75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2272
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)
CHAPTER ................
AN ACT
Relating to medical support; creating new provisions; and
amending ORS 25.010, 25.089, 25.091, 25.275, 25.321, 25.323,
25.325, 25.333, 107.106 and 416.448.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 25.321 is amended to read:
25.321. As used in ORS 25.321 to 25.343:
{ - (1) 'Accessible' means that, unless otherwise provided in
a support order: - }
{ - (a) A health benefit plan does not have service area
limitations or the health benefit plan provides an option not
subject to service area limitations; - }
{ - (b) A health benefit plan has service area limitations
and the child lives within 30 miles or 30 minutes of a primary
care provider under the plan; or - }
{ - (c) A health benefit plan is accessible as defined in
rules of the Department of Justice. - }
{ - (2) 'Enforcing agency' means the administrator. - }
{ - (3) 'Enroll' means to be eligible for and covered by a
health benefit plan. - }
{ - (4) 'Health benefit plan' means any policy or contract of
insurance, indemnity, subscription or membership issued by an
insurer, including health care coverage provided by a public
entity, and any self-insured employee benefit plan that provides
coverage for medical expenses. - }
{ - (5)(a) 'Health care coverage' means providing and paying
for the medical needs of a child through a health benefit
plan. - }
{ - (b) 'Health care coverage' does not include and is a
separate obligation from any monetary amount of child support or
spousal support ordered to be paid. - }
{ - (6) 'Medical support' means an amount ordered to be paid
toward the cost of: - }
{ - (a) Health care coverage, including premiums, provided by
a public entity or by another parent through employment or
otherwise; and - }
{ - (b) Copayments, deductibles and other medical expenses
not covered by a health benefit plan. - }
{ - (7) 'Medical support notice' means a notice as prescribed
under 42 U.S.C. 666(a)(19) or a substantially similar notice that
Enrolled House Bill 2272 (HB 2272-A) Page 1
is issued and forwarded by the enforcing agency to enforce health
care coverage provisions of a support order. - }
{ - (8) 'Plan administrator' means: - }
{ - (a) The employer, union or other provider that offers a
health benefit plan; or - }
{ - (b) The person to whom, under a written agreement of the
parties, the duty of plan administrator is delegated by the
employer, union or other provider that offers a health benefit
plan. - }
{ - (9) 'Primary care provider' means a physician who
provides primary care and is a family or general practitioner,
pediatrician, internist, obstetrician, or gynecologist. - }
{ - (10) 'Providing party' means a party to a child support
order who has been ordered by the court or the enforcing agency
to provide health care coverage for a child or to provide such
coverage when it becomes available to the party. - }
{ - (11) 'Satisfactory health care coverage' means coverage
provided under a health benefit plan that, at a minimum, includes
medical and hospital coverage, provides for preventive,
emergency, acute and chronic care and imposes reasonable
deductibles and copayments. - }
{ + (1) 'Cash medical support' means an amount that a parent
is ordered to pay to defray the cost of health care coverage
provided for a child by the other parent, or to defray uninsured
medical expenses of the child.
(2) 'Child support order' means a judgment or administrative
order that creates child support rights and that is entered or
issued under ORS 416.400 to 416.465, 419B.400 or 419C.590 or this
chapter or ORS chapter 107, 108, 109 or 110.
(3) 'Employee health benefit plan' means a health benefit plan
that is available to a providing party by reason of the providing
party's employment.
(4) 'Enforcing agency' means the administrator.
(5) 'Health benefit plan' means any policy or contract of
insurance, indemnity, subscription or membership issued by an
insurer, including health care coverage provided by a public
body, and any self-insured employee benefit plan that provides
coverage for medical expenses.
(6) 'Health care coverage' means providing and paying for the
medical needs of a child through a policy or contract of
insurance, indemnity, subscription or membership issued by an
insurer, including medical assistance provided by a public body,
and any self-insured employee benefit plan that provides coverage
for medical expenses.
(7) 'Medical support' means cash medical support and health
care coverage.
(8) 'Medical support clause' means a provision in a child
support order that requires one or both of the parents to provide
medical support for the child.
