Bill Text: OR SB45 | 2011 | Regular Session | Enrolled
Bill Title: Relating to child support program administration.
Spectrum: Unknown
Status: (Passed) 2011-06-22 - Effective date, January 1, 2012. [SB45 Detail]
Download: Oregon-2011-SB45-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 45
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 Attorney General John
Kroger for Department of Justice)
CHAPTER ................
AN ACT
Relating to child support program administration; creating new
provisions; and amending ORS 25.015, 25.084, 25.085, 25.167,
25.245, 25.321, 25.323, 25.333, 25.399, 25.405, 25.670, 25.759,
180.260, 416.415, 416.429 and 416.448.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 25.167 is amended to read:
25.167. This section establishes procedures for determining the
amount of arrearage and for making a record of arrearage of
support payments. All of the following apply to this section:
(1) A record of support payment arrearage may be established
by:
(a) Court order;
(b) A governing child support judgment issued under ORS 25.091
or 416.448;
(c) Administrative order issued under ORS 416.427 or 416.429;
(d) Stipulation of the parties; or
(e) The procedures under subsection (2) of this section
whenever an existing child or spousal support case enters the
Department of Justice records system without a current payment
record maintained by any court clerk.
(2) When allowed under subsection (1) of this section,
arrearage amounts may be established under this subsection. All
of the following apply to this subsection:
(a) The obligee or obligor may execute a certificate in a form
acceptable to the Department of Justice that states the total
amount owed or the payment history in as much detail as is
necessary to demonstrate the periods and amounts of any
arrearage.
(b) The person making the certificate shall file the original
certificate with the court in which the support judgment was
entered. When a governing child support judgment has been issued,
the person making the certificate shall file the original
certificate with the court that issued the governing child
support judgment.
(c) The person making the certificate shall serve a true copy
of the certificate upon the other party together with a notice
that the certificate will be the basis of a permanent record
unless the other party files objections.
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(d) For objections to be valid under paragraph (c) of this
subsection, the other party must file the objection with the
court within { - 14 - } { + 30 + } days from the date of
service of the certificate and must mail or serve true copies of
the objections on both the party who filed the certificate and
either:
(A) The district attorney; or
(B) If support rights are or have been assigned to the State of
Oregon at any time within the last five months or if arrears
under the support judgment are so assigned, the Division of Child
Support of the Department of Justice.
(e) If objections are filed within the time allowed, the party
filing the certificate must file a supplemental certificate that
is in a form acceptable to the department and that provides any
information concerning the payment history that the department
determines necessary.
(f) If objections are filed within the time allowed, the
district attorney or the Division of Child Support shall cause
the case to be set for a court hearing. At the hearing, the court
shall consider the correctness of the certificate but may not
consider objections to the merits of the support judgment. The
parties may settle the case by written agreement anytime before
the court hearing. Notice of the court hearing shall be served
upon the party filing the objections as authorized in ORCP 9 B.
(g) If no objections are filed under this subsection within the
time allowed, the amount of arrearage stated in the certificate
is the amount owed for purposes of any subsequent action. The
district attorney or the Division of Child Support shall file
with the court a certificate stating the arrearage established
under this paragraph.
(3) When an application for support enforcement services is
made under ORS 25.164, an agency or court may not take or allow
any ex parte enforcement action on amounts owed as arrearage from
before the time that the Department of Justice commences support
accounting and disbursement until the amount is established under
this section. This subsection does not prohibit or limit any
enforcement action on support payments that become due subsequent
to the department's commencement of support accounting and
disbursement under ORS 25.164.
(4) In any determination under this section, a canceled check,
payable to the obligee, indorsed by the obligee or deposited to
an account of the obligee, drawn on the account of the obligor
and marked as child support shall be prima facie evidence that
child support was paid to the obligee in the amount shown on the
face of the check. It is immaterial that the check was signed by
a person other than the obligor, provided that the person who
signed the check was an authorized signatory of checks drawn on
the account.
SECTION 2. ORS 25.245 is amended to read:
25.245. (1) Notwithstanding any other provision of Oregon law,
a parent who is eligible for and receiving cash payments under
ORS 412.001 to 412.069 { - and 418.647 - } , Title IV-A of the
Social Security Act, the general assistance program as provided
in ORS chapter 411 or a general assistance program of another
state or tribe, the Oregon Supplemental Income Program or the
federal Supplemental Security Income Program shall be rebuttably
presumed unable to pay child support and a child support
obligation does not accrue unless the presumption is rebutted.
(2) Each month, the Department of Human Services shall identify
those persons receiving cash payments under the programs listed
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in subsection (1) of this section that are administered by the
State of Oregon and provide that information to the
administrator. If benefits are received from programs listed in
subsection (1) of this section that are administered by other
states, tribes or federal agencies, the obligor shall provide the
administrator with written documentation of the benefits. The
Department of Human Services shall adopt rules to implement this
subsection.
