74th OREGON LEGISLATIVE ASSEMBLY--2007 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 957
A-Engrossed
House Bill 2124
Ordered by the House March 22
Including House Amendments dated March 22
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (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.
Permits Department of Justice to enter into agreement with
financial institution for periodic payment of garnishee search
fees. Adjusts method of reconciling amount of child support due
under multiple judgments. Corrects citations. Modifies time when
withholder must begin withholding income from obligor's pay.
Requires Department of Justice to cooperate with and provide
records to Department of Human Services for use in location of
parents of children who are applying for public assistance.
A BILL FOR AN ACT
Relating to administration of child support program; amending ORS
18.790, 25.280, 25.411 and 418.135 and section 1, chapter 83,
Oregon Laws 2005.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 18.790 is amended to read:
18.790. (1) Except as provided in subsection (2) of this
section, the garnishor must pay a $10 search fee at the time of
delivery of any writ of garnishment on a financial institution,
or at the time a notice of garnishment is delivered to the
financial institution under ORS 18.854. A separate search fee
must be delivered to the financial institution for each debtor if
the writ is issued for more than one debtor under ORS 18.607 (5).
If the search fee required by this section is not paid:
(a) The garnishment is not effective to garnish any property of
the debtor; and
(b) The financial institution need not file a garnishee
response.
(2) The search fee provided for in this section need not be
paid to a financial institution if the debtor is an employee of
the financial institution.
(3) Notwithstanding subsection (1) of this section, a financial
institution may enter into an agreement with any state agency
authorized to garnish pursuant to ORS { + 18.645 or + } 18.854
for periodic billing and payment of garnishee search fees
required under this section.
(4) The right of a financial institution to receive the search
fee provided for in this section does not in any way restrict or
impair the right of the financial institution to charge and
collect an additional garnishment processing fee from any debtor
whose property the financial institution holds, or to whom the
financial institution owes money. However, a financial
institution may not charge or collect a garnishment processing
fee in violation of ORS 652.610. If a financial institution
charges a garnishment processing fee, the financial institution
may collect the fee by deducting the amount of the fee from any
amount that the financial institution owes to the debtor.
SECTION 2. Section 1, chapter 83, Oregon Laws 2005, is amended
to read:
{ + Sec. 1. + } (1) As used in this section:
(a) 'Administrator' has the meaning given that term in ORS
25.010.
(b) 'Child support judgment' has the meaning given that term in
ORS 25.089.
(2) Notwithstanding the provisions of ORS 25.089, 25.091 and
416.448 to the contrary, the monetary support terms of a child
support judgment originating under ORS 416.440 are terminated by
the monetary support terms of a later-issued child support
judgment of a court if:
(a) The two child support judgments involve the same obligor
and child and the same period;
(b) The administrator was providing services under ORS 25.080;
(c) The later-issued child support judgment was entered before
January 1, 2004;
(d) The administrator or a court gave the later-issued child
support judgment precedence over the earlier-issued child support
judgment originating under ORS 416.440; and
(e) All parties had an opportunity to challenge the amount of
child support ordered in the later-issued child support judgment.
(3) Notwithstanding the provisions of ORS 25.091 (11) and
416.448 (7), for purposes of reconciling any monetary support
arrears or credits under the two child support judgments
described in subsection (2) of this section:
(a) The monetary support terms of the child support judgment
originating under ORS 416.440 are deemed terminated on the { +
effective + } date { + of + } the later-issued child support
judgment { - was entered as described in ORS 18.075 - } ; and
(b) Entry of the later-issued child support judgment does not
affect any support payment arrearage or credit that has accrued
under the earlier-issued child support judgment originating under
ORS 416.440.
