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Oregon State Law

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
13.
2. What is the name of your IV-D agency?
Oregon Child Support Program.
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
The Oregon Child Support Program primarily uses administrative process to establish a support order, but the judicial process is also available.
4. Does your state use the following applications: EDE, CSENET, QUICK?
Yes.

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
Age of majority in Oregon is 18 years. See ORS 109.510 and ORS 107.108. See links below. If needed, cut and paste the links into your browser.
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18 years of age.
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
No.
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
Yes, the support obligation may continue for an adult child 18, 19, or 20 years old who qualifies as a child attending school under ORS 107.108 if the order contains a post-majority support provision. To qualify as child attending school, the adult child must be enrolled in school at least one-half time and making satisfactory academic progress (as defined by the school). Generally, a pro-rated share of the total current support obligation is paid directly to a child attending school, but the court can order support to be divided otherwise, or it can order the support to continue to be paid to the parent receiving support. Support is only owed while the child attends school, and it may stop if a child is not in compliance with ORS 107.108. Support will only restart when the child has provided proof that they have resumed full compliance with ORS 107.108. The Oregon Child Support Program may continue to enforce child support when ordered to continue past age 21 for a disabled child.
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
The legal age is 18. However, a minor child can be emancipated sooner if they get legally married or obtain a judgment of emancipation from a juvenile court. See 109.520 and 419B.552. See links below. If needed, cut and paste the links into your browser.
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No.
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
No.
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
No, Oregon will not provide establishment services for a child over age 18. We will continue to enforce child support when ordered to continue past the age of 21 for a disabled child, up to age 21 for an Oregon child attending school order, or consistent with the terms of an order from another state.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
It is 35 years from the date of the judgment that first establishes the child support obligation. See ORS 18.180(5). If needed, cut and paste this link into your browser.
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
Oregon has no statute of limitations. However, pursuant to OAR 137-055-3485, we may not initiate the establishment of paternity or support for a child after the child turns 18 years old.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
No, it is not possible for child support judgments. See ORS 18.182(7). Spousal support judgments can be extended once before they expire. See ORS 18.185.
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4. Support Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
Income Shares model. See OAR Chapter 137, Division 50 for guideline rules. If needed, cut and paste this link into your browser.
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
Yes, Oregon law allows interest on arrears. ORS 82.010 provides a standard 9% simple interest rate for judgments. We do not calculate or order interest. Interest is added to Oregon Child Support Program accounts only when a party has it established in a judgment or order entered by a court. For more information about how the Oregon Child Support Program handles interest, see OAR 137-055-5080. See links below. If needed, cut and paste the links into your browser.
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
No.
4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
Yes, Oregon law allows interest on retroactive support. The Oregon Child Support Program does not calculate or order interest on retroactive support. See 2 above.
5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
Yes, if the medical debt is reduced to a judgment.
6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
To redirect support to a new judgment creditor, an Oregon support order must be modified. The order may be modified solely to redirect the existing support amount to a new judgment creditor, or it may be modified to redirect support and recalculate the amount based on new circumstances.
6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
If support is assigned to another state while a child is receiving TANF, it may be appropriate to direct support to that state. However, if support is not assigned to the state, it belongs to the judgment creditor listed in the order (until the order can be modified).
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7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
In a non-public assistance case, Oregon can disburse payments to a custodial party who was not a party to the prior order by: 1. Joining the new custodian as a payee to the existing order, or 2. Modifying the support amount and joining the new custodian. See ORS 25.503 and OAR 137-055-3500. See links below. If needed, cut and paste the links into your browser.
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
Yes. Oregon provides a dollar-for-dollar credit toward the monthly child support obligation and against arrears for lump sum payments. See OAR 137-050-0740.
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
Yes, Oregon may allow a credit against child support arrearages (not to exceed any arrears balance) for periods of time, excluding reasonable parenting time unless otherwise provided by order or judgment, during which the parent paying support, with the knowledge and consent of the parent receiving support or pursuant to court order, has physical custody of the child. A request for credit may be made: 1. As part of a request for modification, for any time period immediately prior to the effective date of the modification; or 2. Independent of a request for modification, for any time period within two years prior to the date of the request. See ORS 25.527(8)(a) and OAR 137-055-5510. See links below. If needed, cut and paste the links into your browser.
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5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
No.
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2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
A cumulative paternity index of 99% or greater creates a disputable presumption of paternity. See ORS 109.258. If needed, cut and paste this link into your browser.
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
ORS 109.070 provides that filing a voluntary acknowledgment of paternity with the state registrar establishes paternity for all purposes. A party may rescind the acknowledgment within 60 days from filing (or, if earlier, the entry of an order in a proceeding related to the child, including establishing a support order). ORS 109.070(5). A party may challenge the acknowledgment at any time after the 60-day period based on fraud, duress, or material mistake of fact. ORS 109.070(6)(a). If parentage tests have not been completed within one year after a voluntary acknowledgment of paternity form is filed, a party may ask the Oregon Child Support Program to order parentage tests. ORS 109.070(7), ORS 25.554. A voluntary acknowledgment of paternity is not valid if, before the party signed the acknowledgment: A. The party signed a consent to the adoption of the child by another individual B. The party signed a document relinquishing the child to a public or private child-caring agency C. The party's parental rights were terminated by a court, or D. In an adjudication, the party was determined not to be the biological parent of the child. ORS 109.070(8). See links below. If needed, cut and paste the links into your browser.
