. Dissolution: This marriage is dissolved and shall terminate
on _______.
2. Prior Wills: Any will previously executed by either spouse
with provisions in favor of the other spouse is revoked with
respect to those provisions, unless the will expresses a
different intent.
3. Division of Property: (a) The wife is awarded and shall own
by herself the following personal property:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Additional pages have been attached as C-1.
(b) The husband is awarded and shall own by himself the
following personal property:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Additional pages have been attached as C-2.
(c) Husband and wife each shall sign any documents necessary to
remove his or her name as owner of personal property awarded to
the other. If either fails to sign the necessary documents, a
certified copy of the Decree shall serve as a conveyance of the
property.
4. Payment of Debts: (a) The wife shall pay the debts listed
below. The husband is awarded a judgment against the wife in the
sum of $____. The wife can satisfy this judgment by paying the
following debts:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
Additional pages have been added as D-1.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(b) The husband shall pay the debts listed below. The wife is
awarded a judgment against the husband in the sum of $____. The
husband can satisfy the judgment by paying the following debts:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Additional pages have been added as D-2.
5. The wife shall have her former legal name restored. The
restored name is __
_______________ .
The husband shall have his former legal name restored. The
restored name is __
_______________ .
6. A judgment against (the husband) (the wife) for court costs
and service fees in the amount of $____ is awarded to (the
husband) (the wife) (this state if fees were waived or deferred).
DATED: This __ day of ___, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
CIRCUIT COURT JUDGE
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
SECTION 5. ORCP 70 A is amended to read:
A Form. Every judgment shall be in writing plainly titled as a
judgment and set forth in a separate document. A default or
stipulated judgment may have appended or subjoined thereto such
affidavits, certificates, motions, stipulations, and exhibits as
may be necessary or proper in support of the entry thereof.
A(1) Content. No particular form of words is required, but
every judgment shall:
A(1)(a) Specify clearly the party or parties in whose favor it
is given and against whom it is given and the relief granted or
other determination of the action.
A(1)(b) Be signed by the court or judge rendering such judgment
or, in the case of judgment entered pursuant to Rule 69 B(1), by
the clerk.
A(2)(a) Money judgment; contents. Money judgments are judgments
that require the payment of money, including judgments for the
payment of costs or attorney fees. The requirements of this
subsection are not jurisdictional for purposes of appellate
review. Money judgments shall include all of the following:
A(2)(a)(i) The name and address of each judgment creditor and
the name, address and phone number of each creditor's attorney,
if any.
A(2)(a)(ii) The name of each judgment debtor and, if known, the
address, date of birth, Social Security number and driver license
number for each judgment debtor, the state of issuance for each
judgment debtor's driver license and the name of each judgment
debtor's attorney. { + However, for a judgment issued in a
proceeding under ORS 107.085 or 107.485, the Social Security
number must be included in a manner established under section 1
of this 2003 Act. + }
A(2)(a)(iii) The name of any person or public body known to the
judgment creditor, other than the judgment creditor's attorney,
who is entitled to any portion of a payment made on the judgment.
A(2)(a)(iv) The amount of the judgment.
A(2)(a)(v) The interest owed to the date of the judgment,
either as a specific amount or as accrual information, including
the rate or rates of interest, the balance or balances upon which
interest accrues, the date or dates from which interest at each
rate on each balance runs, and whether interest is simple or
compounded and, if compounded, at what intervals.
A(2)(a)(vi) Post-judgment interest accrual information,
including the rate or rates of interest, the balance or balances
upon which interest accrues, the date or dates from which
interest at each rate on each balance runs, and whether interest
is simple or compounded and, if compounded, at what intervals.
A(2)(a)(vii) For judgments that accrue on a periodic basis, any
accrued arrearages, required further payments per period and
accrual dates.
A(2)(a)(viii) If the judgment awards costs and disbursements or
attorney fees, that they are awarded, any specific amounts
awarded, a clear identification of the specific claims for which
any attorney fees are awarded and the amount of attorney fees
awarded for each claim. This subparagraph does not require
inclusion of specific amounts where such will be determined later
under Rule 68 C.
A(2)(b) Form. To comply with the requirements of paragraph
A(2)(a) of this rule, the requirements in that paragraph must be
presented in a manner that complies with all of the following:
A(2)(b)(i) The requirements must be presented in a separate,
discrete section immediately above the judge's signature if the
judgment contains more provisions than just the requirements of
paragraph A(2)(a) of this rule.
A(2)(b)(ii) The separate section must be clearly labeled at its
beginning as a money judgment. On or after January 1, 1994, if
the money judgment includes a child support obligation, the label
must so indicate.
