75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2276
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 child support enforcement services; creating new
provisions; and amending ORS 25.020, 25.080, 25.160, 25.164 and
25.167.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 25. + }
SECTION 2. { + (1) The administrator may provide support
enforcement services as described in ORS 25.080 only if support
rights have been assigned to the state or if a person has
provided a written application to the administrator that:
(a) Is signed by the person;
(b) Includes the last-known addresses of the obligor and the
obligee; and
(c) Indicates that the person is applying for child support
services.
(2) Any support judgment that provides for payment to the
Department of Justice under ORS 25.020 must have an application
incorporated in the judgment. + }
SECTION 3. ORS 25.020 is amended to read:
25.020. (1) Support payments for or on behalf of any person
that are ordered, registered or filed under this chapter or ORS
chapter 107, 108, 109, 110, 416, 419B or 419C, unless otherwise
authorized by ORS 25.030, shall be made to the Department of
Justice as the state disbursement unit:
(a) During periods for which support is assigned under ORS
412.024, 418.032, 419B.406 or 419C.597;
(b) As provided by rules adopted under ORS 180.345, when public
assistance is provided to a person who receives or has a right to
receive support payments on the person's own behalf or on behalf
of another person;
(c) After the assignment of support terminates for as long as
amounts assigned remain owing;
(d) For any period during which support enforcement services
are provided under ORS 25.080;
(e) When ordered by the court under ORS 419B.400;
(f) When a support order that is entered or modified on or
after January 1, 1994, includes a provision requiring the obligor
to pay support by income withholding; or
(g) When ordered by the court under any other applicable
provision of law.
Enrolled House Bill 2276 (HB 2276-INTRO) Page 1
(2)(a) The Department of Justice shall disburse payments, after
lawful deduction of fees and in accordance with applicable
statutes and rules, to those persons and entities that are
lawfully entitled to receive such payments.
(b) During a period for which support is assigned under ORS
412.024, for an obligee described in subsection (1)(b) of this
section, the department shall { - distribute - }
{ + disburse + } to the obligee, from child support collected
each month, $50 for each child up to a maximum of $200 per
family.
(3)(a) When the administrator is providing support enforcement
services under ORS 25.080, the obligee may enter into an
agreement with a collection agency, as defined in ORS 697.005,
for assistance in collecting child support payments.
(b) The Department of Justice:
(A) Shall disburse support payments, to which the obligee is
legally entitled, to the collection agency if the obligee submits
the completed form referred to in paragraph (c)(A) of this
subsection to the department;
(B) May reinstate disbursements to the obligee if:
(i) The obligee requests that disbursements be made directly to
the obligee;
(ii) The collection agency violates any provision of this
subsection; or
(iii) The Department of Consumer and Business Services notifies
the Department of Justice that the collection agency is in
violation of the rules adopted under ORS 697.086;
(C) Shall credit the obligor's account for the full amount of
each support payment received by the department and disbursed to
the collection agency; and
(D) Shall develop the form referred to in paragraph (c)(A) of
this subsection, which shall include a notice to the obligee
printed in type size equal to at least 12-point type that the
obligee may be eligible for support enforcement services from the
department or the district attorney without paying the interest
or fee that is typically charged by a collection agency.
(c) The obligee shall:
(A) Provide to the department, on a form approved by the
department, information about the agreement with the collection
agency; and
(B) Promptly notify the department when the agreement is
terminated.
(d) The collection agency:
(A) May provide investigative and location services to the
obligee and disclose relevant information from those services to
the administrator for purposes of providing support enforcement
services under ORS 25.080;
(B) May not charge interest or a fee for its services exceeding
29 percent of each support payment received unless the collection
agency, if allowed by the terms of the agreement between the
collection agency and the obligee, hires an attorney to perform
legal services on behalf of the obligee;
(C) May not initiate, without written authorization from the
administrator, any enforcement action relating to support
payments on which support enforcement services are provided by
the administrator under ORS 25.080; and
(D) Shall include in the agreement with the obligee a notice
printed in type size equal to at least 12-point type that
provides information on the fees, penalties, termination and
duration of the agreement.
Enrolled House Bill 2276 (HB 2276-INTRO) Page 2
(e) The administrator may use information disclosed by the
collection agency to provide support enforcement services under
ORS 25.080.
(4) The Department of Justice may immediately transmit to the
obligee payments received from any obligor without waiting for
payment or clearance of the check or instrument received if the
obligor has not previously tendered any payment by a check or
instrument that was not paid or was dishonored.
