75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to A-Eng. HB 2275
LC 936/HB 2275-A2
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2275
By COMMITTEE ON JUDICIARY
April 16
On page 1 of the printed A-engrossed bill, line 2, after '
support;' delete the rest of the line and insert 'creating new
provisions; amending ORS 25.245, 25.405, 25.643, 25.646, 107.135,
412.024, 416.415 and 416.425; and declaring an emergency.'.
On page 11, after line 10, insert:
' { + SECTION 8. + } ORS 416.425 is amended to read:
' 416.425. (1) Any time support enforcement services are being
provided under ORS 25.080, the obligor, the obligee, the party
holding the support rights or the administrator may move for the
existing order to be modified under this section. The motion
shall be in writing in a form prescribed by the administrator,
shall set out the reasons for modification and shall state the
telephone number and address of the party requesting
modification.
' (2) The moving party shall state in the motion, to the extent
known:
' (a) Whether there is pending in this state or any other
jurisdiction any type of support proceeding involving the
dependent child, including a proceeding brought under ORS 25.287,
107.085, 107.135, 107.431, 108.110, 109.100, 109.103, 109.165,
125.025, 416.415, 419B.400 or 419C.590 or ORS chapter 110; and
' (b) Whether there exists in this state or any other
jurisdiction a support order, as defined in ORS 110.303,
involving the dependent child, other than the order the party is
moving to modify.
' (3) The moving party shall include with the motion a
certificate regarding any pending support proceeding and any
existing support order other than the order the party is moving
to modify. The party shall use a certificate that is in a form
prescribed by the administrator and include information required
by the administrator and subsection (2) of this section.
' (4) The moving party shall serve the motion upon the obligor,
the obligee, the party holding the support rights and the
administrator, as appropriate. The nonrequesting parties must be
served in the same manner as provided for service of the notice
and finding of financial responsibility under ORS 416.415 (1)(a).
Notwithstanding ORS 25.085, the requesting party must be served
by first class mail to the requesting party's last known address.
The nonrequesting parties have 30 days to resolve the matter by
stipulated agreement or to serve the moving party by regular mail
with a written response setting forth any objections to the
motion and a request for hearing. The hearing shall be conducted
under ORS 416.427.
' (5) When the moving party is other than the administrator and
no objections and request for hearing have been served within 30
days, the moving party may submit a true copy of the motion to
the administrative law judge as provided in ORS 416.427, except
the default may not be construed to be a contested case as
defined in ORS chapter 183. Upon proof of service, the
administrative law judge shall issue an order granting the relief
sought.
' (6) When the moving party is the administrator and no
objections and request for hearing have been served within 30
days, the administrator may enter an order granting the relief
sought.
' (7) A motion for modification made under this section does
not stay the administrator from enforcing and collecting upon the
existing order unless so ordered by the court in which the order
is entered.
' (8) An administrative order filed in accordance with ORS
416.440 is a final judgment as to any installment or payment of
money that has accrued up to the time the nonrequesting party is
served with a motion to set aside, alter or modify the judgment.
The administrator may not set aside, alter or modify any portion
of the judgment that provides for any payment of money for minor
children that has accrued before the motion is served. However:
' (a) The administrator may allow a credit against child
support arrearages for periods of time, excluding reasonable
parenting time unless otherwise provided by order or judgment,
during which the obligor, with the knowledge and consent of the
obligee or pursuant to court order, has physical custody of the
child; and
' (b) The administrator may allow a credit against child
support arrearages for any Social Security or veterans' benefits
paid retroactively to the child, or to a representative payee
administering the funds for the child's use and benefit, as a
result of a parent's disability or retirement.
' (9) The party requesting modification has the burden of
showing a substantial change of circumstances or that a
modification is appropriate under the provisions of ORS 25.287.
' (10) An administrative order modifying a court order is not
effective until the administrative order is reviewed and approved
by the court that entered the court order. The court shall make a
written finding on the record that the administrative order
complies with the formula established by ORS chapter 25. The
court may approve the administrative order at any time after the
order is issued. If upon review the court finds that the
administrative order should not be approved, the court shall set
the matter for hearing de novo.
' (11) The obligee is a party to all proceedings under this
section.
' (12) An order entered under this section that modifies a
support order because of the incarceration of the obligor is
effective only during the period of the obligor's incarceration
and for 60 days after the obligor's release from incarceration.
The previous support order is reinstated by operation of law on
the 61st day after the obligor's release from incarceration. An
order that modifies a support order because of the obligor's
incarceration must contain a notice that the previous order will
be reinstated on the 61st day after the obligor's release from
incarceration.
