"Dedicated to Child & Spousal Support Enforcement"

If We Don't Collect, You Don't Pay!

Follow Us

Facebook LinkedIn Google +

Oregon State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
The Oregon Child Support Program is comprised of the Department of Justice, Division of Child Support and county district attorney offices. There are 14 Division of Child Support offices throughout the state. In 22 of the 36 counties, the District Attorney offices provide IV-D services where support rights are not assigned to a state under a cooperative agreement. In the 14 counties where the District Attorney offices do not provide child support services, the Division of Child Support handles the cases where rights are assigned to a state and the cases where a request for services has been made.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
ORS 25.080 (2)
For Additional Information - exit disclaimer
A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No.
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Oregon Revised Statute (ORS) Chapter 110.
For Additional Information - exit disclaimer
B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Austria, France, Germany, and Sweden
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
Yes
C2.1. If yes, list the tribes and identify services provided, if less than full services.
There are nine federally-recognized Indian Tribes in the state of Oregon. They are: (1) Burns Paiute Tribe; (2) Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians; (3) Confederated Tribes of the Grand Ronde; (4) Confederated Tribes of Siletz Indians; (5) Confederated Tribes of the Umatilla Indian Reservation; (6) Confederated Tribes of Warm Springs; (7) Coquille Indian Tribe; (8) Cow Creek Band of Umpqua Tribe of Indians; and (9) The Klamath Tribes. The Klamath Tribes and the Confederated Tribes of the Umatilla Indian Reservation have a Tribal IV-D program. The Oregon Child Support Program works together with Oregon's American Indian Tribes in an effort to continually enhance the child support services provided to Tribal families. Tribal liaisons are assigned to work with each Oregon Tribe to establish procedures for tribal courts to use when establishing and enforcing child support obligations that are under tribal jurisdiction. The liaisons also assist with Tribal TANF and Tribal IV-D programs in Oregon, provide technical assistance and training to Tribal staff, and assist in the development of Tribal-specific policies and procedures. For more information about child support and procedures for working with Oregon Tribes, please contact one of the tribal liaisons. Contact information is available at: http://www.oregonchildsupport.gov/services/tribal/
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **
Yes. See ORS 110.655(2)(a) URL: www.oregonlegislature.gov/billslaws/ors/ors110.htm

D. Age of Majority

D1. What is the age of majority in your state?
18 years of age.
D2. What is the statutory citation for the age of majority?
Oregon Revised Statute (ORS) 109.510. URL: https://www.oregonlegislature.gov/billslaws/ors/ors109.html Oregon Revised Statute (ORS) 107.108 regarding child attending school.
For Additional Information - exit disclaimer
D3. 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.
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
N/A
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
The support obligation may continue for a child 18,19, or 20 years old who qualifies as a child attending school if the order provides for post-majority support. To qualify as child attending school under ORS 107.108, the adult child must be enrolled in school at least one-half time and be making satisfactory academic progress (as defined by the school). Generally, the child attending school receives an equal share of the support based on the number of children for whom support is ordered, but the court can order support to be divided otherwise, or it can order the support to continue to be paid to the "custodial" parent. Support is only owed while the child attends school, but it may stop if a child is not in compliance with ORS 107.708. Support will only restart when the child is in full compliance with ORS 107.108.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes, provided that there is an existing order with unpaid support and arrears have not expired under the expiration of judgment laws.
D8.1 If not, how does this affect interstate referrals?
N/A

