75th OREGON LEGISLATIVE ASSEMBLY--2009 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 936
House Bill 2275
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 as
introduced.
Clarifies that parent who is eligible for and receiving
payments under Title IV-A of Social Security Act is rebuttably
presumed to be unable to pay child support.
Provides alternative procedure for contesting validity and
enforcement of support order issued by another state.
Provides that district attorneys may request certain financial
records for purpose of collecting past due support.
Makes other changes to laws relating to support enforcement.
A BILL FOR AN ACT
Relating to child support; amending ORS 25.245, 25.405, 25.643,
25.646, 107.135 and 416.415.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 25.245 is amended to read:
25.245. (1) Notwithstanding any other provision of Oregon law,
a parent who is eligible for and receiving cash payments under
ORS 412.001 to 412.069 and 418.647, { + Title IV-A of the Social
Security Act, + } the general assistance program as provided in
ORS chapter 411 or a general assistance program of another state
or tribe, the Oregon Supplemental Income Program or the federal
Supplemental Security Income Program shall be rebuttably presumed
unable to pay child support and a child support obligation does
not accrue unless the presumption is rebutted.
(2) Each month, the Department of Human Services shall identify
those persons receiving cash payments under the programs listed
in subsection (1) of this section that are administered by the
State of Oregon and provide that information to the
administrator. If benefits are received from programs listed in
subsection (1) of this section that are administered by other
states, tribes or federal agencies, the obligor shall provide the
administrator with written documentation of the benefits. The
Department of Human Services shall adopt rules to implement this
subsection.
(3) The administrator shall refer to the information provided
in subsection (2) of this section prior to establishing any child
support obligation. Within 30 days following identification of
persons under subsection (2) of this section, the entity
responsible for support enforcement services under ORS 25.080
shall provide notice of the presumption to the obligee and
obligor and shall inform all parties to the support order that,
unless a party objects as provided in subsection (4) of this
section, child support shall cease accruing beginning with the
support payment due on or after the date the obligor first begins
receiving the cash payments and continuing through the support
payment due in the last month in which the obligor received the
cash payments. The entity responsible for support enforcement
services shall serve the notice on the obligee in the manner
provided for the service of summons in a civil action or by
certified mail, return receipt requested, and shall serve the
notice on the obligor by first class mail to the obligor's
last-known address. The notice shall specify the month in which
cash payments are first made and shall contain a statement that
the administrator represents the state and that low cost legal
counsel may be available.
(4) A party may object to the presumption by sending an
objection to the entity responsible for support enforcement
services under ORS 25.080 within 20 days after the date of
service of the notice. The objection must describe the resources
of the obligor or other evidence that might rebut the presumption
of inability to pay child support. The entity receiving the
objection shall cause the case to be set for a hearing before a
court or an administrative law judge. The court or administrative
law judge may consider only whether the presumption has been
rebutted.
(5) If no objection is made, or if the court or administrative
law judge finds that the presumption has not been rebutted, the
Department of Justice shall discontinue billing the obligor for
the period of time described in subsection (3) of this section
and no arrearage shall accrue for the period during which the
obligor is not billed. In addition, the entity providing support
enforcement services shall file with the circuit court in which
the support order or judgment has been entered a copy of the
notice described in subsection (3) of this section or, if an
objection is made and the presumption is not rebutted, a copy of
the administrative law judge's order.
(6)(a) Within 30 days after the date the obligor ceases
receiving cash payments under a program listed in subsection (1)
of this section, the Department of Justice shall provide notice
to all parties to the support order:
(A) Specifying the last month in which a cash payment was made;
(B) Stating that the payment of those benefits has terminated
and that by operation of law billing and accrual of support
resumes; and
(C) Informing the parties of their rights to request a review
and modification of the support order based on a substantial
change in circumstance or pursuant to ORS 25.287 or any other
provision of law.
(b) The notice shall include a statement that the administrator
represents the state and that low cost legal counsel may be
available.
(c) The entity providing enforcement services shall file a copy
of the notice required by paragraph (a) of this subsection with
the circuit court in which the support order or judgment has been
entered.
(7) Receipt by a child support obligor of cash payments under
any of the programs listed in subsection (1) of this section
shall be sufficient cause for a court or administrative law judge
to allow a credit and satisfaction against child support
arrearage for months that the obligor received the cash payments.