(9) 'Medical support notice' means a notice in the form
prescribed under ORS 25.325 (5).
(10) 'Plan administrator' means:
(a) The employer, union or other provider that offers a health
benefit plan; or
(b) The person to whom, under a written agreement of the
parties, the duty of plan administrator is delegated by the
employer, union or other provider that offers a health benefit
plan.
(11) 'Private health care coverage' means all health care
coverage other than medical assistance provided by a public body.
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(12) 'Providing party' means a party to a child support order
who has been ordered by the court or the enforcing agency to
provide medical support.
(13) 'Public body' has the meaning given that term in ORS
174.109. + }
SECTION 2. ORS 25.323 is amended to read:
25.323. { - (1) Except as provided in this section, whenever
a child support order is entered or modified under this chapter,
ORS chapter 107, 108, 109, 110 or ORS 416.400 to 416.465,
419B.400 or 419C.590, the court or the enforcing agency shall
order one or both parties to provide satisfactory health care
coverage that is reasonable in cost and accessible to the child.
An order for health care coverage under this subsection may
include health care coverage provided by a public entity. - }
{ - (2) In addition to ordering health care coverage under
subsection (1) of this section, the court or enforcing agency may
order one or both parties to pay medical support for the child.
Medical support ordered under this subsection must be reasonable
in cost. - }
{ - (3) If the court or the enforcing agency finds that the
parties cannot provide satisfactory health care coverage because
satisfactory health care coverage that is reasonable in cost and
accessible to the child is not available at the time the child
support order is entered, the court or the enforcing agency: - }
{ - (a) Shall order one or both parties to provide
satisfactory health care coverage that is reasonable in cost and
accessible to the child when the coverage becomes available;
and - }
{ - (b) May order that, until the court or enforcing agency
determines that satisfactory health care coverage that is
reasonable in cost and accessible to the child is available and
modifies the order, one or both parties pay medical support that
is reasonable in cost. The court or enforcing agency shall make
written findings on whether to order the payment of medical
support under this paragraph. - }
{ - (4) The cost of any amount ordered to provide
satisfactory health care coverage and medical support under this
section must be included in the child support calculation made
under ORS 25.275. - }
{ - (5) The court or enforcing agency may not order a party
to pay medical support under this section if the party is
eligible to receive medical assistance under ORS 414.032, or has
a dependent child in the household who is eligible to receive
medical assistance under ORS 414.032. - }
{ - (6) The Department of Justice shall adopt rules for
determining the reasonableness of the cost of satisfactory health
care coverage and of medical support for the purposes of this
section, and for determining how the costs of providing health
care coverage and medical support affect the total support
obligation for a child under ORS 25.275. - }
{ + (1) Every child support order must include a medical
support clause.
(2) Whenever a child support order that does not include a
medical support clause is modified the modification must include
a medical support clause.
(3) A medical support clause may require that medical support
be provided in more than one form, and may make the requirement
that medical support be provided in a particular form contingent
on the availability of another form of medical support.
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(4) A medical support clause must require that one or both
parents provide private health care coverage for a child that is
appropriate and available at the time the order is entered. If
private health care coverage for a child is not appropriate and
available at the time the order is entered, the order must:
(a) Require that one or both parents provide private health
care coverage for the child at any time thereafter when such
coverage becomes available; and
(b) Either require the payment of cash medical support, or
include findings on why cash medical support has not been
required.
(5) For the purposes of subsection (4) of this section, private
health care coverage is appropriate and available for a child if
the coverage:
(a) Is accessible, as described in subsection (6) of this
section;
(b) Is reasonable in cost and does not require the payment of
unreasonable deductibles or copayments; and
(c) Provides coverage, at a minimum, for medical expenses,
hospital expenses, preventive care, emergency care, acute care
and chronic care.
(6) Private health care coverage is accessible for the purposes
of subsection (5)(a) of this section if:
(a) The coverage will be available for at least one year, based
on the work history of the parent providing the coverage; and
(b) The coverage either does not have service area limitations
or the child lives within 30 miles or 30 minutes of a primary
care provider who is eligible for payment under the coverage.
