ORS 25.080
Entity primarily responsible for support enforcement services

  • duties
  • application fees
  • rules

(1)

The following entity is primarily responsible for providing the support enforcement services described in subsection (4) of this section when an application as described in ORS 25.084 (Assignment of rights or written application required for services) is made, or when an assignment of support rights is made to the state:

(a)

The Division of Child Support of the Department of Justice:

(A)

If support rights are, or were within the past five months, assigned to this or another state; or

(B)

In any case where arrearage under a support order is assigned or owed to or the right to recover back support or state debt is held by this state or another state.

(b)

Except as provided in subsection (6) of this section, the district attorney in cases other than those described in paragraph (a) of this subsection if an application as described in ORS 25.084 (Assignment of rights or written application required for services) is made by the obligee, by the obligor, by a person having physical custody of a minor child or by a child attending school, as defined in ORS 107.108 (Support or maintenance for child attending school).

(2)

The provisions of this section apply to support enforcement services for any order or judgment that is or could be entered under ORS 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings) or 419B.400 (Authority to order support) or ORS chapter 107, 108, 109 or 110. The entity specified in subsection (1) of this section shall provide the support enforcement services on behalf of the State of Oregon and not on behalf of any other party or on behalf of a parent. The Department of Justice shall adopt rules addressing the provision of support enforcement services when the purposes of the state in providing those services may be contradictory in individual cases.

(3)

Notwithstanding the division of responsibility for providing support enforcement services between the Division of Child Support and the district attorney as described in subsection (1) of this section, provision of support enforcement services may not be challenged on the basis that the entity providing the services in a particular case is not the entity responsible for the case under subsection (1) of this section.

(4)

When responsible for providing support enforcement services and there is sufficient evidence available to support the action to be taken, the entity described in subsection (1) of this section:

(a)

Shall establish and enforce any child support obligation;

(b)

Shall establish paternity;

(c)

Shall enforce spousal support when the obligee is living with the obligor’s child for whom support enforcement services are being provided and those services are funded in part by federal moneys;

(d)

May enforce any other order or judgment for spousal support;

(e)

Shall, on behalf of the state, initiate and respond to child support modification proceedings based upon a substantial change of circumstances;

(f)

Shall, on behalf of the state, initiate and respond to child support modification proceedings based upon a modification conducted under ORS 25.287 (Proceedings to modify orders to comply with formula) concerning existing child support orders;

(g)

Shall establish and enforce obligations to provide medical insurance coverage for dependent children;

(h)

Shall ensure compliance with the provisions of 42 U.S.C. 651 to 669 and 45 C.F.R. Chapter III as authorized by state law;

(i)

Shall carry out the policy of the State of Oregon regarding child support obligations as expressed in ORS 25.502 (Policy); and

(j)

Shall ensure that child support orders are in compliance with the formula established by this chapter.

(5)

In any proceeding under subsection (4) of this section, the parties are those described in ORS 25.503 (Parties to support proceedings).

(6)

The district attorney of any county and the department may provide by agreement for assumption by the Division of Child Support of the functions of the district attorney under subsection (1) of this section or for redistribution between the district attorney and the Division of Child Support of all or any portion of the duties, responsibilities and functions set forth in subsections (1) and (4) of this section.

(7)

All county governing bodies and all district attorneys shall enter into child support cooperative agreements with the department. The following apply to this subsection:

(a)

The agreements shall contain appropriate terms and conditions sufficient for the state to comply with all child support enforcement service requirements under federal law; and

(b)

If this state loses any federal funds due to the failure of a county governing body or district attorney to either enter into an agreement under this subsection or to provide sufficient support enforcement service, the county shall be liable to the department for, and the liability shall be limited to, the amount of money the state determines it lost because of the failure. The state shall offset the loss from any moneys the state is holding for or owes the county or from any moneys the state would pay to the county for any purpose.

(8)

The Department of Justice shall enter into an agreement with the Oregon District Attorneys Association to establish a position or positions to act as a liaison between the Division of Child Support and those district attorneys who provide support enforcement services under this section. The department shall fund the position or positions. The Oregon District Attorneys Association shall administer the liaison position or positions under the agreement. The liaison shall work to:

(a)

Enhance the participation and interaction of the district attorneys in the development and implementation of Child Support Program policies and services; and

(b)

Increase the effectiveness of child support enforcement services provided by the district attorneys.

