Chapter 22
AN ACT
SB 307
Relating to domestic relations; creating new
provisions; amending ORS 18.180, 107.015, 107.093, 107.485, 107.730 and
109.020; and repealing ORS 106.210.
Be It Enacted by the People of
the State of
SECTION 1. ORS 18.180 is amended to read:
18.180. (1) Judgment
remedies for a judgment expire upon full satisfaction of the money award
portion of the judgment.
(2) If a judgment lien
arises out of a support award under ORS 18.150 (3) or 18.152 (3), a support
arrearage lien attaching to real property under the judgment lien expires upon
satisfaction of the unpaid installment that gave rise to the support arrearage
lien.
(3) Except as provided
in ORS 18.180 to 18.192, judgment remedies for a judgment in a civil action
expire 10 years after the entry of the judgment.
(4) Except as provided
in this subsection, judgment remedies for a judgment in a criminal action
expire 20 years after the entry of the judgment. Judgment remedies for a
judgment in a criminal action that includes a money award for restitution
expire 50 years after the entry of the judgment.
(5) Except as provided
in ORS 18.192, judgment remedies for the child support award portion of a
judgment, and any lump sum support award for child support, expire 25 years
after the entry of the judgment that first establishes
the support obligation.
(6)(a) Except as
provided by paragraph (b) of this subsection and ORS 18.190, judgment remedies
for any unpaid installment under the spousal support award portion of a
judgment, including any installment arrearage lien arising under the judgment,
expire 25 years after the entry of the judgment that first establishes the
support obligation, or 10 years after an installment comes due under the
judgment and is not paid, whichever is later.
(b) The judgment lien
for the spousal support award portion of a judgment that is entered on or after
January 1, 2004, including any installment arrearage lien arising under the
judgment, expires 25 years after the entry of the judgment that first
establishes the support obligation unless a certificate of extension is filed
under ORS 18.185.
(7)(a) If a money award
in a judgment under ORS 107.105 (1)(f) provides for a
future payment of money, [and the future
payment does not become due for 10 or more years after the judgment is entered,]
judgment remedies for the portion of the judgment providing for future payment
expire 10 years after the date on which the future payment becomes due. At any
time before the judgment remedies for a money award described in this
subsection expire, judgment remedies for the portion of the judgment providing
for a future payment may be extended as provided in ORS 18.182.
(b) This subsection does
not apply to support awards.
(8) This section does
not apply to justice courts, municipal courts or county courts performing
judicial functions.
SECTION 2. ORS 107.015 is amended to read:
107.015. (1) Except
as provided in subsection (2) of this section, a judgment for the annulment
or dissolution of a marriage may be rendered [for the following causes]:
[(1)] (a) When either party to the marriage was incapable of
making [such] the marriage
contract or consenting [thereto] to
the marriage for want of legal age or sufficient understanding; or
[(2)] (b) When the consent of either party was obtained by
force or fraud[;].
(2) A judgment for
the annulment or dissolution of a marriage may not be rendered for a reason
[provided that in the situations]
described in subsection (1) [or (2)]
of this section [the] if the
marriage contract was [not]
afterward ratified.
SECTION 3. ORS 107.093 is amended to read:
107.093. (1) After a
petition for marital annulment, separation or dissolution is filed and upon
service of summons and petition upon the respondent as provided in ORCP 7, a
restraining order is in effect against the petitioner and the respondent until
a final [decree or] judgment is
issued, until the petition for marital annulment, separation or dissolution is
dismissed, or until further order of the court.
(2) The restraining
order issued under this section shall restrain the petitioner and respondent
from:
(a) Canceling,
modifying, terminating or allowing to lapse for nonpayment of premiums any
policy of health insurance, homeowner or renter insurance or automobile
insurance that one party maintains to provide coverage for the other party or a
minor child of the parties, or any life insurance policy that names either of
the parties or a minor child of the parties as a beneficiary.
(b) Changing
beneficiaries or covered parties under any policy of health insurance,
homeowner or renter insurance or automobile insurance that one party maintains
to provide coverage for the other party or a minor child of the parties, or any
life insurance policy.
[(c)(A)] (c) Transferring,
encumbering, concealing or disposing of property in which the other party has
an interest, in any manner, without written consent of the other party or an
order of the court, except in the usual course of business or for necessities
of life.