(5) The Department of Justice shall notify each obligor and
obligee by mail when support payments shall be made to the
department and when the obligation to make payments in this
manner shall cease.
(6)(a) The administrator shall provide information about a
child support account directly to a party to the support order
regardless of whether the party is represented by an attorney. As
used in this subsection, 'information about a child support
account' means the:
(A) Date of issuance of the support order.
(B) Amount of the support order.
(C) Dates and amounts of payments.
(D) Dates and amounts of disbursements.
(E) Payee of any disbursements.
(F) Amount of any arrearage.
(G) Source of any collection { + , to the extent allowed by
federal law + }.
(b) Nothing in this subsection limits the information the
administrator may provide by law to a party who is not
represented by an attorney.
(7) Any pleading for the entry or modification of a support
order must contain a statement that payment of support under a
new or modified order will be by income withholding unless an
exception to payment by income withholding is granted under ORS
25.396.
(8)(a) Except as provided in paragraphs (d) and (e) of this
subsection, a judgment or order establishing paternity or
including a provision concerning support must contain:
(A) The residence, mailing or contact address, Social Security
number, telephone number and driver license number of each party;
(B) The name, address and telephone number of all employers of
each party;
(C) The names and dates of birth of the joint children of the
parties; and
(D) Any other information required by rule adopted by the Chief
Justice of the Supreme Court under ORS 1.002.
(b) The judgment or order shall also include notice that the
obligor and obligee:
(A) Must inform the court and the administrator in writing of
any change in the information required by this subsection within
10 days after the change; and
(B) May request that the administrator review the amount of
support ordered after three years, or such shorter cycle as
determined by rule of the Department of Justice, or at any time
upon a substantial change of circumstances.
(c) The administrator may require of the parties any additional
information that is necessary for the provision of support
enforcement services under ORS 25.080.
(d)(A) Upon a finding, which may be made ex parte, that the
health, safety or liberty of a party or child would unreasonably
be put at risk by the disclosure of information specified in this
subsection or by the disclosure of other information concerning a
Enrolled House Bill 2276 (HB 2276-INTRO) Page 3
child or party to a paternity or support proceeding or if an
existing order so requires, a court or administrator or
administrative law judge, when the proceeding is administrative,
shall order that the information not be contained in any document
provided to another party or otherwise disclosed to a party other
than the state.
(B) The Department of Justice shall adopt rules providing for
similar confidentiality for information described in subparagraph
(A) of this paragraph that is maintained by an entity providing
support enforcement services under ORS 25.080.
(e) The Chief Justice of the Supreme Court may, in consultation
with the Department of Justice, adopt rules under ORS 1.002 to
designate information specified in this subsection as
confidential and require that the information be submitted
through an alternate procedure to ensure that the information is
exempt from public disclosure under ORS 192.502.
(9)(a) Except as otherwise provided in paragraph (b) of this
subsection, in any subsequent child support enforcement action,
the court or administrator, upon a showing of diligent effort
made to locate the obligor or obligee, may deem due process
requirements to be met by mailing notice to the last-known
residential, mailing or employer address or contact address as
provided in ORS 25.085.
(b) Service of an order directing an obligor to appear in a
contempt proceeding is subject to ORS 33.015 to 33.155.
(10) Subject to ORS 25.030, this section, to the extent it
imposes any duty or function upon the Department of Justice,
shall be deemed to supersede any provisions of ORS chapters 107,
108, 109, 110, 416, 419A, 419B and 419C that would otherwise
impose the same duties or functions upon the county clerk or the
Department of Human Services.
(11) Except as provided for in subsections (12), (13) and (14)
of this section, credit may not be given for payments not made to
the Department of Justice as required under subsection (1) of
this section.
(12) The Department of Justice shall give credit for payments
not made to the department:
(a) When payments are not assigned to this or another state and
the obligee and obligor agree in writing that specific payments
were made and should be credited;
(b) When payments are assigned to the State of Oregon, the
obligor and obligee make sworn written statements that specific
payments were made, canceled checks or other substantial evidence
is presented to corroborate their statements and the obligee has
been given prior written notice of any potential criminal or
civil liability that may attach to an admission of the receipt of
assigned support;
(c) When payments are assigned to another state and that state
verifies that payments not paid to the department were received
by the other state; or
(d) As provided by rule adopted under ORS 180.345.
(13) An obligor may apply to the Department of Justice for
credit for payments made other than to the Department of Justice.