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
It is 35 years from the date of the judgment that first establishes the support obligation. ORS 18.180(5).
For Additional Information - exit disclaimer
E2. What is your State's statute of limitations for paternity establishment?
There is no statute of limitations; however, pursuant to OAR 137-055-3485, the administrator may not initiate the establishment of paternity or support for a child after the child turns 18 years old.
For Additional Information - No Link Provided
E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A
For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Income shares model
For Additional Information - exit disclaimer
F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
ORS 82.010 provides a standard 9% simple interest rate for judgments. See F4.1.
For Additional Information - exit disclaimer
F3. Does your state charge interest on retroactive support?
Yes
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
See F2.1 (same information).
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
See F2.1 (same information). ORS 82.010 provides a standard 9 % simple interest rate for judgments. OAR 137-055-5080 addresses how the Oregon Child Support Program handles interest. Interest is added only when a party has it established in a judgment or order entered by a court. For a case with a controlling support order from another jurisdiction: (a) The law of the jurisdiction that issued the controlling order governs the computation and accrual of interest under the support order; and (b) The administrator will update the account record as directed by the jurisdiction with the controlling order and will send an informational notice to the parties.
For Additional Information - exit disclaimer
F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
Only if the medical debt is reduced to a judgment.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
Oregon recovers the cost for the following fees from the obligee: IRS full collection, federal tax refund intercept, federal administrative offset, the $25.00 annual fee for non-assistance cases, and Oregon Department of Revenue fee for state tax refund intercept. We also charge a $1.00 application fee on non-TANF cases.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
The application fee for non-TANF cases if obligor is the applicant.
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
Fees described in the UIFSA definition of support order when the fees are included in the judgment.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
UIFSA - ORS 110.518.
For Additional Information - exit disclaimer
F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Oregon cannot establish or modify spousal support orders. For spousal-only orders, enforcement is limited to income withholding and arrears establishment.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
If relevant to an action to establish support, that information may be required. Failure to include it will not result in rejection of a UIFSA petition.
F10.1. Optional comments regarding required information on spouse or partner.
N/A
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
The fee is imposed on a prorated basis for all family accounts; including from a child 18, 19, or 20 years old who qualifies as a child attending school pursuant to ORS 107.108, and caretaker pay-to accounts. The annual fee is collected from support received and the obligor is given credit for the full amount received. The fee is withheld from the payment to the obligee/caretaker or child attending school after the first $500 has been collected and disbursed to the family.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes
F11.2 Does your state collect the fee from the person applying for IV-D services?
Yes, assuming that the applicant is the support obligee.
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
Yes - On qualifying international cases
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
10/1/2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
Yes
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
F15. Will your state discontinue eligible assignments under the DRA of 2005?
No
F15.1. If yes, list the eligible assignments your state would discontinue.
N/A
F15.2. When will your state discontinue each type of assignment?
When mandated by federal requirements
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA distribution ordering rules
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
The support rights for any beneficiary receiving TANF is assigned by operation of law in Oregon, whether or not the TANF applicant is the court ordered payee, per ORS 412.024.
For Additional Information - exit disclaimer
F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Pursuant to OAR 137-055-1020 (3) there is also an assignment of rights to medical support for reimbursement of health care costs for any person who has been granted medical assistance.
For Additional Information - exit disclaimer
F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
We either need a voluntary redirect request from the obligee (judgment creditor) or we complete a modification at the request of the child's caretaker (custodian), to join the caretaker to the order.
For Additional Information - No Link Provided
F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
We collect it from the obligee's support once $500 has been collected in the year.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
N/A
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes.
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes.