(8) The notice and finding of financial responsibility required
by ORS 416.415 shall include notice of the presumption,
nonaccrual and arrearage credit rights provided for in this
section.
(9) The presumption, nonaccrual and arrearage credit rights
created by this section shall apply whether or not child support
enforcement services are being provided under Title IV-D of the
Social Security Act.
(10) Application of the presumption, nonaccrual and arrearage
credit rights created by this section does not constitute a
modification but does not limit the right of any party to seek a
modification of a support order based upon a change of
circumstances or pursuant to ORS 25.287 or any other provision of
law. In determining whether a change in circumstances has
occurred or whether three years have elapsed, or such shorter
cycle as determined by rule of the Department of Justice, since
entry of a support order, the court or administrative law judge
may not consider any action taken under this section as entry of
a support order. The presumption stated in subsection (1) of this
section applies in any modification proceeding.
SECTION 2. ORS 25.405 is amended to read:
25.405. (1) An obligor contesting an order to withhold issued
under ORS 25.378 must do so within 14 days from the date income
is first withheld pursuant to the order to withhold. The obligor
may not contest an order to withhold issued under ORS 25.378 (5).
(2) The only basis for contesting the order to withhold is a
mistake of fact. 'Mistake of fact' means an error in the amount
of current support or arrearages, or an error in the identity of
the obligor. Payment of all arrearages shall not be the sole
basis for not implementing withholding.
(3) If the order to withhold was issued by a court of this
state, the obligor must contest the order to withhold in the
court that issued the order.
(4) If the order to withhold was issued by a court or
administrative agency of another state and was received directly
by an employer in this state under ORS 110.394, the obligor may
contest the order to withhold by:
(a) Seeking relief from enforcement of the order in the
appropriate tribunal of the state that issued the order;
{ + (b) Contesting the validity and enforcement of the order
under ORS 110.401; + } or
{ - (b) - } { + (c) + } Registering the underlying
withholding order in Oregon { + in the manner provided by ORS
110.405 + } and seeking relief from enforcement of the order
{ - in an Oregon circuit court - } { + as provided in ORS
110.417 and 110.420 + }.
(5) If the order to withhold was issued pursuant to a request
for enforcement under ORS 25.080, the obligor may contest the
order to withhold to the district attorney or the Division of
Child Support. The district attorney or the Division of Child
Support need not provide an opportunity for a contested case
administrative hearing under ORS chapter 183 or a hearing in
circuit court. Within 45 days after the date income is first
withheld pursuant to the order to withhold, the district attorney
or the Division of Child Support shall determine, based on an
evaluation of the facts, if the withholding shall continue and
notify the obligor of the determination and of the obligor's
right to appeal the determination.
(6) Any appeal of the decision of the district attorney or the
Division of Child Support made under subsection (5) of this
section is to the circuit court for a hearing under ORS 183.484.
(7) The initiation of proceedings to contest an order to
withhold under subsection (4) of this section, a motion or
request to contest an order to withhold or an appeal of the
decision of the district attorney or the Division of Child
Support made under subsection (5) of this section does not act to
stay withholding unless otherwise ordered by a court.
SECTION 3. ORS 25.643 is amended to read:
25.643. (1) The Department of Justice and financial
institutions doing business in this state shall enter into
agreements to develop and operate a data match system using
automated data exchanges to the maximum extent feasible.
(2) Pursuant to the agreements, financial institutions shall
provide, for each calendar quarter, the name, address, Social
Security number or other taxpayer identification number and other
identifying information for each obligor who:
(a) Maintains an account at the institution; and
(b) Owes past due support, as identified by the
{ - department - } { + administrator + } by name and Social
Security number or other taxpayer identification number.
(3) The { - department - } { + administrator + } shall pay
a reasonable fee to a financial institution for conducting the
data match provided for in this section. The fee may not exceed
the actual costs incurred by the financial institution.
(4) A financial institution, including an
institution-affiliated party as defined in section 3(u) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(u)), is not liable
under any state law to any person:
(a) For any disclosure of information to the
{ - department - } { + administrator + } under this section;
(b) For encumbering or surrendering any assets held by the
financial institution in response to a notice of lien or levy
issued by the { - department - } { + administrator + }; or
(c) For any other action taken in good faith to comply with the
requirements of this section.
