Chapter 127 Oregon Laws 1999

Session Law

AN ACT

HB 2231

Relating to support enforcement concerning incarcerated obligors; amending ORS 416.425.

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

SECTION 1. ORS 416.425 is amended to read:

416.425. (1) At any time after the entry of an order pursuant to ORS 416.400 to 416.470 or in regards to any court order for which support enforcement services are being provided under ORS 25.080, the obligated parent, the obligee, the party holding the support rights or the administrator may move for the existing order to be modified under this section. The motion shall be in writing in a form prescribed by the administrator, shall set out the reasons for modification and shall state the telephone number and address of the moving party. The motion shall be served upon the obligated parent, the obligee, the party holding the support rights and the administrator, as appropriate. The obligor shall be served in the same manner as provided for service of the notice and finding of financial responsibility under ORS 416.415 (1). The obligee shall be served in accordance with ORS 25.085. The parties against whom the motion is made shall have 30 days to resolve the matter by stipulated agreement or to serve the moving party by regular mail with a written response setting forth any objections to the motion and a request for hearing. The hearing shall be conducted pursuant to ORS 416.427.

(2) When the moving party is other than the administrator and no objections and request for hearing have been served within 30 days, the moving party may submit a true copy of the motion to the hearings officer as provided in ORS 416.427, except the default shall not be construed to be a contested case as defined in ORS 183.310 to 183.550. Upon proof of service, the hearings officer shall issue an order granting the relief sought.

(3) When the moving party is the administrator and no objections and request for hearing have been served within 30 days, the administrator may enter an order granting the relief sought.

(4) A motion for modification made pursuant to this section shall not stay the administrator from enforcing and collecting upon the existing order unless so ordered by the court in which the order is docketed.

(5) Except as otherwise provided by ORS 416.400 to 416.470, the only support payments which may be modified are the monthly future support payments.

(6) The party requesting modification shall have the burden of showing a substantial change of circumstances or that a modification is appropriate under the provisions of ORS 25.287.

(7) An administrative order modifying a court order is not effective until the administrative order is reviewed and approved by the court that entered the court order. The court shall make a written finding on the record that the administrative order complies with the formula established by ORS chapter 25. The court may approve the administrative order at any time after the order is issued. If upon review[,] the court finds that the administrative order should not be approved, the court shall set the matter for hearing de novo.

(8) The obligee is a party to all proceedings under this section.

(9) An order entered under this section that modifies a support order because of the incarceration of the obligor is effective only during the period of the obligor's incarceration and for 60 days after the obligor's release from incarceration. The previous support order is reinstated by operation of law on the 61st day after the obligor's release from incarceration. An order that modifies a support order because of the obligor's incarceration must contain a notice that the previous order will be reinstated on the 61st day after the obligor's release from incarceration.

Approved by the Governor April 26, 1999

Filed in the office of Secretary of State April 26, 1999

Effective date October 23, 1999

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