(3) The administrator shall refer to the information provided
in subsection (2) of this section prior to establishing any child
support obligation. Within 30 days following identification of
persons under subsection (2) of this section, the entity
responsible for support enforcement services under ORS 25.080
shall provide notice of the presumption to the obligee and
obligor and shall inform all parties to the support order that,
unless a party objects as provided in subsection (4) of this
section, child support shall cease accruing beginning with the
support payment due on or after the date the obligor first begins
receiving the cash payments and continuing through the support
payment due in the last month in which the obligor received the
cash payments. The entity responsible for support enforcement
services shall serve the notice on the obligee in the manner
provided for the service of summons in a civil action { + , + }
{ - or - } by certified mail, return receipt requested, { + or
by any other mail service with delivery confirmation + } and
shall serve the notice on the obligor by first class mail to the
obligor's last-known address. The notice shall specify the month
in which cash payments are first made and shall contain a
statement that the administrator represents the state and that
low cost legal counsel may be available.
(4) A party may object to the presumption by sending an
objection to the entity responsible for support enforcement
services under ORS 25.080 within { - 20 - } { + 30 + } days
after the date of service of the notice. The objection must
describe the resources of the obligor or other evidence that
might rebut the presumption of inability to pay child support.
The entity receiving the objection shall cause the case to be set
for a hearing before a court or an administrative law judge. The
court or administrative law judge may consider only whether the
presumption has been rebutted.
(5) If no objection is made, or if the court or administrative
law judge finds that the presumption has not been rebutted, the
Department of Justice shall discontinue billing the obligor for
the period of time described in subsection (3) of this section
and no arrearage shall accrue for the period during which the
obligor is not billed. In addition, the entity providing support
enforcement services shall file with the circuit court in which
the support order or judgment has been entered a copy of the
notice described in subsection (3) of this section or, if an
objection is made and the presumption is not rebutted, a copy of
the administrative law judge's order.
(6)(a) Within 30 days after the date the obligor ceases
receiving cash payments under a program listed in subsection (1)
of this section, the Department of Justice shall provide notice
to all parties to the support order:
(A) Specifying the last month in which a cash payment was made;
(B) Stating that the payment of those benefits has terminated
and that by operation of law billing and accrual of support
resumes; and
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(C) Informing the parties of their rights to request a review
and modification of the support order based on a substantial
change in circumstance or pursuant to ORS 25.287 or any other
provision of law.
(b) The notice shall include a statement that the administrator
represents the state and that low cost legal counsel may be
available.
(c) The entity providing enforcement services shall file a copy
of the notice required by paragraph (a) of this subsection with
the circuit court in which the support order or judgment has been
entered.
(7) Receipt by a child support obligor of cash payments under
any of the programs listed in subsection (1) of this section
shall be sufficient cause for a court or administrative law judge
to allow a credit and satisfaction against child support
arrearage for months that the obligor received the cash payments.
(8) The notice and finding of financial responsibility required
by ORS 416.415 shall include notice of the presumption,
nonaccrual and arrearage credit rights provided for in this
section.
(9) The presumption, nonaccrual and arrearage credit rights
created by this section shall apply whether or not child support
enforcement services are being provided under Title IV-D of the
Social Security Act.
(10) Application of the presumption, nonaccrual and arrearage
credit rights created by this section does not constitute a
modification but does not limit the right of any party to seek a
modification of a support order based upon a change of
circumstances or pursuant to ORS 25.287 or any other provision of
law. In determining whether a change in circumstances has
occurred or whether three years have elapsed, or such shorter
cycle as determined by rule of the Department of Justice, since
entry of a support order, the court or administrative law judge
may not consider any action taken under this section as entry of
a support order. The presumption stated in subsection (1) of this
section applies in any modification proceeding.
SECTION 3. ORS 416.415 is amended to read:
416.415. (1)(a) At any time after the state is assigned support
rights, a public assistance payment is made, an application for
enforcement services under ORS 25.080 is made by an individual
who is not a recipient of public assistance or a written request
for enforcement of a support obligation is received from the
state agency of another state responsible for administering the
federal child support enforcement program, the administrator may,
if there is no court order or administrative support order, issue
a notice and finding of financial responsibility. The notice
shall be served upon the parent in the manner prescribed for
service of summons in a civil action, { - or - } by certified
mail, return receipt requested { + , or by any other mail service
with delivery confirmation + }. Notices that involve the
establishment of paternity must be served by personal service.
All notices may be personally served by the administrator
{ - on the premises of the offices of the administrator - } .
(b) The administrator shall serve the notice and finding issued
under this section upon the obligee. Service shall be by regular
mail.