SECTION 4. ORS 25.646 is amended to read:
25.646. (1) Upon request of the { - Department of Justice - }
{ + administrator + } and the receipt of the certification
required under subsection (2) of this section, a financial
institution shall provide financial records of a customer.
(2) In requesting information under subsection (1) of this
section, the { - department - } { + administrator + } shall
provide the name and Social Security number of the person whose
financial records are sought and shall state with reasonable
specificity the financial records requested. The
{ - department - } { + administrator + } shall
{ - certify - } { + provide + }to the financial institution
{ - in writing, signed by an agent of the department - } { + a
signed document in a form established by the Department of
Justice certifying that + }:
(a) { - That - } The person whose financial records are
sought is a party to a proceeding to establish, modify or enforce
the child support obligation of the person; and
(b) { - That - } The { - department - } { +
administrator + } has authorization from the person for release
of the financial records, has given the person written notice of
its request for financial records or will give the notice within
five days after the financial institution responds to the
request.
(3) The { - department - } { + administrator + } shall
reimburse a financial institution supplying financial records
under this section for actual costs incurred.
(4) A financial institution, including an
institution-affiliated party as defined in section 3(u) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(u)), that supplies
financial records to the { - department - } { +
administrator + } under this section is not liable to any person
for any loss, damage or injury arising out of or in any way
pertaining to the disclosure of the financial records.
(5) A financial institution that is requested to supply
financial records under this section may enter into an agreement
with the { - department - } { + administrator + } concerning
the method by which requests for financial records and responses
from the financial institution shall be made.
(6) The { - department - } { + administrator + } shall
provide a reasonable time to the financial institution for
responding to a request for financial records.
(7) The { - department - } { + administrator + } shall seek
financial records under this section only:
(a) With respect to a person who is a party to a proceeding to
establish, modify or enforce the child support obligation of the
person; or
(b) According to the provisions of ORS 25.083.
SECTION 5. ORS 107.135 is amended to read:
107.135. (1) The court may at any time after a judgment of
annulment or dissolution of marriage or of separation is granted,
upon the motion of either party and after service of notice on
the other party in the manner provided by ORCP 7, and after
notice to the Division of Child Support when required under
subsection (9) of this section:
(a) Set aside, alter or modify any portion of the judgment that
provides for the appointment and duties of trustees, for the
custody, parenting time, visitation, support and welfare of the
minor children and the children attending school, as defined in
ORS 107.108, including any health or life insurance provisions,
for the support of a party or for life insurance under ORS
107.820 or 107.830;
(b) Make an order, after service of notice to the other party,
providing for the future custody, support and welfare of minor
children residing in the state, who, at the time the judgment was
given, were not residents of the state, or were unknown to the
court or were erroneously omitted from the judgment;
(c) Terminate a duty of support toward any minor child who has
become self-supporting, emancipated or married;
(d) After service of notice on the child in the manner provided
by law for service of a summons, suspend future support for any
child who has ceased to be a child attending school as defined in
ORS 107.108; and
(e) Set aside, alter or modify any portion of the judgment that
provides for a property award based on the enhanced earning
capacity of a party that was awarded before October 23, 1999. A
property award may be set aside, altered or modified under this
paragraph:
(A) When the person with the enhanced earning capacity makes a
good faith career change that results in less income;
(B) When the income of the person with the enhanced earning
capacity decreases due to circumstances beyond the person's
control; or
(C) Under such other circumstances as the court deems just and
proper.
(2) When a party moves to set aside, alter or modify the child
support provisions of the judgment:
(a) The 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 children of
the marriage, including one brought under ORS 25.287, 107.431,
109.100, 125.025, 416.400 to 416.465, 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 children of the marriage, other than the judgment the
party is moving to set aside, alter or modify.
(b) The party shall include with the motion a certificate
regarding any pending support proceeding and any existing support
order other than the judgment the party is moving to set aside,
alter or modify. The party shall use a certificate that is in a
form established by court rule and include information required
by court rule and paragraph (a) of this subsection.
(3) In a proceeding under this section to reconsider the
spousal or child support provisions of the judgment, the
following provisions apply:
(a) A substantial change in economic circumstances of a party,
which may include, but is not limited to, a substantial change in
the cost of reasonable and necessary expenses to either party, is
sufficient for the court to reconsider its order of support,
except that an order of compensatory spousal support may only be
modified upon a showing of an involuntary, extraordinary and
unanticipated change in circumstances that reduces the earning
capacity of the paying spouse.