If the obligee or other state does not provide the agreement,
sworn statement or verification required by subsection (12) of
this section, credit may be given pursuant to order of an
administrative law judge assigned from the Office of
Administrative Hearings after notice and opportunity to object
and be heard are given to both obligor and obligee. Notice shall
be served upon the obligee as provided by ORS 25.085. Notice to
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the obligor may be by regular mail at the address provided in the
application for credit. A hearing conducted under this subsection
is a contested case hearing and ORS 183.413 to 183.470 apply. Any
party may seek a hearing de novo in the circuit court.
(14) Nothing in this section precludes the Department of
Justice from giving credit for payments not made to the
department when there has been a judicially determined credit or
satisfaction or when there has been a satisfaction of support
executed by the person to whom support is owed.
(15) The Department of Justice shall adopt rules that:
(a) Direct how support payments that are made through the
department are to be applied and { - distributed - } { +
disbursed + }; and
(b) Are consistent with federal regulations.
SECTION 4. ORS 25.080 is amended to read:
25.080. { - (1) This subsection describes the entity
primarily responsible for providing support enforcement services
described in subsection (4) of this section for any order or
judgment that is or could be entered under ORS chapter 107, 108,
109, 110 or 416 or ORS 419B.400 or 419C.590. The entity shall
provide the support enforcement services described in subsection
(4) of this section on behalf of the State of Oregon and no other
party or either parent. The following entity is primarily
responsible: - }
{ + (1) The following entity is primarily responsible for
providing the support enforcement services described in
subsection (4) of this section when an application as described
in section 2 of this 2009 Act is made, or when an assignment of
support rights is made to the state: + }
(a) The Division of Child Support of the Department of Justice:
(A) If support rights are, or were within the past five months,
assigned to this or another state; or
(B) In any case where arrearage under a support order is
assigned or owed to or the right to recover back support or state
debt is held by this state or another state.
(b) Except as provided in subsection (6) of this section, the
district attorney in cases other than those described in
paragraph (a) of this subsection if { + an application as
described in section 2 of this 2009 Act is made by + } the
obligee, { + by the + } obligor,
{ - beneficiary or - } { + by a + } person having physical
custody of a minor child { + or by a child attending school, as
defined in ORS 107.108 + }
{ - regarding any support order that has been imposed or could
be imposed requests support enforcement services - } .
(2) { + The provisions of this section apply to support
enforcement services for any order or judgment that is or could
be entered under ORS 419B.400 or 419C.590 or ORS chapter 107,
108, 109, 110 or 416. The entity specified in subsection (1) of
this section shall provide the support enforcement services on
behalf of the State of Oregon and not on behalf of any other
party or on behalf of a parent. + } The Department of Justice
shall adopt rules addressing the provision of support enforcement
services when the purposes of the state in providing those
services may be contradictory in individual cases.
(3) Notwithstanding the division of responsibility for
providing support enforcement services between the Division of
Child Support and the district attorney as described in
subsection (1) of this section, provision of support enforcement
services may not be challenged on the basis that the entity
Enrolled House Bill 2276 (HB 2276-INTRO) Page 5
providing the services in a particular case is not the entity
responsible for the case under subsection (1) of this section.
(4) When responsible for providing support enforcement services
and there is sufficient evidence available to support the action
to be taken, the entity described in subsection (1) of this
section:
(a) Shall establish and enforce any child support obligation;
(b) Shall establish paternity;
(c) Shall enforce spousal support when the obligee is living
with the obligor's child for whom support enforcement services
are being provided and those services are funded in part by
federal moneys;
(d) May enforce any other order or judgment for spousal
support;
(e) Shall, on behalf of the state, initiate and respond to
child support modification proceedings based upon a substantial
change of circumstances;
(f) Shall, on behalf of the state, initiate and respond to
child support modification proceedings based upon a modification
conducted under ORS 25.287 concerning existing child support
orders;
(g) Shall establish and enforce obligations to provide medical
insurance coverage for dependent children;
(h) Shall ensure compliance with the provisions of 42 U.S.C.
651 to 669 and 45 C.F.R. Chapter III as authorized by state law;
(i) Shall carry out the policy of the State of Oregon regarding
child support obligations as expressed in ORS 416.405; and
(j) Shall ensure that child support orders are in compliance
with the formula established by this chapter.
(5) In any proceeding under subsection (4) of this section, the
parties are those described in ORS 416.407.