(2) The administrator shall include in the notice:
(a) A statement of the name of the caretaker relative or agency
and the name of the dependent child for whom support is to be
paid;
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(b) A statement of the monthly support for which the parent
shall be responsible;
(c) A statement of the past support for which the parent shall
be responsible;
(d) A statement that the parent may be required to provide
health care coverage for the dependent child whenever the
coverage is available to the parent at a reasonable cost;
(e) To the extent known, a statement of:
(A) Whether there is pending in this state or any other
jurisdiction any type of support proceeding involving the
dependent child, including a proceeding brought under ORS 25.287,
107.085, 107.135, 107.431, 108.110, 109.100, 109.103, 109.165,
125.025, 416.425, 419B.400 or 419C.590 or ORS chapter 110; and
(B) Whether there exists in this state or any other
jurisdiction a support order, as defined in ORS 110.303,
involving the dependent child;
(f) A statement that if the parent or the obligee desires to
discuss the amount of support or health care coverage that the
parent is required to pay or provide, the parent or the obligee
may contact the office that sent the notice and request a
negotiation conference. If no agreement is reached on the monthly
support to be paid, the administrator may issue a new notice and
finding of financial responsibility, which may be sent to the
parent and to the obligee by regular mail addressed to the
parent's and to the obligee's last-known address, or if
applicable, the parent's or the obligee's attorney's last-known
address;
(g) A statement that if the parent or the obligee objects to
all or any part of the notice and finding of financial
responsibility, then the parent or the obligee must send to the
office issuing the notice, within { - 20 - } { + 30 + } days
of the date of service, a written response that sets forth any
objections and requests a hearing { - . In those cases where the
administrator is seeking to establish paternity, then the alleged
parent and the obligee will have 30 days to respond instead of 20
days - } ;
(h) A statement that if such a timely response is received by
the appropriate office, either the parent or the obligee or both
shall have the right to a hearing; and that if no timely written
response is received, the administrator may enter an order in
accordance with the notice and finding of financial
responsibility;
(i) A statement that as soon as the order is entered, the
property of the parent is subject to collection action, including
but not limited to wage withholding, garnishment and liens and
execution thereon;
(j) A reference to ORS 416.400 to 416.465;
(k) A statement that both the parent and the obligee are
responsible for notifying the office of any change of address or
employment;
(L) A statement that if the parent has any questions, the
parent should telephone or visit the appropriate office or
consult an attorney; and
(m) Such other information as the administrator finds
appropriate.
(3) If the paternity of the dependent child has not been
legally established, the notice and finding of financial
responsibility shall also include:
(a) An allegation that the person is the parent of the
dependent child;
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(b) The name of the child's other parent;
(c) The child's date of birth;
(d) The probable time or period of time during which conception
took place; and
(e) A statement that if the alleged parent or the obligee does
not timely send to the office issuing the notice a written
response that denies paternity and requests a hearing, then the
administrator, without further notice to the alleged parent, or
to the obligee, may enter an order that declares and establishes
the alleged parent as the legal parent of the child.
(4) The statement of monthly future support required under
subsection (2)(b) and the statement of past support required
under subsection (2)(c) of this section are to be computed as
follows:
(a) If there is sufficient information available concerning the
parent's financial and living situation, the formula provided for
in ORS 25.275 and 25.280 shall be used; or
(b) If there is insufficient information available to use the
formula, an allegation of ability to pay shall be the basis of
the statement.
(5) The parent or alleged parent and the obligee shall have
time to request a hearing as outlined in subsection (2)(g) of
this section. The time limits may be extended by the
administrator and are nonjurisdictional.
(6) If a timely written response setting forth objections and
requesting a hearing is received by the appropriate office, a
hearing shall be held under ORS 416.427.
(7) If no timely written response and request for hearing is
received by the appropriate office, the administrator may enter
an order in accordance with the notice, and shall include in that
order:
(a) If the paternity of the dependent child is established by
the order, a declaration of that fact;
(b) The amount of monthly support to be paid, with directions
on the manner of payment;
(c) The amount of past support to be ordered against the
parent;
(d) Whether health care coverage is to be provided for the
dependent child;
(e) The name of the caretaker relative or agency and the name
and birthdate of the dependent child for whom support is to be
paid; and
(f) A statement that the property of the parent is subject to
collection action, including but not limited to wage withholding,
garnishment and liens and execution thereon.
(8) The parent and the obligee shall be sent a copy of the
order by regular mail addressed to the last-known address of each
of the parties or if applicable, to the last-known address of an
attorney of record for a party. The order is final, and action by
the administrator to enforce and collect upon the order,
including arrearages, may be taken from the date of issuance of
the order.
(9) The provisions of ORS 107.108 apply to an order entered
under this section for the support of a child attending school.
