70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session


                            Enrolled

                         House Bill 2231

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Department of Justice)


                     CHAPTER ................


                             AN ACT


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.


Enrolled House Bill 2231 (HB 2231-INTRO)                   Page 1



  (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. + }
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Passed by House February 9, 1999


      ...........................................................
                                             Chief Clerk of House

      ...........................................................
                                                 Speaker of House

Passed by Senate March 29, 1999


      ...........................................................
                                              President of Senate





















Enrolled House Bill 2231 (HB 2231-INTRO)                   Page 2





Received by Governor:

......M.,............., 1999

Approved:

......M.,............., 1999


      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 1999


      ...........................................................
                                               Secretary of State









































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