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 939
 
                         House Bill 2277
 
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.
 
  Provides that certain administrative orders for support may
include provision for change to support award when child's
physical custody changes. Prescribes procedures for establishing
when change of custody occurs.
 
                        A BILL FOR AN ACT
Relating to changes in support award when physical custody
  changes; creating new provisions; and amending ORS 416.427.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Section 2 of this 2009 Act is added to and
made a part of ORS 416.400 to 416.465. + }
  SECTION 2.  { + (1) An order for support of a child entered
under ORS 416.400 to 416.465 may provide for a change to the
support award based on a change in the child's physical custody.
The order may provide for a change in the support award during
periods of time when one parent, with the knowledge and consent
of the other parent or pursuant to court order, has physical
custody of the child. The provision may not provide for a change
to the support award during periods of parenting time or
visitation.
  (2) A sworn affidavit of the parent having physical custody of
a child is sufficient to establish a change in physical custody
of the child, and of the time during which the parent has
physical custody of the child, for the purposes of a change to a
support award under a provision described in subsection (1) of
this section. The other parent may contest the affidavit by
requesting a hearing as provided by ORS 416.427.
  (3) The legal custody of a child is not affected by a change to
a support order under a provision described in subsection (1) of
this section. + }
  SECTION 3. ORS 416.427 is amended to read:
  416.427. (1) When a party requests a hearing pursuant to  { +
section 2 of this 2009 Act or + } ORS 416.415, 416.417, 416.425
(1) or 416.429, the contested case provisions of ORS chapter 183
apply except as provided in subsection (6) of this section.
  (2) Except as provided in ORS 416.430, hearings shall be
conducted by an administrative law judge assigned from the Office
of Administrative Hearings.
 
  (3) The administrative law judge may issue subpoenas for
witnesses necessary to develop a full record. The attorney of
record for the office of the Division of Child Support or the
office of the district attorney may issue subpoenas. Witnesses
appearing pursuant to subpoena, other than parties or officers or
employees of the administrator, shall receive fees and mileage as
prescribed by law for witnesses in ORS 44.415 (2). Obedience to
the subpoena may be compelled in the same manner as set out in
ORS 183.440 (2).
  (4) Upon issuance of an order, action by the administrator to
enforce and collect upon the order, including arrearages, may be
taken. Action by the administrator may not be stayed or partially
stayed pending appeal or by any court unless there is substantial
evidence showing that the obligor would be irreparably harmed and
that the obligee would not be irreparably harmed.
  (5) An order issued by the administrative law judge or the
administrator is final. The order shall be in full force and
effect while any appeal is pending unless the order is stayed by
a court. A court may not grant a stay unless there is substantial
evidence showing the obligor would be irreparably harmed and that
the obligee would not be irreparably harmed.
  (6) Appeal of the order of the administrative law judge or any
default or consent order entered by the administrator pursuant to
ORS 416.400 to 416.465 may be taken to the circuit court of the
county in which the order has been entered pursuant to ORS
416.440 for a hearing de novo. The appeal shall be by petition
for review filed within 60 days after the order has been entered
pursuant to ORS 416.440. Unless otherwise specifically provided
by law, the appeal shall be conducted pursuant to the Oregon
Rules of Civil Procedure.
  (7) The obligor, the obligee and the state are parties to any
proceedings, including appeals, under this section.
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