(7) A medical support clause may not order a providing party to
pay cash medical support or provide health care coverage if the
providing party's income is equal to or less than the Oregon
minimum wage for full-time employment.
(8) Cash medical support and the cost of other medical support
ordered under a medical support clause constitute a child support
obligation and must be included in the child support calculation
made under ORS 25.275. + }
SECTION 3. ORS 25.325 is amended to read:
25.325. { - (1) When a child support order requires a party
to provide health care coverage for a child under a health
benefit plan: - }
{ - (a) The court or the enforcing agency may issue a
qualified medical child support order as provided in section 609
of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1169) directing the providing party's employer or plan
administrator to enroll the providing party's child in a health
benefit plan and directing the providing party's employer to
withhold any required premium from the providing party's
compensation. - }
{ - (b) If support enforcement services are being provided
under ORS 25.080, the enforcing agency shall, when
appropriate: - }
{ - (A) Issue a medical support notice in accordance with
rules adopted by the Department of Justice. - }
{ - (B) Issue a medical support notice to the providing
party's employer within two business days of receiving
information under ORS 25.790 that the employer has hired or
rehired the providing party. - }
{ + (1) When a child support order with a medical support
clause is entered, the court or the enforcing agency may issue a
qualified medical child support order as provided in section 609
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of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1169). The qualified medical child support order shall
direct the providing party's employer, or the plan administrator
for the providing party's employee health care coverage, to
enroll the providing party's child in the employee health benefit
plan and direct the providing party's employer to withhold any
required premium from the providing party's compensation.
(2) When a child support order with a medical support clause is
entered and support enforcement services are being provided under
ORS 25.080, the enforcing agency shall, when appropriate, issue a
medical support notice to the providing party's employer within
two business days after receiving information under ORS 25.790
that the employer has hired or rehired the providing party. + }
{ - (2) - } { + (3) + } If { - an order to provide health
care coverage - } { + a child support order with a medical
support clause + } is in effect or is being sought:
(a) The providing party's employer or { + the + } plan
administrator { + for the providing party's employee health
care coverage + }shall release to the enforcing agency, upon
request, the name and address of the { - insurer - }
{ + health benefit plan that provides the coverage + } and
{ - any - } { + the + } plan administrator; and
(b) The plan administrator shall release to the obligee or the
enforcing agency, upon request, information about
{ - dependent - } health care coverage { + for dependents + }
under the { + employee + } health benefit plan.
{ - (3) - } { + (4) + } If a qualified medical child
support order or a medical support notice has been served on the
providing party's employer, the order or notice is binding on the
employer and the plan administrator { + for the providing
party's employee health benefit plan + }to the extent that the
child is eligible to be enrolled in the health benefit plan under
the applicable terms and conditions of the plan and the standard
enrollment guidelines as described in ORS 743.847. Enrollment of
the child shall be allowed at any time, notwithstanding any
enrollment season restrictions.
{ + (5) The Department of Justice, by rule, shall prescribe
the form of a medical support notice for the purposes of ORS
25.321 to 25.343. In prescribing the form, the department shall
consider all relevant federal law relating to medical support
notices. + }
SECTION 4. ORS 25.010 is amended to read:
25.010. As used in ORS chapters 25, 107, 109 and 416 and any
other statutes providing for support payments or support
enforcement procedures, unless the context requires otherwise:
(1) 'Administrator' means either the Administrator of the
Division of Child Support of the Department of Justice or a
district attorney, or the administrator's or a district
attorney's authorized representative.
(2) 'Child' has the meaning given that term in ORS 110.303.
(3) 'Child support rights' means the right to establish or
enforce an obligation imposed or imposable by law to provide
support, including but not limited to medical support { + as
defined in ORS 25.321 + } and an unsatisfied obligation to
provide support.
(4) 'Department' means the Department of Justice.
(5) 'Disposable income' means that part of the income of an
individual remaining after the deduction from the income of any
amounts required to be withheld by law except laws enforcing
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spousal or child support and any amounts withheld to pay medical
or dental insurance premiums.