SECTION 4. ORS 416.429 is amended to read:
416.429. (1) The administrator may issue a notice of intent to
establish and enforce arrearages for any support order that is
registered, filed or entered in this state. The notice must be
served upon the obligor in the manner prescribed for service of
summons in a civil action { + , + } { - or - } mailed to the
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obligor at the obligor's last-known address by certified mail,
return receipt requested { + , or by any other mail service with
delivery confirmation + }. The administrator shall mail the
notice to the obligee by regular mail.
(2) The notice shall include:
(a) A statement of the name of the caretaker relative or agency
and the name of the dependent child for whom support is to be
paid;
(b) A statement of the monthly support the obligor is required
to pay under the support order;
(c) A statement of the arrearages claimed to be owed under the
support order;
(d) A demand that the obligor make full payment to the
Department of Justice or the clerk of the court, whichever is
appropriate, within { - 14 - } { + 30 + } days of the receipt
or service of the notice;
(e) A statement that if full payment or an objection is not
received within { - 14 - } { + 30 + } days, the administrator
will enter an order directing that the amount of the arrearages
stated in the notice be entered in the child support accounting
record maintained by the Department of Justice;
(f) A statement that if the obligor or the obligee objects to
the enforcement of the arrearages, then the objecting party must
send to the office issuing the notice, within { - 14 - } { +
30 + } days of the date of service, a written response that sets
forth any objections and requests a hearing;
(g) A statement that the only basis upon which an obligor or an
obligee may object to the enforcement of the arrearages is that
the amount of the arrearages specified in the notice is
incorrect;
(h) A reference to ORS 416.400 to 416.465;
(i) A statement that the obligor and the obligee are
responsible for notifying the office of any change of address or
employment;
(j) A statement that if the obligor or the obligee has any
questions, the obligor or obligee should telephone or visit the
appropriate office or consult an attorney; and
(k) Such other information as the administrator finds
appropriate.
(3) If a timely written response setting forth objections and
requesting a hearing is received by the appropriate office, a
hearing shall be held under ORS 416.427.
(4) If no timely written response and request for hearing is
received by the appropriate office, the administrator shall enter
an order directing that the amount of the arrearages stated in
the notice be entered in the child support accounting record
maintained by the Department of Justice.
(5) Action to administratively enforce and collect upon the
arrearages established under this section may be taken
{ - 14 - } { + 30 + } days after service of or receipt or
refusal of the notice by the obligor or obligee.
(6) Nothing in this section shall prevent the administrator
from using other available enforcement remedies at any time.
SECTION 5. ORS 25.084 is amended to read:
25.084. (1) The administrator may provide support enforcement
services as described in ORS 25.080 only if support rights have
been assigned to the state or if a person has provided a written
application to the administrator that:
(a) Is signed by the person;
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(b) Includes the last-known addresses of the obligor and the
obligee; and
(c) Indicates that the person is applying for child support
services.
(2) Any support judgment that provides for payment to the
Department of Justice under ORS 25.020 { - must - } { +
may + } have an application incorporated in the judgment.
SECTION 6. ORS 25.323 is amended to read:
25.323. (1) Every child support order must include a medical
support clause.
(2) Whenever a child support order that does not include a
medical support clause is modified the modification must include
a medical support clause.
(3) A medical support clause may require that medical support
be provided in more than one form, and may make the requirement
that medical support be provided in a particular form contingent
on the availability of another form of medical support.
(4) A medical support clause must require that one or both
parents provide private health care coverage for a child that is
appropriate and available at the time the order is entered. If
private health care coverage for a child is not appropriate and
available at the time the order is entered, the order must:
(a) Require that one or both parents provide private health
care coverage for the child at any time thereafter when such
coverage becomes available; and
(b) Either require the payment of cash medical support, or
include findings on why cash medical support has not been
required.
(5) For the purposes of subsection (4) of this section, private
health care coverage is appropriate and available for a child if
the coverage:
(a) Is accessible, as described in subsection (6) of this
section;
(b) Is reasonable in cost and does not require the payment of
unreasonable deductibles or copayments; and
(c) Provides coverage, at a minimum, for medical expenses,
hospital expenses, preventive care, emergency care, acute care
and chronic care.
(6) Private health care coverage is accessible for the purposes
of subsection (5)(a) of this section if:
(a) The coverage will be available for at least one year, based
on the work history of the parent providing the coverage; and
(b) The coverage either does not have service area limitations
or the child lives within 30 miles or 30 minutes of a primary
care provider who is eligible for payment under the coverage.
(7) A medical support clause may not order a providing party to
pay cash medical support or { + to pay to + } provide health
care coverage if the providing party's income is equal to or less
than the Oregon minimum wage for full-time employment.