' { + (13)(a) Notwithstanding subsections (1) to (12) of this
section, any time support enforcement services are being provided
under ORS 25.080, upon request of a party to a support order or
judgment or on the administrator's own motion, the administrator
may move to suspend the order or judgment and issue a temporary
modification order under this subsection when:
' (A) There is a period of significant unemployment as that
term is described in paragraph (b) of this subsection; and
' (B) A party to the support order or judgment experiences an
employment-related change of income as defined by rule in ORS
416.455.
' (b) Proceedings under this subsection may be initiated only
when there is a period of significant unemployment in Oregon. The
Attorney General shall determine when a 'period of significant
unemployment' exists in Oregon and designate the beginning and
ending dates thereof. In making the determination of when a
period of significant unemployment exists in Oregon, the Attorney
General may consider whether there is in effect an 'extended
benefit period' as that term is defined in ORS 657.321.
' (c) Except as otherwise provided in this subsection, the
provisions of subsections (1) to (12) of this section apply to a
motion for an order of suspension and temporary modification
under this subsection.
' (d) A party's employment-related change of income during a
period of significant unemployment is considered a substantial
change of circumstances for purposes of proceedings brought under
this section.
' (e) The motion for an order of suspension and temporary
modification must be in writing and must include, but need not be
limited to:
' (A) The amount of the existing support order or judgment;
' (B) The amount of the obligor's and obligee's income
immediately preceding the party's employment-related change of
income, if known;
' (C) The reason for the party's employment-related change of
income;
' (D) How the party's employment-related change of income
affects the party's employment status, income and, if applicable,
ability to pay support;
' (E) The obligor's and the obligee's current sources of
income, if known;
' (F) The proposed amount of the temporary modification order;
' (G) A statement that if a party objects to the motion for an
order of suspension and temporary modification, then the party
may request a hearing within 14 days of service of the motion as
provided in paragraph (g) of this subsection;
' (H) A statement that the preexisting support order or
judgment will be reinstated as provided in paragraph (h) of this
subsection; and
' (I) A statement that a party may request a renewal of the
order of suspension and temporary modification prior to its
expiration as provided in paragraph (j) of this subsection.
' (f) The administrator shall serve the motion filed under this
subsection upon the parties by regular first class mail,
facsimile or electronic mail unless a party signs a form agreeing
to accept service of the motion.
' (g) A party may request a hearing within 14 days of service
of the motion. If a hearing is requested, the provisions of ORS
416.427 apply. When there has been no request for hearing, the
administrator may enter an order of suspension and temporary
modification under this subsection. The order must be consistent
with the provisions of the motion filed under this subsection and
be in substantial compliance with the formula established under
ORS 25.275.
' (h) An order of suspension and temporary modification issued
under this subsection is temporary and remains in effect for six
months from the date the order is filed under ORS 416.440 or
until the date specified in the notice provided under paragraph
(i) of this subsection informing of the party's reemployment,
whichever is earlier, at which time the preexisting support order
or judgment becomes immediately effective and payable on the
first day of the following month unless an order of renewal is
issued under paragraph (j) of this subsection.
' (i) The administrator may issue a notice of reinstatement at
any time during which an order of suspension and temporary
modification is in effect under this subsection when a party
obtains employment and receives income that is sufficient to
reinstate support in an amount substantially similar to the
amount in the preexisting support order or judgment. The notice
shall be served as provided in paragraph (f) of this subsection
and must state that, unless a request for hearing is received
within 14 days of service of the notice, the administrator will
enter an order terminating the order of suspension and temporary
modification and reinstating the amount of the preexisting
support order or judgment effective on a date to be specified in
the notice. If a hearing is requested, the provisions of ORS
416.427 apply. When there is no request for hearing, the
administrator may enter an order terminating the order of
suspension and temporary modification and reinstating the
preexisting support order or judgment effective upon the date
specified in the notice.
' (j) Prior to expiration of an order of suspension and
temporary modification under this subsection and upon request of
a party, the administrator may renew the order of suspension and
temporary modification for additional six-month periods or until
the party obtains employment as described in paragraph (i) of
this subsection, whichever occurs first, if the circumstances
under which the order was originally issued continue to exist
unchanged. + }
' { + SECTION 9. + } { + The amendments to ORS 25.245,
25.405, 25.643, 25.646, 107.135, 412.024 and 416.415 by sections
1 to 7 of this 2009 Act become operative on January 1, 2010. + }
' { + SECTION 10. + } { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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