[(B)] This paragraph does not apply to
payment by either party of:
[(i)] (A) Attorney fees in the
existing action;
[(ii)] (B) Real estate and income
taxes;
[(iii)] (C) Mental health therapy
expenses for either party or a minor child of the parties; or
[(iv)] (D) Expenses
necessary to provide for the safety and welfare of a party or a minor child of
the parties.
[(d)(A)] (d) Making extraordinary
expenditures without providing written notice and an accounting of the
extraordinary expenditures to the other party.
[(B)] This paragraph does not apply to
payment by either party of expenses necessary to provide for the safety and
welfare of a party or a minor child of the parties.
(3) Either party
restrained under this section may apply to the court for further temporary
orders, including modification or revocation of the restraining order issued
under this section.
(4) The restraining
order issued under this section shall also include a notice that either party
may request a hearing on the restraining order by filing a request for hearing
with the court.
(5) A copy of the
restraining order issued under this section shall be attached to the summons.
(6) A party who violates
a term of a restraining order issued under this section is subject to
imposition of remedial sanctions under ORS 33.055 based on the violation, but
is not subject to:
(a) Criminal prosecution
based on the violation; or
(b)
Imposition of punitive sanctions under ORS 33.065 based on the violation.
SECTION 4. ORS 107.485 is amended to read:
107.485. A marriage may
be dissolved by the summary dissolution procedure specified in this section and
ORS 107.490 and 107.500 when all of the following conditions exist at the time
the proceeding is commenced:
(1) The jurisdictional
requirements of ORS 107.025 and 107.075 are met.
(2)(a) There are
no minor children born to the parties or adopted by the parties during the marriage[.];
(b) There are no children over age 18 attending
school, as described in ORS 107.108, either born to the parties or adopted by
the parties during the marriage[.];
(c) There are no minor children born to or
adopted by the parties prior to the marriage[.]; and
(d) The wife is not now pregnant.
(3) The marriage is not
more than 10 years in duration.
(4) Neither party has
any interest in real property wherever situated.
(5) There are no unpaid
obligations in excess of $15,000 incurred by either or both of the parties from
the date of the marriage.
(6) The total aggregate
fair market value of personal property assets in which either of the parties
has any interest, excluding all encumbrances, is less than $30,000.
(7) The petitioner
waives any right to spousal support.
(8) The petitioner
waives any rights to pendente lite orders except those pursuant to ORS 107.700
to 107.735 or 124.005 to 124.040.
(9) The petitioner knows
of no other pending domestic relations suits involving the marriage in this or
any other state.
SECTION 5. ORS 107.730 is amended to read:
107.730. (1) At any time
after an order has been issued under ORS 107.700 to 107.735 and after the time
period set forth in ORS 107.718 (10)(a), a party may request that the court
modify terms in the order that provide for custody and parenting time.
(2) The clerk of the
court shall provide without charge the number of certified true copies of the
request for modification of the order and notice of hearing necessary to effect
service and, at the election of the party requesting the modification, shall
have a true copy of the request and notice delivered to the county sheriff for
service upon the other party.
(3) Service shall be in
the manner provided by law for service of summons. The county sheriff shall
serve the other party personally unless the party requesting the modification
elects to have the other party served personally by a private party.
(4) The provisions of
ORS 107.716 (5) apply to a modification of an order under this section.
(5) The court may
assess against either party a reasonable attorney fee and such costs as may be
incurred in the proceeding.
SECTION 6. ORS 109.020 is amended to read:
109.020. If any minor,
whose [father] parent is
living, has property the income of which is sufficient for the maintenance and
education of the minor in a manner more expensive than the [father] parent can reasonably
afford, regard being had to the situation of the [father’s] parent’s family and to all the circumstances of
the case, the expenses of the maintenance and education of the minor may be
wholly or partially defrayed out of the income of the property of the minor, as
is judged reasonable by the court having probate jurisdiction. The charges
therefor may be allowed accordingly in the settlement of the accounts of the
guardian or the conservator of the minor of the estate of the minor.
SECTION 7. ORS 106.210 is repealed.
SECTION 8. The repeal of ORS 106.210 by section 7 of
this 2007 Act does not affect the validity of any marriage validated by ORS
106.210 or the legitimacy of any child conceived or born of such marriage.
Approved by the Governor April 4, 2007
Filed in the office of Secretary of State April 5, 2007
Effective date January 1, 2008
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