G. Income Withholding

G1. What specific source of income is 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.
For Additional Information - exit disclaimer
G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes
G2.1. If yes, what are those limits?
Income withholding, in addition to applicable fees, for cases with current support only, current support plus arrears, or arrears only may not exceed 50% of disposable income unless by court order, which still may not exceed CCPA limits. For Oregon claimants of Social Security Disability, Veterans Disability, and Black Lung Disability who owe arrears support, the claimant must retain benefits equal to 160 hours multiplied by the federal minimum wage before withholding is calculated from their monthly benefit. See ORS 25.414.
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$5 per order per month. For Additional Information - ORS 25.414(6).
For Additional Information - exit disclaimer
G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
The withholder must withhold beginning with the first pay period at least five days after the date of the withholding order. But if the employer has already calculated payroll and prepared the paycheck or submitted a deposit for that payroll, the employer must start withholding at the next pay period. ORS 25.411.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within seven business days after paying the obligor. ORS 25.411.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Seek sanctions from the court under ORS 25.424.
G7. What is the penalty to an employer for failure to remit payments withheld?
The court can order an employer to pay the total amount not withheld from pay and potentially recover court costs and additional damages of up to $250 for each occurrence of non-compliance; payable to the court. ORS 25.424.
For Additional Information - exit disclaimer
G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
Not attachable by direct withholding. Seek withholding of UI by sending UIFSA request for enforcement. For Additional Information, ORS 25.414 and ORS 657.780
For Additional Information - exit disclaimer
G8.2. What documents are required to intercept UI benefits?
N/A. See G8.1.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
No
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
Contact WC carrier to determine if they will accept a direct withholding. If no, seek withholding of WC by sending UIFSA request for enforcement.
G10. How does an obligor contest income withholding in your state?
An obligor may contest an order to withhold within 30 days from the date that income is first withheld pursuant to withholding order by requesting an administrative review by the issuing agency or appealing to the issuing circuit court. ORS 25.405 and ORS 110.601.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
Prorate current support, then apportion any remaining amount to arrears on all orders. If obligors income is not sufficient to cover all ordered amounts, first pay current support then apply equally to arrears. If obligors income is not sufficient to cover all current support, prorate to current. The employer can send payment with the employee name, social security number, and pay date to the State Disbursement Unit, and the State Disbursement Unit will allocate payment among the employees cases.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
ORS 25.414 is used to determine maximum withholding limit when the obligor's principal place of employment is in Oregon.
For Additional Information - exit disclaimer
G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Mandatory deductions include any amounts required to be withheld by law. ORS 25.010(5). In Oregon, these are state, federal and local taxes; Social Security and Medicare taxes; and statutory pension contributions.
G13. When does your state require the employer to send notice of an employee's termination?
When termination occurs, notification is required no later than the date that withholder would normally send the payment. ORS 25.421.
For Additional Information - exit disclaimer
G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
An employer should retain IWO for at least 60 days in case the employee is rehired during that time. Beyond that, employers should consult with an attorney or accountant about how long they should keep IWO as payroll records for terminated employees.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes. The Oregon Employer Services Portal offers a secure web-based ACH debit system.
For Additional Information - exit disclaimer
G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Employer: A direct income withholding may be sent to any public, private or other income payer to attach earnings. Financial Institution: Not prohibited by Oregon law; however, not all financial institutions will accept a direct levy request. Workers Compensation: Not prohibited by Oregon law; however, some insurers will not accept direct withholdings.
For Additional Information - No Link Provided
G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
Collections are allocated to child support and cash medical support on a prorated basis if withheld amounts do not fully meet the total current support. For Additional Information, OAR 137-055-6021(4)and(5).
For Additional Information - exit disclaimer
G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Oregon allocates based on each case on a pro rata share of their combined arrears. See OAR 137-055-6024(5)(b)(B)(ii).
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
OAR 137-055-6024
For Additional Information - exit disclaimer
G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
N/A
H2. 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.
For Additional Information - exit disclaimer
H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
ORS 109.070(4) 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 acknowledgement of paternity form is filed and no blood tests have not been completed,a party may ask the Oregon Child Support Program to order parentage tests. ORS 109.070(7), ORS 416.443. 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(7).
For Additional Information - exit disclaimer
H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
04/20/1999
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.