(6) The district attorney of any county and the department may
provide by agreement for assumption by the Division of Child
Support of the functions of the district attorney under
subsection (1) of this section or for redistribution between the
district attorney and the Division of Child Support of all or any
portion of the duties, responsibilities and functions set forth
in subsections (1) and (4) of this section.
(7) All county governing bodies and all district attorneys
shall enter into child support cooperative agreements with the
department. The following apply to this subsection:
(a) The agreements shall contain appropriate terms and
conditions sufficient for the state to comply with all child
support enforcement service requirements under federal law; and
(b) If this state loses any federal funds due to the failure of
a county governing body or district attorney to either enter into
an agreement under this subsection or to provide sufficient
support enforcement service, the county shall be liable to the
department for, and the liability shall be limited to, the amount
of money the state determines it lost because of the failure. The
state shall offset the loss from any moneys the state is holding
for or owes the county or from any moneys the state would pay to
the county for any purpose.
(8) The Department of Justice shall enter into an agreement
with the Oregon District Attorneys Association to establish a
position or positions to act as a liaison between the Division of
Child Support and those district attorneys who provide support
enforcement services under this section. The department shall
fund the position or positions. The Oregon District Attorneys
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Association shall administer the liaison position or positions
under the agreement. The liaison shall work to:
(a) Enhance the participation and interaction of the district
attorneys in the development and implementation of Child Support
Program policies and services; and
(b) Increase the effectiveness of child support enforcement
services provided by the district attorneys.
(9) The district attorney or the Division of Child Support,
whichever is appropriate, shall provide the services specified in
subsections (1) and (4) of this section to any { - person
requesting them - } { + applicant + }, but may in their
discretion, upon a determination and notice to the { - person
requesting the service - } { + applicant + } that the prospect
of successful recovery from the obligor of a portion of the
delinquency or future payments is remote, require payment to the
district attorney or the Division of Child Support of an
application fee, in accordance with an application fee schedule
established by rule by the department. If service performed
results in the district attorney or the Division of Child Support
recovering any support enforcement fees, the fees shall be paid
to the applicant in an amount equal to the amount of the
application fee.
(10) An obligee may request the Division of Child Support or a
district attorney to cease all collection efforts if it is
anticipated that physical or emotional harm will be caused to the
parent or caretaker relative or the child for whom support was to
have been paid. The department, by rule, shall set out the
circumstances under which such requests shall be honored.
SECTION 5. ORS 25.160 is amended to read:
25.160. (1) For the purposes of ORS 25.020, 25.030, 25.070,
25.080, 25.085 and 25.130 to 25.160, { - all - } { + a child
+ }support { - cases - } { + case + } shall be referred
{ - by the district attorney - } to the Department of Justice
for provision of collection, accounting and disbursement services
{ - when a written - } { + if an + } application { - for
enforcement - } { + as described in section 2 of this 2009
Act + } is made to the district attorney or { + to + } the
Division of Child Support and the case qualifies for support
enforcement services under federal regulations and state law.
(2) The Department of Justice shall continue collection,
accounting and disbursement services for { - any - } { +
a + } case referred { + to the department + } under subsection
(1) of this section until notified by the district attorney or
the Division of Child Support that enforcement action has been
discontinued.
SECTION 6. ORS 25.164 is amended to read:
25.164. { - (1) If the payment method for support payments
set forth in the support judgment does not require payments to be
made through the Department of Justice, the obligor, obligee,
district attorney or Division of Child Support of the Department
of Justice may request to have subsequent payments made through
the department. All of the following apply to the request: - }
{ - (a) The request must be in writing; - }
{ - (b) The request must include the last-known addresses of
the obligor and the obligee; and - }
{ - (c) The request must be filed with the department. - }
{ - (2) When a request is made under this section, all of the
following apply: - }
Enrolled House Bill 2276 (HB 2276-INTRO) Page 7
{ - (a) The existing method of support accounting shall
terminate effective the first day of the month following the
month the request was filed; - }
{ - (b) The department shall commence support accounting and
distribution when the existing method is terminated; and - }
{ - (c) The request constitutes an application for support
enforcement services and for the use of state and federal laws,
regulations and rules relating to support payments and
enforcement of judgments. - }
{ - (3) If there is no appropriate record of support payments
for purposes of this section, the department may establish a
record of arrearage under ORS 25.167. - }
{ + (1) If the payment method for support payments set forth
in the support judgment does not require that payments be made
through the Department of Justice, an application may be made to
the department for support enforcement services under this
chapter and under federal laws and regulations relating to
support payments and enforcement of judgments. An application
under this section may be made by an obligee, by an obligor, by a
person having physical custody of a minor child or by a child
attending school, as defined in ORS 107.108.
