ORS 107.431
Modification of portion of judgment regarding parenting time or child support

  • procedure

(1)

At any time after a judgment of annulment or dissolution of a marriage or a separation is granted, the court may set aside, alter or modify so much of the judgment relating to parenting time with a minor child as it deems just and proper or may terminate or modify that part of the order or judgment requiring payment of money for the support of the minor child with whom parenting time is being denied after:

(a)

Motion to set aside, alter or modify is made by the parent having parenting time rights;

(b)

Service of notice on the parent or other person having custody of the minor child is made in the manner provided by law for service of a summons;

(c)

Service of notice on the Administrator of the Division of Child Support of the Department of Justice when the child support rights of one of the parties or of a child of both of the parties have been assigned to the state. As an alternative to the service of notice on the administrator, service may be made upon the branch office of the division which provides service to the county in which the motion was filed. Service may be accomplished by personal delivery or first class mail; and

(d)

A showing that the parent or other person having custody of the child or a person acting in that parent or other person’s behalf has interfered with or denied without good cause the exercise of the parent’s parenting time rights.

(2)

When a party moves to set aside, alter or modify the child support provisions of the judgment:

(a)

The 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 child, including a proceeding brought under ORS 25.287 (Proceedings to modify orders to comply with formula), 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings), 107.135 (Vacation or modification of judgment), 109.100 (Petition for support), 125.025 (Authority of the court in protective proceedings) or 419B.400 (Authority to order support) or ORS chapter 110; and

(B)

Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503 (Definitions), involving the child, other than the judgment the party is moving to set aside, alter or modify.

(b)

The party shall include with the motion a certificate regarding any pending support proceeding and any existing support order other than the judgment the party is moving to set aside, alter or modify. The party shall use a certificate that is in a form established by court rule and include information required by court rule and paragraph (a) of this subsection.

(3)

The court may request the appearance of the administrator in any proceeding under this section in which it finds that the child support rights of one of the parties or of a child of both of the parties have been assigned to the state.

(4)

This section does not apply when the child to whom a duty of support is owed is in another state that has enacted the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and a court in that state would have subject matter and personal jurisdiction under that Act to determine custody and parenting time rights. [1977 c.878 §4; 1979 c.482 §2; 1997 c.707 §13; 1999 c.649 §49; 2001 c.334 §5; 2003 c.116 §5; 2003 c.576 §123; 2015 c.298 §91; 2021 c.597 §60]

Source: Section 107.431 — Modification of portion of judgment regarding parenting time or child support; procedure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html.

Notes of Decisions

Interference with visitation rights may not be raised in Revised Uniform Reciprocal Enforcement of Support Act proceeding. State ex rel. State of Washington v. Bozarth, 80 Or App 397, 722 P2d 48 (1986)

Law Review Citations

69 OLR 708 (1990)

107.005
Annulment of void marriage
107.015
Grounds for annulment or dissolution of marriage
107.025
Irreconcilable differences as grounds for dissolution or separation
107.036
Doctrines of fault and in pari delicto abolished
107.046
Appearance by public official
107.055
Appearance by respondent
107.075
Residence requirements
107.085
Petition
107.086
Where to file petition
107.087
When petition to be served on Division of Child Support
107.088
Clerk of court to furnish certain information when petition is filed
107.089
Documents parties must furnish to each other
107.092
Notice that spouse may continue health insurance coverage
107.093
Restraining order
107.094
Forms for restraining order and request for hearing
107.095
Provisions court may make after commencement of suit and before judgment
107.097
Ex parte temporary custody or parenting time orders
107.101
Policy regarding parenting
107.102
Parenting plan
107.103
Alternative dispute resolution conference procedure
107.104
Policy regarding settlement
107.105
Provisions of judgment
107.106
Provisions of order or judgment providing for custody, parenting time, visitation or support of child
107.108
Support or maintenance for child attending school
107.111
When parents equally responsible for funeral expenses of child
107.115
Effect of judgment
107.118
Definitions for ORS 107.118 to 107.131
107.121
Revocation of designation of beneficiary upon entry of judgment
107.124
Effect of revocation
107.127
Notice of revocation
107.131
Conveyance or release of contingent or expectant interests
107.133
Remedy following conviction for attempted murder or conspiracy to commit murder
107.135
Vacation or modification of judgment
107.136
Reinstatement of terminated spousal support
107.137
Factors considered in determining custody of child
107.138
Temporary status quo order regarding child custody
107.139
Post-judgment ex parte temporary custody or parenting time order
107.145
Legislative findings regarding deployed parent
107.146
Expedited hearing upon motion by deployed parent
107.149
Policy regarding parents and their children
107.154
Authority of parent when other parent granted sole custody of child
107.159
Notice of change of residence
107.164
Parents’ duty to provide information to each other
107.169
Joint custody of child
107.174
Modification of order for parenting time
107.179
Request for joint custody of children
107.400
Amendment of pleadings in dissolution, annulment or separation proceedings to change relief sought
107.405
Powers of court in dissolution, annulment or separation proceedings
107.406
Legislative findings
107.407
Petition to set aside spousal support provisions of judgment
107.408
Duty to provide income tax information
107.412
Procedure applicable to ORS 107.407
107.415
Notice of change of status of child
107.425
Investigation of parties in domestic relations suit involving children
107.431
Modification of portion of judgment regarding parenting time or child support
107.434
Expedited parenting time enforcement procedure
107.437
Order of assistance to obtain custody of child held in violation of custody order
107.445
Attorney fees in certain domestic relations proceedings
107.449
Transfer of proceeding under ORS 107.135 to auxiliary court
107.452
Reopening case if assets discovered after entry of judgment
107.455
Effect of separation statutes or judgments on subsequent dissolution proceedings
107.465
Conversion of judgment of separation into judgment of dissolution
107.475
Court to determine duration of separation
107.485
Conditions for summary dissolution procedure
107.490
Commencement of proceeding
107.500
Forms
107.510
Definitions for ORS 107.510 to 107.610
107.520
Establishment of conciliation jurisdiction
107.530
Source of conciliation services
107.540
Conciliation jurisdiction by court
107.550
Petition for conciliation jurisdiction
107.560
Effect of petition
107.570
Notice
107.580
Restriction of services
107.590
Court orders
107.600
Privacy of proceedings
107.610
Qualifications of conciliation counselors
107.615
Fees to support services
107.700
Short title
107.705
Definitions for ORS 107.700 to 107.735
107.707
Application of Uniform Child Custody Jurisdiction and Enforcement Act
107.710
Petition to circuit court for relief
107.716
Hearing
107.717
Appearance by telephone or two-way electronic communication device
107.718
Restraining order
107.719
Removal of personal effects
107.720
Enforcement of restraining orders
107.721
Petitioner’s change of residence
107.722
Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order
107.723
Service of restraining order
107.725
Renewal of order entered under ORS 107.716 or 107.718
107.726
Standing to petition for relief of person under 18 years of age
107.728
Where to file petition
107.730
Modification of order entered under ORS 107.700 to 107.735
107.732
Recovering custody of child
107.735
Duties of State Court Administrator
107.755
Court-ordered mediation
107.765
When referral to mediation permitted
107.775
Methods of providing mediation services
107.785
Privacy of proceedings
107.795
Availability of other remedies
107.810
Policy
107.820
Support order as insurable interest
107.825
Court-ordered beneficiary action against third-party beneficiary after death of obligor
107.830
Physical examination may be ordered
107.835
Waiver of personal service in subsequent contempt proceeding
107.837
Attorney fees
107.840
Confidentiality of Social Security numbers
107.843
Supplemental judgments
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