(6) 'Employer' means any entity or individual who engages an
individual to perform work or services for which compensation is
given in periodic payments or otherwise.
(7) 'Income' is any monetary obligation in excess of $4.99
after the fee described in ORS 25.414 (6) has been deducted that
is in the possession of a third party owed to an obligor and
includes but is not limited to:
(a) Compensation paid or payable for personal services whether
denominated as wages, salary, commission, bonus or otherwise;
(b) Periodic payments pursuant to a pension or retirement
program;
(c) Cash dividends arising from stocks, bonds or mutual funds;
(d) Interest payments;
(e) Periodic payments from a trust account;
(f) Any program or contract to provide substitute wages during
times of unemployment or disability;
(g) Any payment pursuant to ORS chapter 657; or
(h) Amounts payable to independent contractors.
(8) 'Obligee' has the meaning given that term in ORS 110.303.
(9) 'Obligor' has the meaning given that term in ORS 110.303.
(10) 'Order to withhold' means an order or other legal process
that requires a withholder to withhold support from the income of
an obligor.
(11) 'Public assistance' has the meaning given that term in ORS
416.400.
(12) 'Withholder' means any person who disburses income and
includes but is not limited to an employer, conservator, trustee
or insurer of the obligor.
SECTION 5. ORS 25.089 is amended to read:
25.089. (1) As used in this section, 'child support judgment'
means the terms of a judgment or order of a court, or an order
that has been filed under ORS 416.440, that provide for past or
current { - monetary - } { + child + } support { - or for a
health benefit plan under ORS 25.321 to 25.343 for the benefit of
a child - } { + , including medical support as defined in ORS
25.321 + }. 'Child support judgment' does not include any term of
a judgment or order that deals with matters other than
{ - monetary support or a health benefit plan under ORS 25.321
to 25.343 for the benefit of a child - } { + child support + }.
(2)(a) A child support judgment originating under ORS 416.440
has all the force, effect and attributes of a circuit court
judgment. The judgment lien created by a child support judgment
originating under ORS 416.440 applies to all arrearages owed
under the underlying order from the date the administrator or
administrative law judge entered, filed or registered the
underlying order under ORS 416.400 to 416.465 or ORS chapter 110.
(b) Until the underlying order is filed under ORS 416.440, the
order may not be enforced against and has no lien effect on real
property.
(c) No action to enforce a child support judgment originating
under ORS 416.440 may be taken while the child support judgment
is stayed under ORS 416.427, except as permitted in the order
granting the stay.
(3) In any judicial or administrative proceeding in which child
support may be awarded under this chapter or ORS chapter 107,
108, 109, 110 or 416 or ORS 125.025, 419B.400 or 419C.590, if a
child support judgment already exists with regard to the same
obligor and child:
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(a) A court may only enforce the existing child support
judgment, modify the existing child support judgment as
specifically authorized by law or set aside the existing child
support judgment under subsection (6) of this section or under
the provisions of ORCP 71. If the court sets aside the existing
child support judgment, the court may issue a new child support
judgment.
(b) The administrator or administrative law judge may only
enforce the existing child support judgment, modify the existing
child support judgment as specifically authorized by law or, with
regard to an existing child support judgment originating under
ORS 416.400, move to set aside the existing child support
judgment under subsection (6) of this section or for the reasons
set out in ORCP 71.
(4) If the administrator or administrative law judge finds that
there exist two or more child support judgments involving the
same obligor and child and the same period of time, the
administrator or administrative law judge shall apply the
provisions of ORS 416.448.
(5)(a) If the court finds that there exist two or more child
support judgments involving the same obligor and child and the
same period of time, and each judgment was issued in this state,
the court shall apply the provisions of ORS 25.091 to determine
the controlling terms of the child support judgments and to issue
a governing child support judgment as defined in ORS 25.091.
(b) If the court finds that there exist two or more child
support judgments involving the same obligor and child and the
same period of time, and one or more of the judgments was issued
by a tribunal of another state, the court shall apply the
provisions of ORS chapter 110 to determine which judgment is the
controlling child support order.