(b) If the judgment provided for a termination or reduction of
spousal support at a designated age in anticipation of the
commencement of pension, Social Security or other entitlement
payments, and if the obligee is unable to obtain the anticipated
entitlement payments, that inability is sufficient change in
circumstances for the court to reconsider its order of support.
(c) If Social Security is considered in lieu of spousal support
or partial spousal support, the court shall determine the amount
of Social Security the party is eligible to collect. The court
shall take into consideration any pension, retirement or other
funds available to either party to effect an equitable
distribution between the parties and shall also take into
consideration any reduction of entitlement caused by taking early
retirement.
(4) In considering under this section whether a change in
circumstances exists sufficient for the court to reconsider
spousal or child support provisions of a judgment, the following
provisions apply:
(a) The court or administrator, as defined in ORS 25.010, shall
consider income opportunities and benefits of the respective
parties from all sources, including but not limited to:
(A) The reasonable opportunity of each party, the obligor and
obligee respectively, to acquire future income and assets.
(B) Retirement benefits available to the obligor and to the
obligee.
(C) Other benefits to which the obligor is entitled, such as
travel benefits, recreational benefits and medical benefits,
contrasted with benefits to which the obligee is similarly
entitled.
(D) Social Security benefits paid to a 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 if the benefits:
(i) Were not previously considered in the child support order;
or
(ii) Were considered in an action initiated before May 12,
2003.
(E) Apportioned Veterans' benefits or Survivors' and
Dependents' Educational Assistance under 38 U.S.C. chapter 35
paid to a 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 if the benefits:
(i) Were not previously considered in the child support order;
or
(ii) Were considered in an action initiated before May 12,
2003.
(b) If the motion for modification is one made by the obligor
to reduce or terminate support, and if the obligee opposes the
motion, the court shall not find a change in circumstances
sufficient for reconsideration of support provisions, if the
motion is based upon a reduction of the obligor's financial
status resulting from the obligor's taking voluntary retirement,
partial voluntary retirement or any other voluntary reduction of
income or self-imposed curtailment of earning capacity, if it is
shown that such action of the obligor was not taken in good faith
but was for the primary purpose of avoiding the support
obligation. In any subsequent motion for modification, the court
shall deny the motion if the sole basis of the motion for
modification is the termination of voluntarily taken retirement
benefits and the obligor previously has been found not to have
acted in good faith.
(c) The court shall consider the following factors in deciding
whether the actions of the obligor were not in 'good faith':
(A) Timing of the voluntary retirement or other reduction in
financial status to coincide with court action in which the
obligee seeks or is granted an increase in spousal support.
(B) Whether all or most of the income producing assets and
property were awarded to the obligor, and spousal support in lieu
of such property was awarded to the obligee.
(C) Extent of the obligor's dissipation of funds and assets
prior to the voluntary retirement or soon after filing for the
change of circumstances based on retirement.
(D) If earned income is reduced and absent dissipation of funds
or large gifts, whether the obligor has funds and assets from
which the spousal support could have been paid.
(E) Whether the obligor has given gifts of substantial value to
others, including a current spouse, to the detriment of the
obligor's ability to meet the preexisting obligation of spousal
support.
(5) Upon terminating a duty of spousal support, a court shall
make specific findings of the basis for the termination and shall
include the findings in the judgment { - order - } .
(6) Any modification of child or spousal support granted
because of a change of circumstances may be ordered effective
retroactive to the date the motion for modification was served or
to any date thereafter.
(7) The judgment is final as to any installment or payment of
money that has accrued up to the time the nonmoving party, other
than the state, is served with a motion to set aside, alter or
modify the judgment. The court may not set aside, alter or modify
any portion of the judgment that provides for any payment of
money, either for minor children or for the support of a party,
that has accrued before the motion is served. However:
(a) The court 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 court may allow, as provided in the rules of the Child
Support Program, a dollar-for-dollar credit against child support
arrearages for any { - lump sum - } 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 an obligor's disability or
retirement.
(8) In a proceeding under subsection (1) of this section, the
court may assess against either party a reasonable attorney fee
and costs for the benefit of the other party. If a party is found
to have acted in bad faith, the court shall order that party to
pay a reasonable attorney fee and costs of the defending party.
