74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 307
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Oregon State Bar Family Law Section)
CHAPTER ................
AN ACT
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 Oregon:
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.
Enrolled Senate Bill 307 (SB 307-INTRO) Page 1
(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;
Enrolled Senate Bill 307 (SB 307-INTRO) Page 2
{ - (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
Enrolled Senate Bill 307 (SB 307-INTRO) Page 3
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. + }
----------
Passed by Senate February 26, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House March 26, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 307 (SB 307-INTRO) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 307 (SB 307-INTRO) Page 5