SECTION 3. ORS 25.280 is amended to read:
25.280. In any judicial or administrative proceeding for the
establishment or modification of a child support obligation under
ORS chapters 107, 108, 109 { + , 110 or 416 + } { - and 416,
and ORS chapter 110 - } or ORS 419B.400, 419B.923, 419C.590 or
419C.610, the amount of support determined by the formula
established { - pursuant to ORS 25.270 to 25.287, 107.105,
416.415, 416.435 and 419B.400 or 419C.590 shall be - }
{ + under ORS 25.275 is + } presumed to be the correct amount of
the obligation. This { - shall be - } { + is + } a rebuttable
presumption and a written finding or a specific finding on the
record that the application of the formula would be unjust or
inappropriate in a particular case { - shall be - }
{ + is + } sufficient to rebut the presumption. The following
criteria shall be considered in making the finding:
(1) Evidence of the other available resources of a parent;
(2) The reasonable necessities of a parent;
(3) The net income of a parent remaining after withholdings
required by law or as a condition of employment;
(4) A parent's ability to borrow;
(5) The number and needs of other dependents of a parent;
(6) The special hardships of a parent including, but not
limited to, any medical circumstances of a parent affecting the
parent's ability to pay child support;
(7) The needs of the child;
(8) The desirability of the custodial parent remaining in the
home as a full-time parent and homemaker;
(9) The tax consequences, if any, to both parents resulting
from spousal support awarded and determination of which parent
will name the child as a dependent; and
(10) The financial advantage afforded a parent's household by
the income of a spouse or another person with whom the parent
lives in a relationship similar to husband and wife.
SECTION 4. ORS 25.411 is amended to read:
25.411. (1) The withholder shall start withholding not later
than { - five days after the first payday following receipt of
the order to withhold. - } { + the first pay period occurring
five days after the date of the order to withhold. However, if on
the date the employer receives the order the employer has already
calculated the payroll for that pay period and has prepared the
paycheck or submitted a deposit for that payroll, the employer
shall start withholding no later than the second pay period
occurring after the date of the order to withhold. + }
(2) Within seven business days after the date the obligor
receives income, the withholder shall pay amounts withheld to the
Department of Justice or to the obligee by deposit into the
obligee's bank account, whichever is specified in the order to
withhold. The withholder shall include, with the payment, the
obligor's name and case number and the date upon which the income
was withheld.
(3) When payments are made to the Department of Justice, the
withholder may combine amounts withheld from different obligors'
incomes in a single payment as long as such payment is
accompanied by a list that separately identifies which portion of
the payment is attributable to each obligor, the obligor's name
and case number, if any.
(4) As used in this section, { - the term - } 'business day
' means a day on which the Department of Justice is open for
regular business.
SECTION 5. ORS 418.135 is amended to read:
418.135. (1) All state, county and city agencies, officers and
employees shall cooperate in the location of parents who have
abandoned or deserted, or are failing to support, children
receiving { + or applying to receive + } public assistance and
shall on request supply the Department of Human Services, the
Division of Child Support of the Department of Justice or the
district attorney of any county in the state with all information
on hand relative to the location, income and property of such
parents { + , including information disclosed to the Division of
Child Support under ORS 314.840 (2)(j) + }. The granting of aid
to the applicant shall not be delayed or contingent upon receipt
of the answer to such requests by the Department of Human
Services, the Division of Child Support or the district attorney.
The Department of Human Services shall use such information only
for the purposes of administration of public assistance to such
children, and the district attorney and the Division of Child
Support shall use such information only for the purpose of
enforcing the liability of such parents to support such children,
and neither shall use the information or disclose it for any
other purpose. Any person who violates this prohibition against
disclosure, upon conviction, is punishable as provided in ORS
314.991 (2).
(2) The Department of Human Services shall cooperate with the
Division of Child Support or the district attorney prosecuting or
considering the prosecution of such parent for nonsupport and
shall report to the Division of Child Support or the district
attorney all information contained in the case record which
concerns the question of nonsupport and the suitability of
prosecution as a method of obtaining support for the child in
each case.
----------