(9) Whenever a motion to establish, modify or terminate child
support or satisfy or alter support arrearages is filed and the
child support rights of one of the parties or of a child of both
of the parties have been assigned to the state, a true copy of
the motion shall be served by mail or personal delivery on the
Administrator of the Division of Child Support of the Department
of Justice or on the branch office providing support services to
the county in which the motion is filed.
(10)(a) Except as provided in ORS 109.701 to 109.834, the
courts of Oregon, having once acquired personal and subject
matter jurisdiction in a domestic relations action, retain such
jurisdiction regardless of any change of domicile.
(b) The courts of Oregon, in a proceeding to establish, enforce
or modify a child support order, shall recognize the provisions
of the federal Full Faith and Credit for Child Support Orders Act
(28 U.S.C. 1738B).
(11) In a proceeding under this section to reconsider
provisions in a judgment relating to custody or parenting time,
the court may consider repeated and unreasonable denial of, or
interference with, parenting time to be a substantial change of
circumstances.
(12) In a proceeding under this section to reconsider
provisions in a judgment relating to parenting time, the court
may suspend or terminate a parent's parenting time with a child
if the court finds that the parent has abused a controlled
substance and that the parenting time is not in the best
interests of the child. If a court has suspended or terminated a
parent's parenting time with a child for reasons described in
this subsection, the court may not grant the parent future
parenting time until the parent has shown that the reasons for
the suspension or termination are resolved and that reinstated
parenting time is in the best interests of the child. Nothing in
this subsection limits the court's authority under subsection
(1)(a) of this section.
(13) In a proceeding under this section to reconsider
provisions in a judgment relating to custody, temporary placement
of the child by the custodial parent pursuant to ORS 109.056 (3)
with the noncustodial parent as a result of military deployment
of the custodial parent is not, by itself, a change of
circumstances. Any fact relating to the child and the parties
occurring subsequent to the last custody judgment, other than the
custodial parent's temporary placement of the child pursuant to
ORS 109.056 (3) with the noncustodial parent, may be considered
by the court when making a change of circumstances determination.
(14) Within 30 days after service of notice under subsection
(1) of this section, the party served shall file a written
response with the court.
(15)(a) It is the policy of this state:
(A) To encourage the settlement of cases brought under this
section; and
(B) For courts to enforce the terms of settlements described in
paragraph (b) of this subsection to the fullest extent possible,
except when to do so would violate the law or would clearly
contravene public policy.
(b) In a proceeding under subsection (1) of this section, the
court may enforce the terms set forth in a stipulated order or
judgment signed by the parties, an order or judgment resulting
from a settlement on the record or an order or judgment
incorporating a settlement agreement:
(A) As contract terms using contract remedies;
(B) By imposing any remedy available to enforce an order or
judgment, including but not limited to contempt; or
(C) By any combination of the provisions of subparagraphs (A)
and (B) of this paragraph.
(c) A party may seek to enforce an agreement and obtain
remedies described in paragraph (b) of this subsection by filing
a motion, serving notice on the other party in the manner
provided by ORCP 7 and, if a remedy under paragraph (b)(B) of
this subsection is sought, complying with the statutory
requirements for that remedy. All claims for relief arising out
of the same acts or omissions must be joined in the same
proceeding.
(d) Nothing in paragraph (b) or (c) of this subsection limits a
party's ability, in a separate proceeding, to file a motion to
modify an order or judgment under subsection (1) of this section
or to seek enforcement of an ancillary agreement to the order or
judgment.
SECTION 6. ORS 416.415 is amended to read:
416.415. (1)(a) At any time after the state is assigned support
rights, a public assistance payment is made, an application for
enforcement services under ORS 25.080 is made by an individual
who is not a recipient of public assistance or a written request
for enforcement of a support obligation is received from the
state agency of another state responsible for administering the
federal child support enforcement program, the administrator may,
if there is no court order { + or administrative support
order + }, issue a notice and finding of financial
responsibility. The notice shall be served upon the parent in the
manner prescribed for service of summons in a civil action, or by
certified mail, return receipt requested. Notices that involve
the establishment of paternity must be served by personal
service. All notices may be personally served by the
administrator on the premises of the offices of the
administrator.
(b) The administrator shall serve the notice and finding issued
under this section upon the obligee. Service shall be by regular
mail.
