Chapter 18 Oregon Laws 1999

Session Law

AN ACT

HB 2235

Relating to contact with represented parties in child support cases; creating new provisions; amending ORS 25.015 and 25.020 and section 50, chapter 746, Oregon Laws 1997; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 25.020, as amended by section 14, chapter 704, Oregon Laws 1997, is amended to read:

25.020. (1) Support payments for or on behalf of any person, ordered, registered or filed pursuant to ORS chapter 25, 107, 108, 109, 110, 416, 419B or 419C shall be made to the Department of Justice:

(a) During periods for which support is assigned pursuant to ORS 418.032, 418.042, 419B.406 or 419C.597;

(b) As provided by rules adopted pursuant to ORS 409.021 or under ORS 180.340 when public assistance as defined by ORS 411.010 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;

(d) For any period during which support enforcement services are provided pursuant to the child support enforcement program created by Title IV-D of the Social Security Act or pursuant to ORS 25.080;

(e) When ordered by the court pursuant to ORS 419B.400; or

(f) When ordered by the court under any other applicable provision of law.

(2) The department 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.

(3) The department may immediately transmit payments received from any obligor who has not previously tendered any payment by a check or instrument which was not paid or was dishonored, to the obligee, without waiting for payment or clearance of the check or instrument received.

(4) 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. The department 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" includes, but is not limited to 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.

(5) The decree or order shall contain the residence, mailing or contact address and Social Security number of the obligee and obligor and, in addition, the business address of the obligor. Each person shall inform the court and the Department of Justice in writing of any change in the address required by this subsection within 10 days after such change. The Department of Justice may also require of the parties any additional information which is authorized by law and is necessary for the operation of support enforcement and collection activities.

(6) 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, 416, 419A, 419B and 419C and ORS 110.300 to 110.441 which would otherwise impose the same duties or functions upon the county clerk or the Department of Human Resources.

(7) Except as provided for in subsections (8), (9) and (10) of this section, credit shall not be given for payments not made to the department as required pursuant to subsection (1) of this section.

(8) The department shall give credit for payments not made to the department when:

(a) 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) 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) 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 pursuant to ORS 409.021 or under ORS 180.340.

(9) An obligor may apply to the department for credit for payments made other than to the department. If the obligee or other state does not provide the agreement, sworn statement or verification required by subsection (8) of this section, credit may be given pursuant to order of a hearings officer of the Department of Human Resources 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 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.

(10) Nothing in this section precludes the department 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.

SECTION 2. Section 50, chapter 746, Oregon Laws 1997, as amended by section 14a, chapter 704, Oregon Laws 1997, is amended to read:

Sec. 50. (1) Support payments for or on behalf of any person, ordered, registered or filed pursuant to ORS chapter 25, 107, 108, 109, 416, 419B or 419C or sections 56 to 114, chapter 746, Oregon Laws 1997, unless otherwise authorized by section 135, chapter 746, Oregon Laws 1997, shall be made to the Department of Justice, as the state disbursement unit:

(a) During periods for which support is assigned pursuant to section 134, 134a, 134b or 134c, chapter 746, Oregon Laws 1997;

(b) As provided by rules adopted pursuant to ORS 409.021 or under ORS 180.340, when public assistance as defined by ORS 411.010 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;

(d) For any period during which support enforcement services are provided pursuant to the child support enforcement program created by Title IV-D of the Social Security Act or pursuant to ORS 25.080;

(e) When ordered by the court pursuant to 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.

(2)(a) The department 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) The department shall distribute the first $50 received from a support collection to the obligee. Only one $50 distribution under this paragraph may be made to an obligee in any one month.

(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.

(5) 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 25.317.

(6)(a) Except as provided in paragraph (d) of this subsection, a decree or order establishing paternity or including a provision concerning support shall contain the residence, mailing or contact address, Social Security number, telephone number and driver license number of each party and the name, address and telephone number of all employers of each party.

(b) The decree or order shall also include notice that the obligor and obligee:

(A) Must inform the court and the Department of Justice in writing of any change in the information required by this subsection within 10 days after such change; and

(B) May request that the Department of Human Resources review the amount of support ordered after two years or at any time upon a substantial change of circumstances.

(c) The Department of Justice 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, that 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 child or party to a paternity or support proceeding or if an existing order so requires, a court or administrator or hearings officer, 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 Human Resources 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.

(7)(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.

(8) Subject to section 135, chapter 746, Oregon Laws 1997, 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, 416, 419A, 419B and 419C and sections 56 to 114, chapter 746, Oregon Laws 1997, that would otherwise impose the same duties or functions upon the county clerk or the Department of Human Resources.

(9) Except as provided for in subsections (10), (11) and (12) of this section, credit shall not be given for payments not made to the department as required pursuant to subsection (1) of this section.

(10) The department shall give credit for payments not made to the department when:

(a) 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;

(c) 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 pursuant to ORS 409.021 or under ORS 180.340.

(11) An obligor may apply to the department for credit for payments made other than to the department. If the obligee or other state does not provide the agreement, sworn statement or verification required by subsection (10) of this section, credit may be given pursuant to order of a hearings officer of the Department of Human Resources 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 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.

(12) Nothing in this section precludes the department 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.

SECTION 3. Nothing in the amendments to ORS 25.020 or section 50, chapter 746, Oregon Laws 1997, by section 1 or 2 of this 1999 Act affects the operative-in-lieu or repealing provisions of section 1, chapter 746, Oregon Laws 1997.

SECTION 3a. If Senate Bill 29 becomes law, sections 2 (amending section 50, chapter 746, Oregon Laws 1997) and 3 of this 1999 Act are repealed.

SECTION 4. ORS 25.015 is amended to read:

25.015. (1) The Department of [Human Resources] Justice shall notify the parties to a support order that payment is to commence on the first due date following the date of the notice when:

(a) The department receives a copy of a support order of a court that requires payments to be made through the department or for which there is an application for support enforcement services;

(b) The department commences accounting services; and

(2) The department shall include in the notice under subsection (1) of this section a statement that no later than 60 days after the date of the notice the department shall adjust the account to reflect an accrued arrearage for the period of time between the effective date of the order and the date of the notice unless a party requests that the department establish the arrearage on the account as provided in ORS 25.330 or 416.429.

(3) If, within 60 days after the date of the notice under subsection (1) of this section, a party requests the department to establish the arrearage as provided in ORS 25.330 or 416.429, the department may not reflect an accrued arrearage on the account until the arrearage has been established.

(4) If a party does not request the department to establish the arrearage as provided in subsection (3) of this section, the department shall adjust the account to reflect the arrearage for the period of time between the effective date of the order and the date of the notice.

SECTION 5. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor April 16, 1999

Filed in the office of Secretary of State April 19, 1999

Effective date April 16, 1999

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