For Additional Information - No Link Provided
H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
The parentage of a child established by marriage to birth mother at the time of the child's birth or by marriage after the child's birth and the parents' submission of a voluntary acknowledgment of paternity 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.
For Additional Information - exit disclaimer
H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
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. A voluntary acknowledgment of paternity may be rescinded or challenged as described above under H3. The marital presumption may be rebutted as described above under H5.1.
For Additional Information - exit disclaimer
H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
N/A (see answer to question H6.1)
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
N/A
H9. Does your state have a putative fathers' registry?
No
H9.1. If yes, what is the name of that entity?
A putative father is required to file a filiation proceeding and file a notice of that action with the Vital Records - Center for Health Statistics office. Form 45-115
For Additional Information - No Link Provided
H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
There are no circumstances under which the fees are waived. Information about fees can be obtained by going to the Vital Records website. You can request a copy of a paternity affidavit (Voluntary Acknowledgment of Paternity) using the form available at: https://www.oregon.gov/oha/PH/BIRTHDEATHCERTIFICATES/GETVITALRECORDS/Documents/45-13PAT.pdf
For Additional Information - exit disclaimer
H11. Is common-law marriage recognized in your state?
Yes
H11.1. If yes, briefly describe the standard that defines common-law marriage.
A common-law marriage established in another state will be recognized in Oregon; Oregon law does not provide for common-law marriage.
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
N/A
For Additional Information - exit disclaimer
H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Oregon usually resolves paternity through the administrative process without the need for hearing. If paternity is contested in court, alternate means of appearance depend on the specific venue.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
ORS 110.518.
For Additional Information - exit disclaimer
H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
If another state's child support judgment includes an amount for parentage testing fees, we will collect that amount along with current support and arrears pursuant to ORS 110.503(28)(Oregon's UIFSA definitions):Support order means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney fees and other relief.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
For a person born in this state, the State Registrar of the Center for Health Statistics will amend a record of live birth upon receipt of a report of adoption as provided in ORS 432.223 or a certified copy of the judgment of adoption; a request that a replacement record of live birth be prepared to establish parentage, as prescribed by the state registrar by rule or ordered by a court of competent jurisdiction in this state that has determined the parentage of a person; a written and notarized request, signed by both parents, acknowledging paternity; or a certified copy of a judgment that indicates that an individual born in this state has completed sexual reassignment and that the sex on the record of live birth must be changed. ORS 432.245. Additionally, a certified copy of a court judgment establishing parentage in another jurisdiction can be submitted to the Center for Health Statistics with the required fee and form.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent 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.

I. Support Order Establishment

I1. 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.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
The administrative process is generally used by the Oregon Child Support Program to establish a support order.
I1.2. Under what circumstances would a judicial process would be used?
If the order is appealed or a party requests the case be heard by a judge in a paternity proceeding, we will proceed with judicial process.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
ORS 416.415; ORS 416.400-465 generally.
For Additional Information - exit disclaimer
I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
Oregon uses the Income Shares model, which bases the guideline support amount on the incomes of the obligor and obligee. Neither a child's income nor that of a new spouse is a factor in the guideline amount. If the guideline amount is unjust or unreasonable, the court or administrative agency may rebut the presumption in favor of the guideline amount and substitute a just and appropriate figure. For Additional Information - See OAR 137-050-0710 and OAR 137-050-0715
For Additional Information - exit disclaimer
I3. 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 Origin legislature or our IV-D Program can be found at ORS 25.280 and ORS 137-050-0760.
For Additional Information - exit disclaimer
I4. Will your state establish support orders for prior periods?
No
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
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 feel free to contact the Policy Team at (503) 947-4388 for details before referring your case.
I4.2. What information or documentation does your State require to proceed?
Past support must be requested in conjunction with ongoing support. 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.
For Additional Information - exit disclaimer
I4.3. Will your state allow a petition for support when the only issue is retroactive support?
No
I4.4. 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 only assigned past support must be for a time period of at least four months.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Paternity establishment, support establishment, modification, garnishments, income withholding, and license suspension.For Additional information, see ORS chapters 18, 25, and 416.
For Additional Information - exit disclaimer
I6. What is your state's statutory authority for the administrative process?
Primarily ORS chapter 416.
For Additional Information - exit disclaimer
I7. Is there a local state law that allows an interstate administrative subpoena?
Yes. ORS 25.082.
For Additional Information - exit disclaimer
I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No. Physical custody is sufficient. For Additional information see - ORS 416.422.
For Additional Information -