(6) Subject to the provisions of subsection (3) of this
section, a court may modify or set aside a child support judgment
issued in this state when:
(a) The child support judgment was issued without prior notice
to the issuing court, administrator or administrative law judge
that:
(A) There was pending in this state or any other jurisdiction
any type of support proceeding involving the child; or
(B) There existed in this state or any other jurisdiction
another child support judgment involving the child; or
(b) The child support judgment was issued after another child
support judgment, and the later judgment did not enforce, modify
or set aside the earlier judgment in accordance with this
section.
(7) When modifying a child support judgment, the court,
administrator or administrative law judge shall specify in the
modification judgment the effects of the modification on the
child support judgment being modified.
SECTION 6. ORS 25.091 is amended to read:
25.091. (1) As used in this section:
(a) 'Child support judgment' has the meaning given that term in
ORS 25.089.
(b) 'Governing child support judgment' means a child support
judgment issued in this state that addresses { - both
monetary - } { + child + } support { - and a health benefit
plan under ORS 25.321 to 25.343 - } { + , including medical
support as defined in ORS 25.321, + } and is entitled to
exclusive prospective enforcement or modification with respect to
any earlier child support judgment issued in this state.
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(2) Notwithstanding any other provision of this section or ORS
25.089, when two or more child support judgments exist involving
the same obligor and child and one or more of the judgments was
issued by a tribunal of another state, the court shall apply the
provisions of ORS chapter 110 before enforcing or modifying a
judgment under this section or ORS 25.089.
(3) When two or more child support judgments exist involving
the same obligor and child and the same period, any party to one
or more of the child support judgments or the administrator,
under ORS 416.448, may file a petition with the court for a
governing child support judgment under this section. When a
matter involving a child is before the court and the court finds
that two or more child support judgments exist involving the same
obligor and child and the same period, the court on its own
motion, and after notice to all affected parties, may determine
the controlling terms of the child support judgments and issue a
governing child support judgment under this section.
(4) { + (a) Except as provided in paragraph (b) of this
subsection, + } when two or more child support judgments exist
involving the same obligor and child and the same period, and
each judgment was issued in this state, there is a presumption
that the terms of the last-issued child support judgment are the
controlling terms and terminate contrary terms of each
earlier-issued child support judgment { - , except that: - }
{ + . + }
{ - (a) When the last-issued child support judgment is silent
about monetary support for the benefit of the child, the monetary
support terms of an earlier-issued child support judgment
continue; and - }
{ - (b) When the last-issued child support judgment is silent
about a health benefit plan under ORS 25.321 to 25.343 for the
benefit of a child, the health benefit plan terms of an
earlier-issued child support judgment continue. - }
{ + (b) If the earlier-issued child support judgment requires
provision of a specific type of child support and the last-issued
child support judgment is silent with respect to that type of
child support, the requirement of the earlier-issued child
support judgment continues in effect. + }
(5) A party may rebut the presumption in subsection (4) of this
section by showing that:
(a) The last-issued child support judgment should be set aside
under the provisions of ORCP 71;
(b) The last-issued child support judgment was issued without
prior notice to the issuing court, administrator or
administrative law judge that:
(A) There was pending in this state or any other jurisdiction
any type of support proceeding involving the child; or
(B) There existed in this state or any other jurisdiction
another child support judgment involving the child; or
(c) The last-issued child support judgment was issued after an
earlier child support judgment and did not enforce, modify or set
aside the earlier child support judgment in accordance with ORS
25.089.
(6) When a court finds that two or more child support judgments
exist involving the same obligor and child and the same period,
and each child support judgment was issued in this state, the
court shall set the matter for hearing to determine the
controlling terms of the child support judgments. When the child
support judgments were issued in different counties of this
state, the court may cause the records from the original
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proceedings to be transmitted to the court in accordance with ORS
25.100.
(7) Following a review of each child support judgment and any
other evidence admitted by the court:
(a) The court shall apply the presumption in subsection (4) of
this section, unless the presumption is rebutted, and shall
determine the controlling terms of the child support judgments;
and
(b) Notwithstanding ORS 25.089 (3), the court shall issue a
governing child support judgment addressing { - both
monetary - } { + child + } support { - and a health benefit
plan under ORS 25.321 to 25.343 - } { + , including medical
support as defined in ORS 25.321, + } for the benefit of the
child.