(9)

The district attorney or the Division of Child Support, whichever is appropriate, shall provide the services specified in subsections (1) and (4) of this section to any applicant, but may in their discretion, upon a determination and notice to the applicant that the prospect of successful recovery from the obligor of a portion of the delinquency or future payments is remote, require payment to the district attorney or the Division of Child Support of an application fee, in accordance with an application fee schedule established by rule by the department. If service performed results in the district attorney or the Division of Child Support recovering any support enforcement fees, the fees shall be paid to the applicant in an amount equal to the amount of the application fee.

(10)

An obligee may request the Division of Child Support or a district attorney to cease all collection efforts if it is anticipated that physical or emotional harm will be caused to the parent or caretaker relative or the child for whom support was to have been paid. The department, by rule, shall set out the circumstances under which such requests shall be honored. [Formerly 23.790; 1991 c.758 §1; 1993 c.33 §367; 1995 c.608 §9; 1997 c.704 §16; 2001 c.900 §236; 2003 c.73 §20; 2003 c.576 §295; 2005 c.560 §2; 2009 c.352 §4; 2019 c.13 §8; 2021 c.597 §44]

Source: Section 25.080 — Entity primarily responsible for support enforcement services; duties; application fees; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors025.­html.

Notes of Decisions

Where Public Welfare Department was assigned mother’s child support rights pursuant to [former] ORS 418.042, this section did not bar state from seeking vacation of a satisfaction of judgment obtained by father with respect to his support obligation, for state was real party in interest. State ex rel Hansen v. McKay, 31 Or App 631, 571 P2d 166 (1977)

This section creates assignor-assignee relationship between recipient of Aid to Dependent Children and state, and thus mere fact that assignor is required to cooperate with Support Enforcement Division attorney for state-assignee does not establish attorney-client relationship. Gibson v. Johnson, 35 Or App 493, 582 P2d 452 (1978), Sup Ct review denied

District attorney who was not acting as enforcing agency for support order could not seek modification of support order. Gutierrez and Gutierrez, 117 Or App 106, 843 P2d 466 (1992)

District attorney is “responsible for providing support enforcement services” where services are requested and payment records are maintained through Department of Human Resources. Nash and Nash, 126 Or App 39, 867 P2d 528 (1994)

State authority to initiate child support modification action includes cases where child is not receiving public assistance and support is not in arrears. Nash and Nash, 126 Or App 39, 867 P2d 528 (1994)

District attorney holds status as party to modification action, not merely facilitator of action. Hofstetter and Hofstetter, 129 Or App 365, 879 P2d 220 (1994)

Dissolution judgment containing determination of nonpaternity does not preclude district attorney from establishing paternity in support action since district attorney does not act on behalf of party to dissolution action. State ex rel Moran v. Rushman, 177 Or App 290, 33 P3d 999 (2001), Sup Ct review denied

Attorney General Opinions

Support Enforcement Division authority to enforce support orders for children placed in juvenile training schools, (1978) Vol 39, p 369; district attorney refusing to provide support enforcement services, (1979) Vol 40, p 126; acquisition of judgment debtor’s interest in mutual fund to recover moneys owed state, (1994) Vol 47, p 173

