Chapter 93 Oregon Laws 1999

Session Law

AN ACT

HB 2228

Relating to enforcement of arrearages under support obligations; creating new provisions; and amending ORS 416.429.

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

SECTION 1. ORS 416.429 is amended to read:

416.429. (1) [The administrator may issue, if there is a court order issued by a court in Oregon or a court or administrative order issued by any other state or territory of the United States, a notice of intent to enforce the support order.] The administrator may issue a notice of intent to establish and enforce arrearages for any support order that is registered, filed or docketed in this state. [Such notice shall] The notice must be served upon the [parent] obligor in the manner prescribed for service of summons in a civil action or mailed to the [parent] obligor at the [parent's] obligor's last-known address by certified mail, return receipt requested. The administrator shall mail the notice to the obligee by regular mail.

(2) The notice shall include:

(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 the [parent] obligor is required to pay under the support order;

(d) A demand that the [parent] obligor make full payment to the department or the clerk of the court, whichever is appropriate, within 14 days of the receipt or service of the notice;

(e) A statement that if full payment or an objection is not received within 14 days, the administrator will [enforce the order and that the property of the responsible parent will be subject to enforcement, including but not limited to wage withholding, garnishment and liens and execution thereon] enter an order directing that the amount of the arrearages stated in the notice be entered in the child support accounting record maintained by the department;

(f) A statement that if the [parent] obligor or the obligee objects to the enforcement of the [order] arrearages, then the [parent] objecting party must send to the office issuing the notice, within 14 days of the date of service, a written response that sets forth any objections and requests a hearing;

(g) A statement that the only basis upon which [a parent] an obligor or an obligee may object to the enforcement of the [order] arrearages is that[:]

[(A) There was no personal jurisdiction upon which to base the order;]

[(B) There was no subject matter jurisdiction upon which to base the order;]

[(C) The order was obtained by fraud; or]

[(D)] the amount of the arrearages specified in the notice is [not correct] incorrect;

[(h) A statement that if the parent or the obligee fails to respond within 14 days, the order will be docketed under ORS 416.440 if it is not an Oregon court order;]

[(i)] (h) A reference to ORS 416.400 to 416.470;

[(j)] (i) A statement that the [parent] obligor and the obligee are responsible for notifying the office of any change of address or employment;

[(k)] (j) A statement that if the [parent] obligor or the obligee has any questions, the [parent] obligor or obligee should telephone or visit the appropriate office or consult an attorney; and

[(L)] (k) Such other information as the administrator finds appropriate.

(3) 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.

(4) If no timely written response and request for hearing is received by the appropriate office, the administrator [may enter the order and docket it under ORS 416.440, if the order is not an Oregon order] shall enter an order directing that the amount of the arrearages stated in the notice be entered in the child support accounting record maintained by the department.

(5) Action to administratively enforce and collect upon the [order] arrearages established under this section may be taken 14 days after service of or receipt or refusal of the notice by the [parent] obligor or obligee.

(6) Nothing in this section shall prevent the administrator from using other available enforcement remedies at any time.

SECTION 2. (1) The amendments to ORS 416.429 by section 1 of this 1999 Act apply only to notices of intent issued by administrators on or after the effective date of this 1999 Act.

(2) The amendments to ORS 416.429 by section 1 of this 1999 Act do not affect any notice of intent issued under ORS 416.429 (1997 Edition) before the effective date of this 1999 Act. Any notice of intent issued under ORS 416.429 before the effective date of this 1999 Act shall continue to be governed by ORS 416.429 (1997 Edition).

Approved by the Governor April 23, 1999

Filed in the office of Secretary of State April 23, 1999

Effective date October 23, 1999

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