Bill Text: OR SB239 | 2013 | Regular Session | Enrolled
Bill Title: Relating to documentation provided to parties in domestic relations proceedings.
Spectrum: Committee Bill
Status: (Passed) 2013-05-24 - Effective date, January 1, 2014. [SB239 Detail]
Download: Oregon-2013-SB239-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 239
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Business, Transportation and Economic Development)
CHAPTER ................
AN ACT
Relating to documentation provided to parties in domestic
relations proceedings; amending ORS 107.089.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 107.089 is amended to read:
107.089. (1) If served with a copy of this section as provided
in ORS 107.088, each party in a suit for legal separation or for
dissolution shall provide to the other party copies of the
following documents in their possession or control:
(a) All federal and state income tax returns filed by either
party for the last three calendar years { - ; - } { + . + }
(b) If income tax returns for the last calendar year have not
been filed, all W-2 statements, year-end payroll statements,
interest and dividend statements and all other records of income
earned or received by either party during the last calendar year
{ - ; - } { + . + }
(c) All records showing any income earned or received by either
party for the current calendar year { - ; - } { + . + }
(d) All financial statements, statements of net worth and
credit card and loan applications prepared by or for either party
during the last two calendar years { - ; - } { + . + }
(e) All documents such as deeds, real estate contracts,
appraisals and most recent statements of assessed value relating
to real property in which either party has any interest
{ - ; - } { + . + }
(f) All documents showing debts of either party, including the
most recent statement of any loan, credit line or charge card
balance due { - ; - } { + . + }
(g) { + (A) + } Certificates of title or registrations of all
automobiles, motor vehicles, boats or other personal property
registered in either party's name or in which either party has
any interest { - ; - } { + .
(B) For all automobiles, motor vehicles and boats described in
subparagraph (A) of this paragraph, documentation evidencing the
vehicle identification number or other unique identifying
number. + }
(h) Documents showing stocks, bonds, secured notes, mutual
funds and other investments in which either party has any
interest { - ; - } { + . + }
Enrolled Senate Bill 239 (SB 239-INTRO) Page 1
(i) The most recent statement describing any retirement plan,
IRA pension plan, profit-sharing plan, stock option plan or
deferred compensation plan in which either party has any interest
{ - ; and - } { + . + }
(j) All financial institution or brokerage account records on
any account in which either party has had any interest or signing
privileges in the past year, whether or not the account is
currently open or closed.
(2)(a) Except as otherwise provided in paragraph (b) of this
subsection, the party shall provide the information listed in
subsection (1) of this section to the other party no later than
30 days after service of a copy of this section.
(b) If a support hearing is pending fewer than 30 days after
service of a copy of this section on either party, the party upon
whom a copy of this section is served shall provide the
information listed in subsection (1)(a) to (d) of this section no
later than three judicial days before the hearing.
(3)(a) If a party does not provide information as required by
subsections (1) and (2) of this section, the other party may
apply for a motion to compel as provided in ORCP 46.
(b) Notwithstanding ORCP 46 A(4), if the motion is granted and
the court finds that there was willful noncompliance with the
requirements of subsections (1) and (2) of this section, the
court shall require the party whose conduct necessitated the
motion or the party or attorney advising the action, or both, to
pay to the moving party the reasonable expenses incurred in
obtaining the order, including attorney fees.
(4) If a date for a support hearing has been set and the
information listed in subsection (1)(a) to (d) of this section
has not been provided as required by subsection (2) of this
section:
(a) By the obligor, the judge shall postpone the hearing, if
requested to do so by the obligee, and provide in any future
order for support that the support obligation is retroactive to
the date of the original hearing; or
(b) By the obligee, the judge shall postpone the hearing, if
requested to do so by the obligor, and provide that any support
ordered in a future hearing may be prospective only.
(5) The provisions of this section do not limit in any way the
discovery provisions of the Oregon Rules of Civil Procedure or
any other discovery provision of Oregon law.
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Enrolled Senate Bill 239 (SB 239-INTRO) Page 2
Passed by Senate February 26, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 6, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 239 (SB 239-INTRO) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 239 (SB 239-INTRO) Page 4