(8) Cash medical support and the cost of other medical support
ordered under a medical support clause constitute a child support
obligation and must be included in the child support calculation
made under ORS 25.275.
SECTION 7. ORS 180.260 is amended to read:
180.260. (1) Notwithstanding ORCP 7 E or any other law,
employees and officers of the Department of Justice other than
attorneys may serve summons, process and other notice, including
{ - notices and findings of financial responsibility under ORS
416.415 - } { + all child support actions initiated by the
Division of Child Support or to which the division is a
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party + }, in litigation and other proceedings in which the state
is interested. { - No - } { + An + } employee or officer
{ - shall - } { + may not + } serve process or other notice in
any case or proceeding in which the employee or officer has a
personal interest or in which it reasonably may be anticipated
that the employee or officer will be a material witness.
(2) { + Except as provided in subsection (3) of this
section, + } the authority granted by subsection (1) of this
section may be exercised only in, and within reasonable proximity
of, the regular business offices of the Department of Justice, or
in situations in which the immediate service of process is
necessary to protect the legal interests of the state.
{ + (3) The restriction in subsection (2) of this section
does not apply to investigators employed by or contracting with
the Division of Child Support. + }
SECTION 8. ORS 25.085 is amended to read:
25.085. (1) In any proceeding under ORS 25.080, service of
legal documents upon an obligee may be by regular mail to the
address at which the obligee receives public assistance, to an
address provided by the obligee on the obligee's application for
child support enforcement services or to any other address given
by the obligee. When service is authorized by regular mail under
this section, proof of service may be by notation upon the
computerized case record made by the person making the mailing.
The notation { - shall - } { + must + } set forth the address
to which the documents were mailed, the date they were mailed,
the description of the documents mailed and the name of the
person making the notation. If the documents are returned by the
postal service as undeliverable as addressed, that fact
{ - shall - } { + must + } be noted on the computerized case
record. If no new address for service by regular mail can be
obtained, service { - shall - } { + must + } be by certified
mail, return receipt requested { + , + } { - or - } by
personal service upon the obligee { + , or by any other mail
service with delivery confirmation + }.
(2) Notwithstanding any other provision of this chapter or ORS
chapter 110 or 416, when a case is referred to this state by a
public child support agency of another state for action in this
state, there is no requirement that an obligee, present in the
initiating state and receiving child support enforcement services
from that state, be served in any action taken in this state as a
consequence of the interstate referral. In such cases the
requirement to serve the obligee that would otherwise apply is
satisfied by sending to the initiating agency in the other state,
by regular mail, any documents that would otherwise be served
upon the obligee.
(3) The appropriate child support agency of the state shall
make any mailings to or service upon the obligee that is required
by this section.
SECTION 9. ORS 25.333 is amended to read:
25.333. (1) When the enforcing agency issues a medical support
notice under ORS 25.325, the enforcing agency shall notify the
parties by regular mail to the last known addresses of the
parties:
(a) That the notice has been sent to the providing party's
employer; and
(b) Of the providing party's rights and duties under the
notice.
(2) A providing party may contest a medical support notice
within { - 14 - } { + 30 + } days after the date the premium
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is first withheld pursuant to the notice or, if the health
benefit plan is provided at no cost to the providing party, the
date the first premium is paid by the employer.
(3) The only basis for contesting a medical support notice is a
mistake of fact. A 'mistake of fact' means any of the following:
(a) No order to provide health care coverage under a health
benefit plan has been issued in regard to the providing party's
child;
(b) The amount to be withheld for premiums is greater than is
permissible under ORS 25.331;
(c) The alleged providing party is not the party from whom
health care coverage is required; or
(d) The providing party's income is equal to or less than
Oregon minimum wage for full-time employment.
(4) The providing party may contest the medical support notice
by requesting an administrative review. After receiving a request
for review and within 45 days after the date the premium is first
withheld pursuant to the medical support notice, the enforcing
agency shall determine, based on an evaluation of the facts,
whether the withholding for premiums may continue. The enforcing
agency shall inform the parties of the determination in writing
and include information regarding the right to appeal the
determination.
(5) Any appeal of the enforcing agency's determination under
subsection (4) of this section is to the circuit court for a
hearing under ORS 183.484.
(6) The initiation of proceedings to contest a medical support
notice or an appeal of the enforcing agency's determination under
this section does not stay the withholding of premiums.