A(2)(b)(iii) The separate section must contain no other
provisions except what is specifically required by this rule for
judgments and, if applicable, by ORS 24.290 for the payment of
money.
A(2)(b)(iv) The requirements under paragraph A(2)(a) of this
rule must be presented in the same order as set forth in that
paragraph.
A(3) If the proposed judgment does not comply with the
requirements in subsections A(1) and (2) of this rule, it shall
not be signed by the judge. If the judge signs the judgment, it
shall be entered in the register whether or not it complies with
the requirements in subsections A(1) and (2) of this rule.
SECTION 6. 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)(a) When the administrator is providing support enforcement
services under ORS 25.080, the obligee may enter into an
agreement with a collection agency, as defined in ORS 697.005,
for assistance in collecting child support payments.
(b) The department:
(A) Except as otherwise provided in this paragraph, shall
disburse support payments, to which the obligee is legally
entitled, to the collection agency according to the terms of the
agreement between the obligee and the collection agency;
(B) May not disburse moneys to the collection agency before the
obligee submits the form referred to in paragraph (c)(A) of this
subsection to the department and the department adjusts its
support payment records;
(C) May not disburse moneys to the collection agency after 180
days following the date the department adjusts its support
payment records as described in subparagraph (B) of this
paragraph;
(D) May not disburse moneys to the collection agency if the
collection agency violates any provision of this subsection;
(E) Shall credit the obligor's account for the full amount of
each support payment received by the department and disbursed to
the collection agency;
(F) Shall develop the form referred to in paragraph (c)(A) of
this subsection, which shall include a notice to the obligee
printed in type size equal to at least 12-point type that the
obligee may be eligible for support enforcement services from the
department or the district attorney without paying the interest
or fee that is typically charged by a collection agency; and
(G) May use information disclosed by the collection agency to
provide support enforcement services under ORS 25.080.
(c) The obligee shall:
(A) Provide to the department, on a form approved by the
department, information about the agreement with the collection
agency; and
(B) Promptly notify the department when the agreement is
terminated.
(d) The collection agency:
(A) May provide investigative and location services to the
obligee and disclose relevant information from those services to
the department for purposes of providing support enforcement
services under ORS 25.080;
(B) May not charge interest or a fee for its services exceeding
20 percent of each support payment received; and
(C) May not initiate, without written authorization from the
department, any enforcement action relating to support payments
on which support enforcement services are provided by the
department under ORS 25.080.
(4) 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.
(5) 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.
(6)(a) The 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' means 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.
(b) Nothing in this subsection limits the information the
administrator may provide by law to a party who is not
represented by an attorney.
(7) 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.
(8)(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. { + Such a
decree or order issued in a proceeding under ORS 107.085 or
107.485 shall contain the Social Security number of each party in
the manner established under section 1 of this 2003 Act. + }
(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.
(9)(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.
(10) 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, 110, 416, 419A, 419B and 419C that would otherwise
impose the same duties or functions upon the county clerk or the
Department of Human Services.
(11) Except as provided for in subsections (12), (13) and (14)
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.
(12) 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.
(13) 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 (12) 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, 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.
(14) 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.
(15) 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 7. ORS 25.020, as amended by section 3, chapter 455,
Oregon Laws 2001, 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)(a) When the administrator is providing support enforcement
services under ORS 25.080, the obligee may enter into an
agreement with a collection agency, as defined in ORS 697.005,
for assistance in collecting child support payments.
(b) The department:
(A) Except as otherwise provided in this paragraph, shall
disburse support payments, to which the obligee is legally
entitled, to the collection agency according to the terms of the
agreement between the obligee and the collection agency;
(B) May not disburse moneys to the collection agency before the
obligee submits the form referred to in paragraph (c)(A) of this
subsection to the department and the department adjusts its
support payment records;
(C) May not disburse moneys to the collection agency after 180
days following the date the department adjusts its support
payment records as described in subparagraph (B) of this
paragraph;
(D) May not disburse moneys to the collection agency if the
collection agency violates any provision of this subsection;
(E) Shall credit the obligor's account for the full amount of
each support payment received by the department and disbursed to
the collection agency;
(F) Shall develop the form referred to in paragraph (c)(A) of
this subsection, which shall include a notice to the obligee
printed in type size equal to at least 12-point type that the
obligee may be eligible for support enforcement services from the
department or the district attorney without paying the interest
or fee that is typically charged by a collection agency; and
(G) May use information disclosed by the collection agency to
provide support enforcement services under ORS 25.080.
(c) The obligee shall:
(A) Provide to the department, on a form approved by the
department, information about the agreement with the collection
agency; and
(B) Promptly notify the department when the agreement is
terminated.