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
Yes. The parentage of a child established by marriage to the birth mother at the time of the child's birth may be challenged in an action or proceeding by either spouse. Parentage may not be challenged by a person other than the spouses as long as they are married and cohabiting, unless both spouses consent to the challenge. If the court finds that it is just and equitable, giving consideration to the interests of the parties and the child, the court shall admit evidence offered to rebut the presumption. See ORS 109.070.
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
No. While the name of a second parent in addition to the birth mother on the birth record indicates that parentage has been established, by marital presumption, voluntary acknowledgment, subsequent marriage of the parties, filiation proceedings, or an adjudication of paternity or maternity, it is not conclusive in all situations. A voluntary acknowledgment of paternity may be rescinded or challenged as described above in 3. The marital presumption may be rebutted as described above in 4.
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
No.
7. What, if any, is the agency name and link for your state's putative fathers' registry?
N/A.
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
The Oregon Child Support Program can provide copies of paternity orders. Birth, marriage, and death records are maintained by Vital Records and Certificates, Oregon Center for Health Statistics. Requests should be made directly to that agency. Information on the process and fees can be found in link below. See links below. If needed, cut and paste the links into your browser.
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9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
Yes. For a list of fees, visit Vital Records and Certificates, Oregon Center for Health Statistics website in link below.
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9.1. Describe any circumstances under which these fees may be waived?
N/A
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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
Oregon law does not provide for common-law marriage. A common-law marriage established in another state will be recognized in Oregon.
11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
N/A
12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
A single packet may include multiple children, so long as it includes a Declaration in Support of Establishing Parentage for each child.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
The Oregon Child Support Program primarily uses administrative process to establish a support order, but the judicial process is also available.
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
The default establishment process is administrative. See ORS 25.511; ORS 25.501-533 generally. If needed, cut and paste this link into your browser.
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
The judicial process is used if the administrative order is appealed, or if a party requests the case be heard by a judge in a paternity proceeding. See ORS 25.511; ORS 25.501-533 generally.
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
Oregon uses the Income Shares model, which bases the guideline support amount on the incomes of both parents. Neither a childs income nor that of a new spouse is a factor in the guideline amount. If the presumed guideline amount is unjust or unreasonable, the court or the child support program may rebut the presumption in favor of the guideline amount and substitute a just and appropriate figure. See OAR 137-050-0710 and OAR 137-050-0715.
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2.1. What documentation is required as proof/evidence of this information?
Paystub, tax return, Uniform Income & Expense Statement, Employment Verification letter.
3. What criteria for rebutting your presumptive guidelines have been established in your state?
Deviations from the presumed guideline amount (rebuttals) can be based on any economic factor. See Petersen and Petersen, 132 Or App 190, 888 P2d 23 (1994); Non-exclusive lists of specific criteria adopted by the Oregon legislature, or the Oregon Child Support Program can be found at ORS 25.280 and ORS 137-050-0760. See links below. If needed, cut and paste the links into your browser.
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
No. Past support may be ordered for the period a proposed order is pending. It cannot be ordered for a period of time prior to the month that a proposed order is issued. Please contact the Policy Team at (503) 947-4388 for details before referring your case.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
Oregon does not establish support for prior periods. If a referral is received requesting current and past support, past support may be ordered from the month that a proposed order is issued through the month prior to order becoming final. The month the order becomes final is considered current support. See OAR 137-055-3220.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
No.
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Although Oregon will not accept referrals for retroactive support only, orders may ultimately be entered for past support only. If a referral for current and past support is updated to remove ongoing support, Oregon may amend the action and enter an order for past support only, for all or part of the time the action was pending. OAR 137-055-3220 requires that orders for assigned past support only must be for a time period of at least four months
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
No. Physical custody is sufficient. See ORS 25.515 and ORS 109.175. See links below. If needed, cut and paste the links into your browser.
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5.1. What about when public assistance is not being expended?
No. Physical custody is sufficient.
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
A modification. See OAR 137-055-3410.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
No. In certain circumstances, a sworn affidavit of the parent having physical custody of a child is sufficient to change the obligation from one parent to the other. If other factors have changed since entry of the order, Oregon will modify the order to reflect the new arrangements, custodial and otherwise. See ORS 25.525 and OAR 137-055-3435. See links below. If needed, cut and paste the links into your browser.
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7. Income Withholding

1. What are specific sources of income not subject to withholding?
TANF, Supplemental Security Income (SSI), Oregons or another states general assistance program, and certain veterans' benefits. See ORS 25.010(7) and 25.245. If needed, cut and paste this link into your browser.
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
Yes. ORS 25.331, 25.387, and 25.414.
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