SECTION 10. ORS 25.399 is amended to read:
25.399. (1) When an order to withhold is issued under ORS
25.378, the party or entity initiating the action shall send
notice of the order to withhold to the obligor and the obligee by
regular mail to the last-known addresses of the obligor and
obligee. The notice { - shall - } { + must + } state:
(a) That withholding has commenced;
(b) The amount to be withheld and the amount of arrears, if
any;
(c) That the order to withhold applies to any current or
subsequent withholder or period of employment;
(d) The procedures available for contesting the withholding and
that the only basis for contesting the withholding is a mistake
of fact, which means an error in the amount of current support or
arrearages, or an error in the identity of the obligor;
(e) The availability of and requirements for exceptions to
withholding;
(f) That the obligor has { - 14 - } { + 30 + } days from
the date that the income is first withheld pursuant to the order
to withhold to contest the withholding; and
(g) The actions that will be taken if the obligor contests the
withholding.
(2) The notice requirement of subsection (1) of this section
may be met by mailing a copy of the order to withhold, by regular
mail, to the obligor and to the obligee.
SECTION 11. ORS 25.405 is amended to read:
25.405. (1) An obligor contesting an order to withhold issued
under ORS 25.378 must do so within { - 14 - } { + 30 + } days
from the date income is first withheld pursuant to the order to
withhold. The obligor may not contest an order to withhold issued
under ORS 25.378 (5).
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(2) The only basis for contesting the order to withhold is a
mistake of fact. 'Mistake of fact' means an error in the amount
of current support or arrearages, or an error in the identity of
the obligor. Payment of all arrearages shall not be the sole
basis for not implementing withholding.
(3) If the order to withhold was issued by a court of this
state, the obligor must contest the order to withhold in the
court that issued the order.
(4) If the order to withhold was issued by a court or
administrative agency of another state and was received directly
by an employer in this state under ORS 110.394, the obligor may
contest the order to withhold by:
(a) Seeking relief from enforcement of the order in the
appropriate tribunal of the state that issued the order;
(b) Contesting the validity and enforcement of the order under
ORS 110.401; or
(c) Registering the underlying withholding order in Oregon in
the manner provided by ORS 110.405 and seeking relief from
enforcement of the order as provided in ORS 110.417 and 110.420.
(5) If the order to withhold was issued pursuant to a request
for enforcement under ORS 25.080, the obligor may contest the
order to withhold to the district attorney or the Division of
Child Support. The district attorney or the Division of Child
Support need not provide an opportunity for a contested case
administrative hearing under ORS chapter 183 or a hearing in
circuit court. Within 45 days after the date income is first
withheld pursuant to the order to withhold, the district attorney
or the Division of Child Support shall determine, based on an
evaluation of the facts, if the withholding shall continue and
notify the obligor of the determination and of the obligor's
right to appeal the determination.
(6) Any appeal of the decision of the district attorney or the
Division of Child Support made under subsection (5) of this
section is to the circuit court for a hearing under ORS 183.484.
(7) The initiation of proceedings to contest an order to
withhold under subsection (4) of this section, a motion or
request to contest an order to withhold or an appeal of the
decision of the district attorney or the Division of Child
Support made under subsection (5) of this section does not act to
stay withholding unless otherwise ordered by a court.
SECTION 12. ORS 25.670 is amended to read:
25.670. (1) Whenever there is a judgment for unpaid child or
spousal support, a lien arises by operation of law on any
personal property owned by the obligor, and the lien continues
until the liability for the unpaid support is satisfied or the
judgment or renewal thereof has expired. For purposes of this
section and ORS 25.680 and 25.690, liability for the unpaid
support includes the amount of unpaid support, with interest, and
any costs that may be associated with lawful execution on the
lien including, but not limited to, attorney fees, costs of
notice and sale, storage and handling.
(2)(a) A lien arising under subsection (1) of this section may
be recorded by filing a written notice of claim of lien with the
county clerk of the county in which the obligor resides or the
property is located. The notice of claim of lien required under
this subsection shall be a written statement and must include:
(A) A statement of the total amount due, as of the date of the
filing of the notice of claim of lien;
(B) The name and address of the obligor and obligee;
Enrolled Senate Bill 45 (SB 45-A) Page 11
(C) The name and address of the office of the district
attorney, Division of Child Support or other person or entity
filing the notice;
(D) A statement identifying the county where the underlying
support order was entered and its case number;
(E) A description of the personal property to be charged with
the lien sufficient for identification; and
(F) A statement of the date the lien expires under the laws of
the issuing state. If no expiration date is provided, the lien
expires in Oregon five years from the date of recording.
(b) The county clerk shall record the notice of claim of lien
filed under paragraph (a) of this subsection in the County Clerk
Lien Record.
(3)(a) When a notice of claim of lien is recorded pursuant to
subsection (2) of this section, the person or entity filing the
notice of claim of lien shall send forthwith a copy of the notice
to the owner of the personal property to be charged with the lien
by registered or certified mail { + , or by any other mail
service with delivery confirmation, + } sent to the owner's
last-known address.
(b) A copy of the notice { - shall - } { + must + } also be
sent to the obligee by regular mail.