(d) The collection agency:
(A) May provide investigative and location services to the
obligee and disclose relevant information from those services to
the department for purposes of providing support enforcement
services under ORS 25.080;
(B) May not charge interest or a fee for its services exceeding
20 percent of each support payment received; and
(C) May not initiate, without written authorization from the
department, any enforcement action relating to support payments
on which support enforcement services are provided by the
department under ORS 25.080.
(4) 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.
(5) 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.
(6)(a) The 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' means 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.
(b) Nothing in this subsection limits the information the
administrator may provide by law to a party who is not
represented by an attorney.
(7) 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.
(8)(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. { + Such a
decree or order issued in a proceeding under ORS 107.085 or
107.485 shall contain the Social Security number of each party in
the manner established under section 1 of this 2003 Act. + }
(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.
(9)(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.
(10) 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, 110, 416, 419A, 419B and 419C that would otherwise
impose the same duties or functions upon the county clerk or the
Department of Human Services.
(11) Except as provided for in subsections (12), (13) and (14)
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.
(12) 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.
(13) 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 (12) of
this section, credit may be given pursuant to order of a hearing
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.
(14) 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.
(15) 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 8. ORS 432.121 is amended to read:
432.121. (1) To protect the integrity of vital records and
vital reports, to ensure their proper use and to ensure the
efficient and proper administration of the system of vital
statistics, it shall be unlawful for any person to permit
inspection of, or to disclose information from vital records or
vital reports in the custody of the State Registrar of the Center
for Health Statistics, county registrar or local registrar or to
copy or issue a copy of all or part of any such record or report
unless authorized by this chapter and by rules adopted pursuant
thereto or by order of a court of competent jurisdiction. Rules
adopted under this section shall provide for adequate standards
of security and confidentiality of vital records and vital
reports. { + The state registrar shall adopt rules to ensure
that, for records of dissolution of marriage issued in
proceedings under ORS 107.085 or 107.485, Social Security numbers
of the parties are kept confidential and exempt from public
inspection. + }
(2) The State Registrar of the Center for Health Statistics
shall authorize the inspection, disclosure and copying of the
information referred to in subsection (1) of this section as
follows:
(a) To the subject of the record; spouse, child, parent,
sibling or legal guardian of the subject of the record; an
authorized representative of the subject of the record, spouse,
child, parent, sibling or legal guardian of the subject of the
record; and, in the case of death, marriage or divorce records,
to other next of kin.
(b) When a person demonstrates that a death, marriage or
divorce record is needed for the determination or protection of a
personal or property right.
(c) When 100 years have elapsed after the date of birth or 50
years have elapsed after the date of death, marriage or divorce.
(d) When the person requesting the information demonstrates
that the person intends to use the information solely for
research purposes. In order to receive the information, the
person must submit a written request to the state registrar
requesting a research agreement. The state registrar shall issue
a research agreement if the person demonstrates that the
information will be used only for research and will be held
confidential. The research agreement shall prohibit the release
by the person of any information other than that authorized by
the agreement that might identify any person or institution.
(e) To the federal agency responsible for national vital
statistics, upon request. The copies or data may be used solely
for the conduct of official duties. Before furnishing the
records, reports or data, the state registrar shall enter into an
agreement with the federal agency indicating the statistical or
research purposes for which the records, reports or data may be
used. The agreement shall also set forth the support to be
provided by the federal agency for the collection, processing and
transmission of the records, reports or data. Upon written
request of the federal agency, the state registrar may approve,
in writing, additional statistical or research uses of the
records, reports or data supplied under the agreement.
(f) To federal, state and local governmental agencies, upon
request. The copies or data may be used solely for the conduct of
official duties of the requesting governmental agency.
(g) To offices of vital statistics outside this state when such
records or other reports relate to residents of those
jurisdictions or persons born in those jurisdictions. Before
furnishing the records, reports or data, the state registrar
shall enter into an agreement with the office of vital
statistics. The agreement shall specify the statistical and
administrative purposes for which the records, reports or data
may be used and the agreement shall further provide instructions
for the proper retention and disposition of the copies. Copies
received by the Center for Health Statistics from offices of
vital statistics in other states shall be handled in the same
manner as prescribed in this section.
(h) To an investigator licensed under ORS 703.430, upon
request.
(3) The state registrar, upon request of a family member or
legal representative, shall issue a certified copy or other copy
of a death certificate containing the cause of death information
as provided in subsection (2) of this section or as follows:
(a) When a person has demonstrated through documented evidence
a need for the cause of death to establish a legal right or
claim.
(b) When the request for the copy is made by or on behalf of an
organization that provides benefits to the decedent's survivors
or beneficiaries.
