Chapter 680 Oregon Laws 1999

Session Law

AN ACT

HB 2230

Relating to designation of tribunal for foreign support order proceedings; creating new provisions; and amending ORS 110.303, 110.405, 110.414 and 416.419.

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

SECTION 1. ORS 110.303 is amended to read:

110.303. As used in ORS 110.300 to 110.441:

(1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

(2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.

(3) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support.

(4) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with a parent or a person acting as a parent. A period of temporary absence is counted as part of the six-month or other period.

(5) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the laws of this state.

(6) "Income-withholding order" means an order or other legal process directed to an obligor's employer or other third party in possession of a monetary obligation owed to an obligor, as defined by the income-withholding law of this state, to withhold support from the income of the obligor.

(7) "Initiating state" means a state in which a proceeding under ORS 110.300 to 110.441 or a law substantially similar to ORS 110.300 to 110.441, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act is filed for forwarding to a responding state.

(8) "Initiating tribunal" means the authorized tribunal in an initiating state.

(9) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage.

(10) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage.

(11) "Law" includes decisional and statutory law and rules and regulations having the force of law.

(12) "Obligee" means:

(a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;

(b) A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or

(13) "Obligor" means an individual or the estate of a decedent:

(a) Who owes or is alleged to owe a duty of support;

(b) Who is alleged but has not been adjudicated to be a parent of a child; or

(14) "Register" means to register a support order or judgment determining parentage in the appropriate location for the recording or filing of foreign judgments generally or foreign support orders specifically.

(15) "Registering tribunal" means a tribunal in which a support order is registered. The registering tribunal of this state is the circuit court.

(16) "Responding state" means a state to which a proceeding is forwarded under ORS 110.300 to 110.441 or a law substantially similar to ORS 110.300 to 110.441, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.

(17) "Responding tribunal" means the authorized tribunal in a responding state.

(18) "Spousal support order" means a support order for a spouse or former spouse of the obligor.

(19) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States. The term "state" includes an Indian tribe and includes a foreign jurisdiction that has established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under ORS 110.300 to 110.441.

(20) "Support enforcement agency" means a public official or agency authorized to:

(a) Seek enforcement of support orders or laws relating to the duty of support;

(b) Seek establishment or modification of child support;

(d) Locate obligors or their assets.

(21) "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care, arrearages or reimbursement, and may include related costs and fees, interest, income withholding, attorney fees and other relief.

(22) "Tribunal" means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage.

SECTION 2. ORS 110.405 is amended to read:

110.405. (1) A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement.

(2) A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to the Support Enforcement Division of the Department of Justice [as interstate clearinghouse for the State of Oregon] to forward to the registering tribunal as directed in ORS 110.369:

(a) A letter of transmittal to the tribunal requesting registration and enforcement;

(b) Two copies, including one certified copy, of all orders to be registered, including any modification of an order;

(c) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(d) The name of the obligor and, if known:

(A) The obligor's address and Social Security number;

(B) The name and address of the obligor's employer and any other source of income of the obligor; and

(e) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.

(3) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.

(4) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other laws of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

SECTION 3. ORS 110.414 is amended to read:

110.414. (1) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. Notice must be given by first-class, certified or registered mail or by any means of personal service authorized by the law of this state. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(2) The notice must inform the nonregistering party:

(a) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(b) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the date of mailing or personal service of the notice;

(c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and

(d) Of the amount of any alleged arrearages.

(3) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to the income-withholding law of this state.

(4) The Support Enforcement Division of the Department of Justice and the Judicial Department shall enter into an agreement specifying how the division shall provide circuit courts with assistance necessary to carry out the duties of the registering tribunal under this section. The agreement shall require the division to pay the copying and mailing costs of giving notice under this section.

SECTION 4. ORS 416.419, as amended by section 45, chapter 704, Oregon Laws 1997, is amended to read:

416.419. (1) Except as otherwise provided in subsection (2) of this section, the administrator may act as the tribunal described in ORS 110.315 in the establishment of paternity or of a child support order, or in the modification or enforcement of a child support order.

[(2)(a) When a foreign support order is registered for enforcement or modification pursuant to ORS 110.300 to 110.441, the tribunal is the Department of Justice.]

[(b)] (2)(a) When a hearing is requested pursuant to ORS 416.427, the tribunal is the Employment Department, except as provided in ORS 416.430.

[(c)] (b) When an order is appealed pursuant to ORS 416.427 (6), the tribunal is a circuit court.

SECTION 5. The amendments to ORS 110.303, 110.405, 110.414 and 416.419 by sections 1 to 4 of this 1999 Act apply to orders registered on or after the effective date of this 1999 Act.

Approved by the Governor July 14, 1999

Filed in the office of Secretary of State July 14, 1999

Effective date October 23, 1999

__________