(4) Liens described in subsection (1) of this section that
arise by operation of law in another state { - shall - } { +
must + } be accorded full faith and credit if the state agency,
party or other entity seeking to enforce the lien follows the
applicable procedures for recording and service of notice of
claim of lien set forth in this section. A state agency, party or
other entity may not file an action to enforce a lien described
in this section until the underlying judgment has been filed in
Oregon as provided in ORS chapter 110.
SECTION 13. ORS 25.321 is amended to read:
25.321. As used in ORS 25.321 to 25.343:
(1) 'Cash medical support' means an amount that a parent is
ordered to pay to defray the cost of health care coverage
provided for a child by the other parent { + or a public
body + }, or to defray uninsured medical expenses of the child.
(2) 'Child support order' means a judgment or administrative
order that creates child support rights and that is entered or
issued under ORS 416.400 to 416.465, 419B.400 or 419C.590 or this
chapter or ORS chapter 107, 108, 109 or 110.
(3) 'Employee health benefit plan' means a health benefit plan
that is available to a providing party by reason of the providing
party's employment.
(4) 'Enforcing agency' means the administrator.
(5) 'Health benefit plan' means any policy or contract of
insurance, indemnity, subscription or membership issued by an
insurer, including health care coverage provided by a public
body, and any self-insured employee benefit plan that provides
coverage for medical expenses.
(6) 'Health care coverage' means providing and paying for the
medical needs of a child through a policy or contract of
insurance, indemnity, subscription or membership issued by an
insurer, including medical assistance provided by a public body,
and any self-insured employee benefit plan that provides coverage
for medical expenses.
(7) 'Medical support' means cash medical support and health
care coverage.
Enrolled Senate Bill 45 (SB 45-A) Page 12
(8) 'Medical support clause' means a provision in a child
support order that requires one or both of the parents to provide
medical support for the child.
(9) 'Medical support notice' means a notice in the form
prescribed under ORS 25.325 (5).
(10) 'Plan administrator' means:
(a) The employer, union or other provider that offers a health
benefit plan; or
(b) The person to whom, under a written agreement of the
parties, the duty of plan administrator is delegated by the
employer, union or other provider that offers a health benefit
plan.
(11) 'Private health care coverage' means all health care
coverage other than medical assistance provided by a public body.
(12) 'Providing party' means a party to a child support order
who has been ordered by the court or the enforcing agency to
provide medical support.
(13) 'Public body' has the meaning given that term in ORS
174.109.
SECTION 14. ORS 25.759 is amended to read:
25.759. Upon identification of a person subject to suspension
under ORS 25.750 to 25.783, the administrator may issue a notice,
sent by regular mail to both the address of record as shown in
the records of the issuing entity and the address of record as
shown on the administrator's child support file. Such notice
shall contain the following information:
(1) That certain licenses, certificates, permits and
registrations, which shall be specified in the notice, are
subject to suspension as provided for by ORS 25.750 to 25.783.
(2) The name, { + final four digits of the + } Social Security
number, if available, date of birth, if known, and child support
case number or numbers of the person subject to the action.
(3) The amount of arrears and the amount of the monthly child
support obligation, if any, or, if suspension is based on ORS
25.750 (1)(b), a description of the subpoena or other procedural
order with which the person subject to the action has failed to
comply.
(4) The procedures available for contesting the suspension of a
license, certificate, permit or registration.
(5) That the only bases for contesting the suspension are:
(a) That the arrears are not greater than three months of
support or $2,500;
(b) That there is a mistake in the identity of the obligor;
(c) That the person subject to the suspension has complied with
the subpoena or other procedural order identified in subsection
(3) of this section; or
(d) That the person subject to the suspension is in compliance
with a previous agreement as provided for by ORS 25.750 to
25.783.
(6) That the obligor may enter into an agreement, prescribed by
rule by the Department of Justice, compliance with which shall
preclude the suspension under ORS 25.750 to 25.783.
(7) That the obligor has 30 days from the date of the notice to
contact the administrator in order to:
(a) Contest the action in writing on a form prescribed by the
administrator;
(b) Comply with the subpoena or procedural order identified in
subsection (3) of this section; or
(c) Enter into an agreement authorized by ORS 25.750 and
25.762. The notice shall state that any agreement must be in
Enrolled Senate Bill 45 (SB 45-A) Page 13
writing and must be entered into within 30 days of making contact
with the administrator.
(8) That failure to contact the administrator within 30 days of
the date of the notice shall result in notification to the
issuing entity to suspend the license, certificate, permit or
registration.
SECTION 15. ORS 25.015 is amended to read:
25.015. (1) The Department of Justice shall notify the parties
to a support order that payment is to commence on the first due
date following the date of the notice when:
(a) The department receives a copy of a support order of a
court that requires payments to be made through the department or
for which there is an application for support enforcement
services;
(b) The department commences accounting services; and
(c) The order has been entered within the previous 180 days.
