Chapter 836 Oregon Laws 1999

Session Law

AN ACT

HB 2234

Relating to support enforcement; amending ORS 416.407 and 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.

SECTION 2. ORS 416.407 is amended to read:

416.407. (1) In any proceeding under ORS 416.400 to 416.470, the following are parties and shall be given notice of any such proceeding by the administrator:

[(1)] (a) The State of Oregon.

[(2)] (b) An obligee who has physical custody of a child for whose benefit a support order or an order establishing paternity is sought, is being modified or is being enforced under this chapter. Notice may be given the obligee by regular mail.

[(3)] (c) A noncustodial parent or a male who is alleged to be the father of a child when an action is initiated under this chapter to establish, modify or enforce a support or paternity order.

(d) A person joined as a party under subsection (2) of this section.

(2) Pursuant to administrative rule, a party may join a person who has physical custody of a child to a proceeding under ORS 416.400 to 416.470.

Approved by the Governor July 21, 1999

Filed in the office of Secretary of State July 21, 1999

Effective date October 23, 1999

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