Bill Text: OR SB589 | 2013 | Regular Session | Enrolled

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Bill Title: Relating to court approval of administrative child support orders.

Spectrum: Committee Bill

Status: (Passed) 2013-05-24 - Effective date, January 1, 2014. [SB589 Detail]

Download: Oregon-2013-SB589-Enrolled.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 589

Sponsored by COMMITTEE ON JUDICIARY (at the request of Attorney
  General Ellen F. Rosenblum)

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

                             AN ACT

Relating to court approval of administrative child support
  orders; amending ORS 18.031, 416.425, 416.440 and 416.448.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 416.425 is amended to read:
  416.425. (1) Any time support enforcement services are being
provided under ORS 25.080, the obligor, the obligee, the party
holding the support rights or the administrator may move for the
existing order to be modified under this section. The motion
shall be in writing in a form prescribed by the administrator,
shall set out the reasons for modification and shall state the
telephone number and address of the party requesting
modification.
  (2) The moving party shall state in the motion, to the extent
known:
  (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, 416.415, 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, other than the order the party is
moving to modify.
  (3) The moving party shall include with the motion a
certificate regarding any pending support proceeding and any
existing support order other than the order the party is moving
to modify. The party shall use a certificate that is in a form
prescribed by the administrator and include information required
by the administrator and subsection (2) of this section.
  (4) The moving party shall serve the motion upon the obligor,
the obligee, the party holding the support rights and the
administrator, as appropriate. The nonrequesting parties must be
served in the same manner as provided for service of the notice
and finding of financial responsibility under ORS 416.415 (1)(a).
Notwithstanding ORS 25.085, the requesting party must be served
by first class mail to the requesting party's last known address.
The nonrequesting parties have 30 days to resolve the matter by
stipulated agreement or to serve the moving party by regular mail
with a written response setting forth any objections to the
motion and a request for hearing. The hearing shall be conducted
under ORS 416.427.

Enrolled Senate Bill 589 (SB 589-INTRO)                    Page 1

  (5) When the moving party is other than the administrator and
no objections and request for hearing have been served within 30
days, the moving party may submit a true copy of the motion to
the administrative law judge as provided in ORS 416.427, except
the default may not be construed to be a contested case as
defined in ORS chapter 183. Upon proof of service, the
administrative law judge shall issue an order granting the relief
sought.
  (6) When the moving party is the administrator and no
objections and request for hearing have been served within 30
days, the administrator may enter an order granting the relief
sought.
  (7) A motion for modification made under this section does not
stay the administrator from enforcing and collecting upon the
existing order unless so ordered by the court in which the order
is entered.
  (8) An administrative order filed in accordance with ORS
416.440 is a final judgment as to any installment or payment of
money that has accrued up to the time the nonrequesting party is
served with a motion to set aside, alter or modify the judgment.
The administrator may not set aside, alter or modify any portion
of the judgment that provides for any payment of money for minor
children that has accrued before the motion is served. However:
  (a) The administrator may allow a credit against child support
arrearages for periods of time, excluding reasonable parenting
time unless otherwise provided by order or judgment, during which
the obligor, with the knowledge and consent of the obligee or
pursuant to court order, has physical custody of the child; and
  (b) The administrator may allow a credit against child support
arrearages for any Social Security or veterans' benefits paid
retroactively to the child, or to a representative payee
administering the funds for the child's use and benefit, as a
result of a parent's disability or retirement.
  (9) The party requesting modification has the burden of showing
a substantial change of circumstances or that a modification is
appropriate under the provisions of ORS 25.287.
    { - (10) An administrative order modifying a court order is
not effective until the administrative order is reviewed and
approved by the court that entered the court order. The court
shall make a written finding on the record that the
administrative order complies with the formula established by ORS
chapter 25. The court may approve the administrative order at any
time after the order is issued. If upon review the court finds
that the administrative order should not be approved, the court
shall set the matter for hearing de novo. - }
    { - (11) - }  { +  (10) + } The obligee is a party to all
proceedings under this section.
    { - (12) - }  { +  (11) + } An order entered under this
section that modifies a support order because of the
incarceration of the obligor is effective only during the period
of the obligor's incarceration and for 60 days after the
obligor's release from incarceration.  The previous support order
is reinstated by operation of law on the 61st day after the
obligor's release from incarceration. An order that modifies a
support order because of the obligor's incarceration must contain
a notice that the previous order will be reinstated on the 61st
day after the obligor's release from incarceration.
    { - (13)(a) - }  { +  (12)(a) + } Notwithstanding subsections
(1) to   { - (12) - }  { +  (11) + } of this section, any time
support enforcement services are being provided under ORS 25.080,