25.010
Definitions for support enforcement laws
25.011
“Address” defined
25.015
When payment on support order begins
25.020
When support payment to be made to Department of Justice
25.025
Annual notice to parties receiving services under ORS 25.020
25.030
When payment payable to bank account or escrow agent
25.070
Order may include payment of support enforcement fees
25.075
Cooperative agreements with Indian tribes or tribal organizations
25.080
Entity primarily responsible for support enforcement services
25.081
Access to records with Social Security number
25.082
Administrative subpoenas
25.083
High-volume automated administrative enforcement services
25.084
Assignment of rights or written application required for services
25.085
Service on obligee
25.088
Effect of dismissal of judicial proceeding on existing administrative order of support
25.089
Enforcement and modification of child support judgments
25.091
Multiple child support judgments
25.095
Later-issued child support judgment
25.100
Designation of auxiliary court in county where party resides or property located
25.110
Jurisdiction of designated auxiliary court
25.125
Disposition of support obligation overpayments
25.130
Election of alternative support payment method
25.140
Copies of new or modified support orders to department
25.150
Department to collect fees for services
25.160
Referral of support cases to department
25.164
Payment of support through Department of Justice
25.165
Application of support payments
25.166
Support payment due dates
25.167
Procedure for determining arrearages
25.170
Proceedings to require delinquent obligor to appear for examination of financial circumstances
25.180
Examination of obligor’s financial circumstances
25.190
Continuance of proceedings
25.200
Arrest of obligor for failure to appear
25.210
Use of obligor’s property for delinquent support payments
25.213
Assignment of proceeds of insurance policy to secure support obligation
25.220
Computer records of administrator
25.230
Court authorized to require security for support payments
25.240
Order to pay support by parent with legal custody of minor
25.241
Suspension of enforcement or holdback of moneys received during pendency of certain actions
25.243
Grievance procedure
25.245
Rebuttable presumption of inability to pay child support when parent receiving certain assistance payments
25.247
Rebuttable presumption of inability to pay child support when obligor incarcerated
25.260
Confidentiality of records
25.265
Access to information in Federal Parent Locator Service
25.270
Legislative findings
25.275
Formula for determining child support awards
25.280
Formula amount presumed correct
25.287
Proceedings to modify orders to comply with formula
25.290
Determining disposable income of obligor
25.321
Definitions for ORS 25.321 to 25.343
25.323
Medical support
25.325
Enforcing medical support
25.327
Service of medical support notice
25.329
Actions required after service of medical support notice
25.331
Obligation to withhold
25.333
Contesting medical support notice
25.335
Termination of support order
25.337
Liability
25.339
Priority of medical support notice
25.341
Notice of termination of employer’s relationship with providing party
25.342
Rules
25.343
Authorization for reimbursement payments
25.372
Applicability
25.375
Priority of withholding
25.378
Payment of support by income withholding
25.381
Establishing income withholding as method of paying support
25.384
Statement on withholding in support order
25.387
Withholding more than amount authorized by law
25.390
Amendment of support order not required for withholding
25.393
Remedy additional to other remedies
25.396
Exception to withholding
25.399
Notice of order to withhold
25.402
Service of order on withholder
25.405
Contesting order to withhold
25.408
Withholding is continuing obligation
25.411
When withholding begins
25.414
Standard amount to be withheld
25.417
Amount to be withheld when obligor paid more frequently than monthly
25.421
Procedure if withholder does not withhold support
25.424
Liability of withholder
25.427
Rules
25.501
Definitions for ORS 25.501 to 25.556
25.502
Policy
25.503
Parties to support proceedings
25.505
Authority of administrator and administrative law judge
25.507
Tribunals for establishment of paternity or for child support order
25.511
Notice and finding of financial responsibility
25.513
Hearings procedure
25.515
Past support
25.517
When order of support contingent on child residing in state financed or supported residence
25.525
Modification of order based on change in physical custody
25.527
Motions to modify financial responsibility orders
25.529
Filing order with court
25.531
Multiple child support judgments
25.533
Relief from compliance with order
25.540
Notice of intent to establish and enforce arrearages
25.542
Preventing transfer of assets to evade compliance with order
25.550
Establishing paternity of child
25.552
Certification of paternity issue to circuit or juvenile court
25.554
Reopening issue of paternity
25.556
Expeditious court hearings
25.575
Definitions for ORS 25.575 to 25.577
25.576
Order for support of adjudicated youth or other offender
25.577
Youth authority may enter into agreements for support enforcement services
25.610
Procedure to collect support orders from state tax refunds
25.620
Procedures to collect past due support from state tax refunds
25.625
Federal tax offset
25.640
Definitions for ORS 25.643 and 25.646
25.643
Disclosure of information on obligors by financial institutions
25.646
Disclosure of financial records of customers by financial institutions
25.650
Information on past due support to consumer reporting agencies
25.670
Judgment lien on personal property
25.680
Effect of lien
25.690
Foreclosure of lien
25.710
Duty of district attorney
25.715
Child support paid from security deposit
25.720
When support assignable
25.725
Child Support Deposit Fund
25.727
Garnishing income of person required to provide health insurance for child eligible under Medicaid
25.729
Application of laws to effectuate purposes of ORS chapter 110
25.750
Suspension of licenses, certificates, permits and registrations
25.752
Memberships in professional organizations that are required by state law
25.756
Identifying persons holding licenses, certificates, permits and registrations
25.759
Notice to persons subject to suspension
25.762
Agreement between obligor and administrator
25.765
Procedure if obligor contacts administrator within time limits
25.768
Judicial review of order
25.771
Obligor holding more than one license, certificate, permit or registration
25.774
Reinstatement
25.777
Reimbursing issuing entities for costs incurred
25.780
Other licenses, certificates, permits and registrations subject to suspension
25.783
Confidentiality of information
25.785
Issuing entities to require Social Security number
25.790
Hiring or rehiring individual
25.792
Confidentiality
25.793
Disclosure of employer-reported information
25.794
Verification of employment
25.990
Penalties
Green check means up to date. Up to date