(2) The department shall include in the notice under subsection
(1) of this section a statement that { - no later than 60 days
after the date of the notice - } the department { - shall - }
{ + will + } adjust the account to reflect an accrued arrearage
for the period of time between the effective date of the order
and the date of the notice unless { + , within 30 days after the
date of the notice, + } a party requests that the department
establish the arrearage on the account as provided in ORS 25.167
or 416.429.
(3) If, within { - 60 - } { + 30 + } days after the date of
the notice under subsection (1) of this section, a party requests
the department to establish the arrearage as provided in ORS
25.167 or 416.429, the department may not reflect an accrued
arrearage on the account until the arrearage has been
established.
(4) If a party does not request the department to establish the
arrearage as provided in subsection (3) of this section, the
department shall adjust the account to reflect the arrearage for
the period of time between the effective date of the order and
the date of the notice.
SECTION 16. ORS 416.448 is amended to read:
416.448. (1) As used in this section:
(a) 'Child support judgment' has the meaning given that term in
ORS 25.089.
(b) 'Governing child support judgment' has the meaning given
that term in ORS 25.091.
(2) Notwithstanding any other provision of this section or ORS
25.089, when two or more child support judgments exist involving
the same obligor and child, and when one or more of the judgments
was issued by a tribunal of another state, the administrator
shall apply the provisions of ORS chapter 110 before enforcing or
modifying a child support judgment under this section or ORS
25.089.
(3) When the administrator finds that two or more child support
judgments exist involving the same obligor and child and the same
period, and each child support judgment was issued in this state:
(a) The administrator may petition the court for the county
where a child who is subject to the judgments resides for a
governing child support judgment under ORS 25.091; or
(b) The administrator may apply the presumption described in
ORS 25.091, determine the controlling terms of the child support
judgments and issue a proposed governing child support order and
notice to the parties in the manner prescribed by rules adopted
by the Department of Justice under ORS 416.455. The proposed
Enrolled Senate Bill 45 (SB 45-A) Page 14
governing child support order must include all of the information
described in ORS 25.091 (8). The administrator shall serve the
proposed governing child support order and notice in the manner
provided in ORS 416.425. The notice must include a statement that
the proposed governing child support order shall become final
unless a written objection is made to the administrator within
{ - 60 - } { + 30 + } days after service of the proposed
governing child support order and notice.
(4) If the administrator receives a timely written objection to
a proposed governing child support order issued under subsection
(3)(b) of this section, the administrator shall certify the
matter to the court for the county where a child who is subject
to the judgments resides for a governing child support judgment
under ORS 25.091.
(5) If the administrator does not receive a timely written
objection to a proposed governing child support order issued
under subsection (3)(b) of this section, the governing child
support order is final. The administrator shall certify the
governing child support order to a court for review and approval
under ORS 416.425 (10). The governing child support order is not
effective until reviewed and approved by the court. If the court
approves the governing child support order, the governing child
support order becomes the governing child support judgment upon
filing as provided in ORS 416.440.
(6) When a governing child support judgment is entered as
described in ORS 416.440, the noncontrolling terms of each
earlier child support judgment are terminated. However, subject
to subsection (7) of this section, the entry of a governing child
support judgment does not affect any support payment arrearage or
any liability related to medical support, as defined in ORS
25.321, that has accrued under a child support judgment before
the governing child support judgment is entered.
(7) For purposes of reconciling any child support arrears or
credits under all of the child support judgments, amounts
collected and credited for a particular period under one child
support judgment must be credited against the amounts accruing or
accrued for the same period under any other child support
judgment.
(8) Not sooner than 30 days and not later than 60 days after
entry of the governing child support judgment, the administrator
shall file a certified copy of the governing child support
judgment with each court that issued an earlier child support
judgment. A failure to file does not affect the validity or
enforceability of the governing child support judgment.
(9) When an administrative law judge finds that two or more
child support judgments exist involving the same obligor and
child and the same period, and each child support judgment was
issued in this state, the administrative law judge shall remand
the matter to the administrator to follow the provisions of
subsection (3) of this section.
SECTION 17. { + The amendments to ORS 25.015, 25.084, 25.085,
25.167, 25.245, 25.321, 25.323, 25.333, 25.399, 25.405, 25.670,
25.759, 180.260, 416.415, 416.429 and 416.448 by sections 1 to 16
of this 2011 Act apply to support enforcement proceedings pending
before, on or after the effective date of this 2011 Act. + }
----------
Enrolled Senate Bill 45 (SB 45-A) Page 15
Passed by Senate March 8, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 31, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 45 (SB 45-A) Page 16
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 45 (SB 45-A) Page 17