(8) The governing child support judgment must include:
(a) A reference to each child support judgment considered and a
copy of the judgment;
(b) A determination of which terms regarding { - monetary
support and a health benefit plan under ORS 25.321 to 25.343 - }
{ + child support, including medical support as defined in ORS
25.321, + } are controlling and which child support judgment or
judgments contain those terms;
(c) An affirmation, termination or modification of the terms
regarding { - monetary support and a health benefit plan under
ORS 25.321 to 25.343 - } { + child support, including medical
support as defined in ORS 25.321, + } in each of the child
support judgments;
(d) Except as provided in subsection (9) of this section, a
reconciliation of any { - monetary - } { + child + } support
arrears or credits under all of the child support judgments; and
(e) The effective date of each controlling term and the
termination date of each noncontrolling term in each of the child
support judgments. In determining these dates, the court may
apply the following:
(A) A controlling term is effective on the date specified in
the child support judgment containing that term or, if no date is
specified, on the date the child support judgment was entered as
described in ORS 18.075.
(B) A noncontrolling term is terminated on the date the
governing child support judgment is entered as described in ORS
18.075.
(9) The court may order the parties, in a separate proceeding
under ORS 25.167 or 416.429, to reconcile any { - monetary - }
{ + child + } support arrears or credits under all of the child
support judgments.
(10) When the governing child support judgment is entered as
described in ORS 18.075, the noncontrolling terms of each earlier
child support judgment { - regarding monetary support or a
health benefit plan under ORS 25.321 to 25.343 - } { + + }are
terminated. However, subject to subsection (11) of this section,
the entry of the governing child support judgment does not affect
any { + child + } support payment arrearage or any liability
related to { - health benefit plan coverage - } { + medical
support, as defined in ORS 25.321, + } that has accrued under a
child support judgment before the governing child support
judgment is entered.
(11) For purposes of reconciling any { - monetary - } { +
child + } support arrears or credits under all of the child
support judgments, amounts collected and credited for a
particular period under one child support judgment must be
Enrolled House Bill 2272 (HB 2272-A) Page 9
credited against the amounts accruing or accrued for the same
period under any other child support judgment.
(12) Not sooner than 30 days and not later than 60 days after
entry of the governing child support judgment, a party named by
the court, or the petitioner if the court names no other party,
shall file a certified copy of the governing child support
judgment with each court or the administrator that issued an
earlier child support judgment. A party who fails to file a
certified copy of the governing child support judgment as
required by this subsection is subject to monetary sanctions,
including but not limited to attorney fees, costs and
disbursements. A failure to file does not affect the validity or
enforceability of the governing child support judgment.
(13) This section applies to any judicial proceeding in which
child support may be awarded or modified under this chapter or
ORS chapter 107, 108, 109 or 416 or ORS 125.025, 419B.400,
419B.923, 419C.590 or 419C.610.
SECTION 7. ORS 25.275 is amended to read:
25.275. (1) The Division of Child Support of the Department of
Justice shall establish by rule a formula for determining child
support awards in any judicial or administrative proceeding. In
establishing the formula, the division shall take into
consideration the following criteria:
(a) All earnings, income and resources of each parent,
including real and personal property;
(b) The earnings history and potential of each parent;
(c) The reasonable necessities of each parent;
(d) The ability of each parent to borrow;
(e) The educational, physical and emotional needs of the child
for whom the support is sought;
(f) The amount of assistance that would be paid to the child
under the full standard of need of the state's IV-A plan;
(g) Preexisting support orders and current dependents; and
(h) Other reasonable criteria that the division may find to be
appropriate.
(2) The formula described in subsection (1) of this section
must also comply with the following standards:
(a) The child is entitled to benefit from the income of both
parents to the same extent that the child would have benefited
had the family unit remained intact or if there had been an
intact family unit consisting of both parents and the child.