(2) The administrator shall include in the notice:
(a) A statement of the name of the caretaker relative or agency
and the name of the dependent child for whom support is to be
paid;
(b) A statement of the monthly support for which the parent
shall be responsible;
(c) A statement of the past support for which the parent shall
be responsible;
(d) A statement that the parent may be required to provide
health care coverage for the dependent child whenever the
coverage is available to the parent at a reasonable cost;
(e) To the extent known, a statement of:
(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, 416.425, 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;
(f) A statement that if the parent or the obligee desires to
discuss the amount of support or health care coverage that the
parent is required to pay or provide, the parent or the obligee
may contact the office that sent the notice and request a
negotiation conference. If no agreement is reached on the monthly
support to be paid, the administrator may issue a new notice and
finding of financial responsibility, which may be sent to the
parent and to the obligee by regular mail addressed to the
parent's and to the obligee's last-known address, or if
applicable, the parent's or the obligee's attorney's last-known
address;
(g) A statement that if the parent or the obligee objects to
all or any part of the notice and finding of financial
responsibility, then the parent or the obligee must send to the
office issuing the notice, within 20 days of the date of service,
a written response that sets forth any objections and requests a
hearing. In those cases where the administrator is seeking to
establish paternity, then the alleged parent and the obligee will
have 30 days to respond instead of 20 days;
(h) A statement that if such a timely response is received by
the appropriate office, either the parent or the obligee or both
shall have the right to a hearing; and that if no timely written
response is received, the administrator may enter an order in
accordance with the notice and finding of financial
responsibility;
(i) A statement that as soon as the order is entered, the
property of the parent is subject to collection action, including
but not limited to wage withholding, garnishment and liens and
execution thereon;
(j) A reference to ORS 416.400 to 416.465;
(k) A statement that both the parent and the obligee are
responsible for notifying the office of any change of address or
employment;
(L) A statement that if the parent has any questions, the
parent should telephone or visit the appropriate office or
consult an attorney; and
(m) Such other information as the administrator finds
appropriate.
(3) If the paternity of the dependent child has not been
legally established, the notice and finding of financial
responsibility shall also include:
(a) An allegation that the person is the parent of the
dependent child;
(b) The name of the child's other parent;
(c) The child's date of birth;
(d) The probable time or period of time during which conception
took place; and
(e) A statement that if the alleged parent or the obligee does
not timely send to the office issuing the notice a written
response that denies paternity and requests a hearing, then the
administrator, without further notice to the alleged parent, or
to the obligee, may enter an order that declares and establishes
the alleged parent as the legal parent of the child.
(4) The statement of monthly future support required under
subsection (2)(b) and the statement of past support required
under subsection (2)(c) of this section are to be computed as
follows:
(a) If there is sufficient information available concerning the
parent's financial and living situation, the formula provided for
in ORS 25.275 and 25.280 shall be used; or
(b) If there is insufficient information available to use the
formula, an allegation of ability to pay shall be the basis of
the statement.
(5) The parent or alleged parent and the obligee shall have
time to request a hearing as outlined in subsection (2)(g) of
this section. The time limits may be extended by the
administrator and are nonjurisdictional.
(6) If a timely written response setting forth objections and
requesting a hearing is received by the appropriate office, a
hearing shall be held under ORS 416.427.
(7) If no timely written response and request for hearing is
received by the appropriate office, the administrator may enter
an order in accordance with the notice, and shall include in that
order:
(a) If the paternity of the dependent child is established by
the order, a declaration of that fact;
(b) The amount of monthly support to be paid, with directions
on the manner of payment;
(c) The amount of past support to be ordered against the
parent;
(d) Whether health care coverage is to be provided for the
dependent child;
(e) The name of the caretaker relative or agency and the name
and birthdate of the dependent child for whom support is to be
paid; and
(f) A statement that the property of the parent is subject to
collection action, including but not limited to wage withholding,
garnishment and liens and execution thereon.
(8) The parent and the obligee shall be sent a copy of the
order by regular mail addressed to the last-known address of each
of the parties or if applicable, to the last-known address of an
attorney of record for a party. The order is final, and action by
the administrator to enforce and collect upon the order,
including arrearages, may be taken from the date of issuance of
the order.
(9) The provisions of ORS 107.108 apply to an order entered
under this section for the support of a child attending school.
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