75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2278
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 judgment remedies for child support; creating new
provisions; and amending ORS 18.180.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 18.180 is amended to read:
18.180. (1) Judgment remedies for a judgment expire upon full
satisfaction of the money award portion of the judgment.
(2) If a judgment lien arises out of a support award under ORS
18.150 (3) or 18.152 (3), a support arrearage lien attaching to
real property under the judgment lien expires upon satisfaction
of the unpaid installment that gave rise to the support arrearage
lien.
(3) Except as provided in ORS 18.180 to 18.192, judgment
remedies for a judgment in a civil action expire 10 years after
the entry of the judgment.
(4) Except as provided in this subsection, judgment remedies
for a judgment in a criminal action expire 20 years after the
entry of the judgment. Judgment remedies for a judgment in a
criminal action that includes a money award for restitution
expire 50 years after the entry of the judgment.
(5) Except as provided in ORS 18.192, judgment remedies for the
child support award portion of a judgment, and any lump sum
support award for child support, expire { - 25 - } { + 35 + }
years after the entry of the judgment that first establishes the
support obligation.
(6)(a) Except as provided by paragraph (b) of this subsection
and ORS 18.190, judgment remedies for any unpaid installment
under the spousal support award portion of a judgment, including
any installment arrearage lien arising under the judgment, expire
25 years after the entry of the judgment that first establishes
the support obligation, or 10 years after an installment comes
due under the judgment and is not paid, whichever is later.
(b) The judgment lien for the spousal support award portion of
a judgment that is entered on or after January 1, 2004, including
any installment arrearage lien arising under the judgment,
expires 25 years after the entry of the judgment that first
establishes the support obligation unless a certificate of
extension is filed under ORS 18.185.
(7)(a) If a money award in a judgment under ORS 107.105 (1)(f)
provides for a future payment of money, judgment remedies for the
portion of the judgment providing for future payment expire 10
Enrolled House Bill 2278 (HB 2278-A) Page 1
years after the date on which the future payment becomes due. At
any time before the judgment remedies for a money award described
in this subsection expire, judgment remedies for the portion of
the judgment providing for a future payment may be extended as
provided in ORS 18.182.
(b) This subsection does not apply to support awards.
(8) This section does not apply to justice courts, municipal
courts or county courts performing judicial functions.
SECTION 2. { + (1) Except as provided in subsection (2) of
this section, the amendments to ORS 18.180 by section 1 of this
2009 Act apply to all judgments, whether entered before, on or
after the effective date of this 2009 Act.
(2) The amendments to ORS 18.180 by section 1 of this 2009 Act
do not operate to revive any judgment remedies that expired
before the effective date of this 2009 Act under the provisions
of ORS 18.180 as in effect immediately before the effective date
of this 2009 Act. + }
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Passed by House March 24, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 19, 2009
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President of Senate
Enrolled House Bill 2278 (HB 2278-A) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
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Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2278 (HB 2278-A) Page 3