(b) Both parents should share in the costs of supporting the
child in the same proportion as each parent's income bears to the
combined income of both parents.
(3) The formula described in subsection (1) of this section
must be designed to ensure, as a minimum, that the child for whom
support is sought benefits from the income and resources of the
absent parent on an equitable basis in comparison with any other
minor children of the absent parent.
(4) The child support obligation to be paid by the obligor and
determined under the formula described in subsection (1) of this
section:
(a) May be reduced or increased in consideration of { - the
costs of a health benefit plan incurred by the obligor or
obligee - } { + medical support + }, as provided in ORS 25.321
to 25.343.
(b) May be reduced dollar for dollar in consideration of any
Social Security or apportioned Veterans' benefits paid to the
child, or to a representative payee administering the funds for
Enrolled House Bill 2272 (HB 2272-A) Page 10
the child's use and benefit, as a result of the obligor's
disability or retirement.
(c) Shall be reduced dollar for dollar in consideration of any
Survivors' and Dependents' Educational Assistance under 38 U.S.C.
chapter 35 paid to the child, or to a representative payee
administering the funds for the child's use and benefit, as a
result of the obligor's disability or retirement.
SECTION 8. ORS 107.106 is amended to read:
107.106. (1) An order or judgment providing for the custody,
parenting time, visitation or support of a child under ORS
chapter 25, 107, 108, 109 or 110 or ORS 419B.400 or 419C.590
shall include:
(a) Provisions addressing the issues of:
(A) Payment of uninsured medical expenses of the child;
(B) Maintenance of insurance or other security for support; and
(C) { - Maintenance of a health benefit plan - } { +
Medical support + } for the child under ORS 25.321 to 25.343.
(b) A statement in substantially the following form:
_________________________________________________________________
The terms of child support and parenting time (visitation) are
designed for the child's benefit and not the parents' benefit.
You must pay support even if you are not receiving visitation.
You must comply with visitation orders even if you are not
receiving child support.
Violation of child support orders and visitation orders is
punishable by fine, imprisonment or other penalties.
Publicly funded help is available to establish, enforce and
modify child support orders. Paternity establishment services are
also available. Contact your local district attorney or the
Department of Justice at (503) 373-7300 for information.
Publicly funded help may be available to establish, enforce and
modify visitation orders. Forms are available to enforce
visitation orders. Contact the domestic relations court clerk or
civil court clerk for information.
_________________________________________________________________
(2) The court or administrative law judge shall ensure the
creation and filing of an order or judgment that complies with
this section.
(3) This section does not apply to an action undertaken by the
Division of Child Support of the Department of Justice or a
district attorney under ORS 25.080.
SECTION 9. ORS 416.448 is amended to read:
416.448. (1) As used in this section:
(a) 'Child support judgment' has the meaning given that term in
ORS 25.089.
(b) 'Governing child support judgment' has the meaning given
that term in ORS 25.091.
(2) Notwithstanding any other provision of this section or ORS
25.089, when two or more child support judgments exist involving
the same obligor and child, and when one or more of the judgments
was issued by a tribunal of another state, the administrator
shall apply the provisions of ORS chapter 110 before enforcing or
modifying a child support judgment under this section or ORS
25.089.
(3) When the administrator finds that two or more child support
judgments exist involving the same obligor and child and the same
period, and each child support judgment was issued in this state:
Enrolled House Bill 2272 (HB 2272-A) Page 11
(a) The administrator may petition the court for the county
where a child who is subject to the judgments resides for a
governing child support judgment under ORS 25.091; or
(b) The administrator may apply the presumption described in
ORS 25.091, determine the controlling terms of the child support
judgments and issue a proposed governing child support order and
notice to the parties in the manner prescribed by rules adopted
by the Department of Justice under ORS 416.455. The proposed
governing child support order must include all of the information
described in ORS 25.091 (8). The administrator shall serve the
proposed governing child support order and notice in the manner
provided in ORS 416.425. The notice must include a statement that
the proposed governing child support order shall become final
unless a written objection is made to the administrator within 60
days after service of the proposed governing child support order
and notice.