(2) An application under subsection (1) of this section must be
in the form prescribed by section 2 of this 2009 Act.
(3) If an application is made under subsection (1) of this
section, the administrator shall give notice to all parties that
the application has been made. All support payments under the
judgment that are due after the notice is given must be made
through the department.
(4) When an application is made under this section, the method
of support accounting previously used for the support judgment
terminates on the first day of the month following the month the
application is made, and the department shall thereafter provide
support accounting for the support judgment and disburse amounts
paid under the judgment.
(5) If an application is made under this section and a complete
record of support payments does not exist, the department may
establish a record of arrearage under ORS 25.167. + }
SECTION 7. ORS 25.167 is amended to read:
25.167. This section establishes procedures for determining the
amount of arrearage and for making a record of arrearage of
support payments. All of the following apply to this section:
(1) A record of support payment arrearage may be established
by:
(a) Court order;
(b) A governing child support judgment issued under ORS 25.091
or 416.448;
(c) Administrative order issued under ORS 416.427 or 416.429;
(d) Stipulation of the parties; or
(e) The procedures under subsection (2) of this section
whenever an existing child or spousal support case enters the
Department of Justice records system without a current payment
record maintained by any court clerk.
(2) When allowed under subsection (1) of this section,
arrearage amounts may be established under this subsection. All
of the following apply to this subsection:
(a) The obligee or obligor may execute a certificate in a form
acceptable to the Department of Justice that states the total
amount owed or the payment history in as much detail as is
necessary to demonstrate the periods and amounts of any
arrearage.
Enrolled House Bill 2276 (HB 2276-INTRO) Page 8
(b) The person making the certificate shall file the original
certificate with the court in which the support judgment was
entered. When a governing child support judgment has been issued,
the person making the certificate shall file the original
certificate with the court that issued the governing child
support judgment.
(c) The person making the certificate shall serve a true copy
of the certificate upon the other party together with a notice
that the certificate will be the basis of a permanent record
unless the other party files objections.
(d) For objections to be valid under paragraph (c) of this
subsection, the other party must file the objection with the
court within 14 days from the date of service of the certificate
and must mail or serve true copies of the objections on both the
party who filed the certificate and either:
(A) The district attorney; or
(B) If support rights are or have been assigned to the State of
Oregon at any time within the last five months or if arrears
under the support judgment are so assigned, the Division of Child
Support of the Department of Justice.
(e) If objections are filed within the time allowed, the party
filing the certificate must file a supplemental certificate that
is in a form acceptable to the department and that provides any
information concerning the payment history that the department
determines necessary.
(f) If objections are filed within the time allowed, the
district attorney or the Division of Child Support shall cause
the case to be set for a court hearing. At the hearing, the court
shall consider the correctness of the certificate but may not
consider objections to the merits of the support judgment. The
parties may settle the case by written agreement anytime before
the court hearing. Notice of the court hearing shall be served
upon the party filing the objections as authorized in ORCP 9 B.
(g) If no objections are filed under this subsection within the
time allowed, the amount of arrearage stated in the certificate
is the amount owed for purposes of any subsequent action. The
district attorney or the Division of Child Support shall file
with the court a certificate stating the arrearage established
under this paragraph.
(3) When { - a request for accounting and distribution - }
{ + an application for support enforcement + } services is made
under ORS 25.164, an agency or court may not take or allow any ex
parte enforcement action on amounts owed as arrearage from before
the time that the Department of Justice commences support
accounting and { - distribution - } { + disbursement + }
until the amount is established under this section. This
subsection does not prohibit or limit any enforcement action on
support payments that become due subsequent to the department's
commencement of support accounting and
{ - distribution - } { + disbursement + } under ORS 25.164.
(4) In any determination under this section, a canceled check,
payable to the obligee, indorsed by the obligee or deposited to
an account of the obligee, drawn on the account of the obligor
and marked as child support shall be prima facie evidence that
child support was paid to the obligee in the amount shown on the
face of the check. It is immaterial that the check was signed by
a person other than the obligor, provided that the person who
signed the check was an authorized signatory of checks drawn on
the account.
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Enrolled House Bill 2276 (HB 2276-INTRO) Page 9
Passed by House February 26, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 21, 2009
...........................................................
President of Senate
Enrolled House Bill 2276 (HB 2276-INTRO) Page 10
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2276 (HB 2276-INTRO) Page 11