(4) Nothing in this section prohibits the release of
information or data that would not identify any person or
institution named in a vital record or a vital report.
(5) Nothing in this section shall prohibit a health care
provider from disclosing information contained in the provider's
records as otherwise allowed by law.
(6) Nothing in this section shall be construed to permit
disclosure of information contained in the 'Information for
Medical and Health Use Only' section of the birth certificate,
fetal death report or the 'Information for Statistical Purposes
Only' section of the certificate of marriage or certificate of
divorce, unless specifically authorized by the state registrar
for statistical or research purposes. The data shall not be
subject to subpoena or court order and shall not be admissible
before any court, tribunal or judicial body.
(7) All forms and procedures used in the issuance of certified
copies of vital records and vital reports shall be uniform and
provided by or approved by the state registrar. All certified
copies issued shall have security features that safeguard the
document against alteration, counterfeiting, duplication or
simulation without ready detection.
(8) Each copy issued shall show the date of filing. Copies
issued from records marked 'Amended' shall be similarly marked
and shall show the effective date of the amendment. Copies issued
from records marked 'Delayed' shall be similarly marked and shall
include the date of filing and a description of the evidence used
to establish the delayed certificate.
(9) Any copy issued of a certificate of foreign birth shall
indicate this fact and show the actual place of birth and the
fact that the certificate is not proof of United States
citizenship for an adoptive child.
(10) Appeals from decisions of the state registrar to refuse to
disclose information or to permit inspection or copying of
records as prescribed by this section and rules adopted pursuant
thereto shall be made under ORS 183.480 to 183.484.
(11) The state registrar shall adopt rules to implement this
section in accordance with the applicable sections of ORS 183.310
to 183.550.
(12) Indexes of deaths, marriages or divorces that list names,
dates of events, county of events or certificate numbers may be
disclosed.
SECTION 9. ORS 432.408 is amended to read:
432.408. (1) A record of each dissolution of marriage decree by
any court in this state shall be filed by the clerk of the court
with the Center for Health Statistics and shall be registered if
it has been completed and filed in accordance with this section.
The record shall be prepared by the petitioner or a legal
representative of the petitioner in the form prescribed or
furnished by the State Registrar of the Center for Health
Statistics and shall be presented to the clerk of the court with
the petition. In all cases the completed record shall be
prerequisite to the entry of the decree. { + The state registrar
shall design the record so that, for decrees or orders issued in
proceedings under ORS 107.085 or 107.485, the state registrar,
county clerks, county recording officers and state courts may
keep Social Security numbers confidential and exempt from public
inspection. + }
(2) The clerk of the court shall complete and forward to the
Center for Health Statistics on or before the 10th day of each
calendar month the records of each dissolution of marriage decree
granted during the preceding calendar month. { + The clerk shall
comply with procedures established under section 1 of this 2003
Act to ensure that, in the records completed and forwarded under
this subsection, the Social Security numbers of parties to a
proceeding under ORS 107.085 or 107.485 are kept confidential and
exempt from public inspection. + }
(3) A dissolution of marriage record not filed within the time
prescribed by subsection (2) of this section may be registered in
accordance with rules adopted by the state registrar.
SECTION 10. ORS 432.412 is amended to read:
432.412. { + (1) Except as provided in subsection (2) of this
section, + } notwithstanding any other provision of law, all
marriage records and all divorce records in the custody of a
county clerk or county recording officer and all divorce records
in the custody of the state courts are open and subject to full
disclosure.
{ + (2) Divorce records in the custody of the state courts
shall be completed and maintained in accordance with procedures
established under section 1 of this 2003 Act to ensure that the
Social Security numbers of parties to proceedings under ORS
107.085 and 107.485 are kept confidential and exempt from public
inspection. + }
SECTION 11. { + Section 1 of this 2003 Act is added to and
made a part of ORS chapter 107. + }
SECTION 12. { + The procedures established under section 1 of
this 2003 Act become operative on January 1, 2004. + }
SECTION 13. { + The amendments to ORS 25.020, 107.085,
107.500, 192.501, 432.121, 432.408 and 432.412 and ORCP 70 A by
sections 2 to 10 of this 2003 Act become operative on January 1,
2004. + }
SECTION 14. { + The procedures established under section 1 of
this 2003 Act and the amendments to ORS 25.020, 107.085, 107.500,
192.501, 432.121, 432.408 and 432.412 and ORCP 70 A by sections 2
to 10 of this 2003 Act apply only to records relating to
proceedings under ORS 107.085 and 107.485 initiated on or after
January 1, 2004. + }
SECTION 15. { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect on
its passage. + }
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