(4) If the administrator receives a timely written objection to
a proposed governing child support order issued under subsection
(3)(b) of this section, the administrator shall certify the
matter to the court for the county where a child who is subject
to the judgments resides for a governing child support judgment
under ORS 25.091.
(5) If the administrator does not receive a timely written
objection to a proposed governing child support order issued
under subsection (3)(b) of this section, the governing child
support order is final. The administrator shall certify the
governing child support order to a court for review and approval
under ORS 416.425 (10). The governing child support order is not
effective until reviewed and approved by the court. If the court
approves the governing child support order, the governing child
support order becomes the governing child support judgment upon
filing as provided in ORS 416.440.
(6) When a governing child support judgment is entered as
described in ORS 416.440, the noncontrolling terms of each
earlier child support judgment { - regarding monetary support
or a health benefit plan under ORS 25.321 to 25.343 - } are
terminated. However, subject to subsection (7) of this section,
the entry of a governing child support judgment does not affect
any support payment arrearage or any liability related to
{ - health benefit plan coverage - } { + medical support, as
defined in ORS 25.321, + } that has accrued under a child support
judgment before the governing child support judgment is entered.
(7) For purposes of reconciling any { - monetary - } { +
child + } support arrears or credits under all of the child
support judgments, amounts collected and credited for a
particular period under one child support judgment must be
credited against the amounts accruing or accrued for the same
period under any other child support judgment.
(8) Not sooner than 30 days and not later than 60 days after
entry of the governing child support judgment, the administrator
shall file a certified copy of the governing child support
judgment with each court that issued an earlier child support
judgment. A failure to file does not affect the validity or
enforceability of the governing child support judgment.
(9) When an administrative law judge finds that two or more
child support judgments exist involving the same obligor and
child and the same period, and each child support judgment was
issued in this state, the administrative law judge shall remand
the matter to the administrator to follow the provisions of
subsection (3) of this section.
Enrolled House Bill 2272 (HB 2272-A) Page 12
SECTION 10. ORS 25.333 is amended to read:
25.333. (1) When the enforcing agency issues a medical support
notice under ORS 25.325, the enforcing agency shall notify the
parties by regular mail to the last known addresses of the
parties:
(a) That the notice has been sent to the providing party's
employer; and
(b) Of the providing party's rights and duties under the
notice.
(2) A providing party may contest a medical support notice
within 14 days after the date the premium is first withheld
pursuant to the notice or, if the health benefit plan is provided
at no cost to the providing party, the date the first premium is
paid by the employer.
(3) The only basis for contesting a medical support notice is a
mistake of fact. A 'mistake of fact' means any of the following:
(a) No order to provide health care coverage under a health
benefit plan has been issued in regard to the providing party's
child;
(b) The amount to be withheld for premiums is greater than is
permissible under ORS 25.331; { - or - }
(c) The alleged providing party is not the party from whom
health care coverage is required { + ; or
(d) The providing party's income is equal to or less than
Oregon minimum wage for full-time employment + }.
(4) The providing party may contest the medical support notice
by requesting an administrative review. After receiving a request
for review and within 45 days after the date the premium is first
withheld pursuant to the medical support notice, the enforcing
agency shall determine, based on an evaluation of the facts,
whether the withholding for premiums may continue. The enforcing
agency shall inform the parties of the determination in writing
and include information regarding the right to appeal the
determination.
(5) Any appeal of the enforcing agency's determination under
subsection (4) of this section is to the circuit court for a
hearing under ORS 183.484.
(6) The initiation of proceedings to contest a medical support
notice or an appeal of the enforcing agency's determination under
this section does not stay the withholding of premiums.
SECTION 11. { + Section 12 of this 2009 Act is added to and
made a part of ORS 25.321 to 25.343. + }
SECTION 12. { + The Department of Justice may adopt all rules
necessary for implementation of ORS 25.321 to 25.343. + }
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Enrolled House Bill 2272 (HB 2272-A) Page 13
Passed by House February 23, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 21, 2009
...........................................................
President of Senate
Enrolled House Bill 2272 (HB 2272-A) Page 14
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2272 (HB 2272-A) Page 15