Enrolled Senate Bill 589 (SB 589-INTRO)                    Page 2

upon request of a party to a support order or judgment or on the
administrator's own motion, the administrator may move to suspend
the order or judgment and issue a temporary modification order
under this subsection when:
  (A) There is a period of significant unemployment as that term
is described in paragraph (b) of this subsection; and
  (B) A party to the support order or judgment experiences an
employment-related change of income as defined by rule in ORS
416.455.
  (b) Proceedings under this subsection may be initiated only
when there is a period of significant unemployment in Oregon. The
Attorney General shall determine when a 'period of significant
unemployment' exists in Oregon and designate the beginning and
ending dates thereof. In making the determination of when a
period of significant unemployment exists in Oregon, the Attorney
General may consider whether there is in effect an 'extended
benefit period' as that term is defined in ORS 657.321.
  (c) Except as otherwise provided in this subsection, the
provisions of subsections (1) to   { - (12) - }  { +  (11) + } of
this section apply to a motion for an order of suspension and
temporary modification under this subsection.
  (d) A party's employment-related change of income during a
period of significant unemployment is considered a substantial
change of circumstances for purposes of proceedings brought under
this section.
  (e) The motion for an order of suspension and temporary
modification must be in writing and must include, but need not be
limited to:
  (A) The amount of the existing support order or judgment;
  (B) The amount of the obligor's and obligee's income
immediately preceding the party's employment-related change of
income, if known;
  (C) The reason for the party's employment-related change of
income;
  (D) How the party's employment-related change of income affects
the party's employment status, income and, if applicable, ability
to pay support;
  (E) The obligor's and the obligee's current sources of income,
if known;
  (F) The proposed amount of the temporary modification order;
  (G) A statement that if a party objects to the motion for an
order of suspension and temporary modification, then the party
may request a hearing within 14 days of service of the motion as
provided in paragraph (g) of this subsection;
  (H) A statement that the preexisting support order or judgment
will be reinstated as provided in paragraph (h) of this
subsection; and
  (I) A statement that a party may request a renewal of the order
of suspension and temporary modification prior to its expiration
as provided in paragraph (j) of this subsection.
  (f) The administrator shall serve the motion filed under this
subsection upon the parties by regular first class mail,
facsimile or electronic mail unless a party signs a form agreeing
to accept service of the motion.
  (g) A party may request a hearing within 14 days of service of
the motion. If a hearing is requested, the provisions of ORS
416.427 apply. When there has been no request for hearing, the
administrator may enter an order of suspension and temporary
modification under this subsection. The order must be consistent
with the provisions of the motion filed under this subsection and

Enrolled Senate Bill 589 (SB 589-INTRO)                    Page 3

be in substantial compliance with the formula established under
ORS 25.275.
  (h) An order of suspension and temporary modification issued
under this subsection is temporary and remains in effect for six
months from the date the order is filed under ORS 416.440 or
until the date specified in the notice provided under paragraph
(i) of this subsection informing of the party's reemployment,
whichever is earlier, at which time the preexisting support order
or judgment becomes immediately effective and payable on the
first day of the following month unless an order of renewal is
issued under paragraph (j) of this subsection.
  (i) The administrator may issue a notice of reinstatement at
any time during which an order of suspension and temporary
modification is in effect under this subsection when a party
obtains employment and receives income that is sufficient to
reinstate support in an amount substantially similar to the
amount in the preexisting support order or judgment. The notice
shall be served as provided in paragraph (f) of this subsection
and must state that, unless a request for hearing is received
within 14 days of service of the notice, the administrator will
enter an order terminating the order of suspension and temporary
modification and reinstating the amount of the preexisting
support order or judgment effective on a date to be specified in
the notice. If a hearing is requested, the provisions of ORS
416.427 apply. When there is no request for hearing, the
administrator may enter an order terminating the order of
suspension and temporary modification and reinstating the
preexisting support order or judgment effective upon the date
specified in the notice.
  (j) Prior to expiration of an order of suspension and temporary
modification under this subsection and upon request of a party,
the administrator may renew the order of suspension and temporary
modification for additional six-month periods or until the party
obtains employment as described in paragraph (i) of this
subsection, whichever occurs first, if the circumstances under
which the order was originally issued continue to exist
unchanged.
  SECTION 2. ORS 416.440 is amended to read:
  416.440. (1) The documents required to be filed for purposes of
subsection (2) of this section include all the following:
  (a) A true copy of any order entered, filed or registered by
the administrator or administrative law judge pursuant to ORS
416.400 to 416.465 or ORS chapter 110.
  (b) A true copy of the return of service, if applicable.
  (c) A separate statement containing the information required to
be contained in a judgment under ORS 18.042 (2).
  (2) The documents described under subsection (1) of this
section shall be filed in the office of the clerk of the circuit
court in the county in which either the parent or the dependent
child resides or in the county where the court order was entered
if the administrative order is an order modifying a court order.
Upon receipt of the documents, the clerk shall enter the order in
the register of the circuit court, shall note in the register
that the order creates a lien and shall make the notations
required by ORS 18.075 in the judgment lien record maintained
under ORS 18.075.
  (3) Upon entry in the register under subsection (2) of this
section, the order shall have all the force, effect and
attributes of a judgment of the circuit court, including but not
limited to:

Enrolled Senate Bill 589 (SB 589-INTRO)                    Page 4

  (a) Creation of a judgment lien under ORS chapter 18; and
  (b) Ability to be enforced by contempt proceedings and pursuant
to ORS 18.252 to 18.993.
    { - (4) Notwithstanding subsection (3) of this section, an
administrative order modifying a court order shall not become
effective until reviewed and approved by the court under ORS
416.425 (10). - }
    { - (5) - }  { +  (4) + } Notwithstanding subsections (2) and
(3) of this section, the entry in the register of an order of the
administrator or administrative law judge does not preclude any
subsequent proceeding or remedy available under ORS 416.400 to
416.465.
    { - (6) - }  { +  (5) + } An order filed under this section
that modifies a previously filed order or a previously entered
judgment may contain provisions that were included in the order
or judgment.
    { - (7) - }  { +  (6) + } A court or administrative order of
another state may be filed, or if appropriate, registered,
pursuant to this section for the purposes of ORS chapter 110.
Notwithstanding any other provision of this chapter, an order of
another state registered pursuant to ORS 110.405, 110.408 and
110.411 may not be modified unless the requirements of ORS
110.432 are met.
  SECTION 3. 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
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 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

Enrolled Senate Bill 589 (SB 589-INTRO)                    Page 5

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 4. ORS 18.031 is amended to read:
  18.031. Except as provided in ORS 416.440   { - (6) - }  { +
(5) + }, a supplemental judgment may only contain provisions that
were not included in the general judgment.
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Enrolled Senate Bill 589 (SB 589-INTRO)                    Page 6

Passed by Senate March 12, 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 589 (SB 589-INTRO)                    Page 7

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 589 (SB 589-INTRO)                    Page 8