ORS 25.287
Proceedings to modify orders to comply with formula

  • when proceeding may be initiated
  • issues considered

(1)

Intentionally left blank —Ed.

(a)

The entity providing support enforcement services under ORS 25.080 (Entity primarily responsible for support enforcement services) may initiate proceedings to modify a support obligation to ensure that the support obligation is in accordance with the formula established under ORS 25.275 (Formula for determining child support awards).

(b)

Proceedings under this subsection may occur only after three years have elapsed, or such shorter cycle as determined by rule of the Department of Justice, from the latest of the following:

(A)

The date the original support obligation took effect;

(B)

The date any previous modification of the support obligation took effect; or

(C)

The date of any previous review and determination under this subsection that resulted in no modification of the support obligation.

(c)

For purposes of paragraph (b) of this subsection, a support obligation or modification takes effect on the first date on which the obligor is to pay the established or modified support amount.

(d)

The only issues at proceedings under this subsection are whether three years have elapsed, or such shorter cycle as determined by rule of the department, and whether the support obligation is in substantial compliance with the formula established under ORS 25.275 (Formula for determining child support awards).

(e)

Upon review, if the administrator determines that a support obligation does not qualify for modification under this section, a party may appeal the administrator’s decision under ORS 183.484 (Jurisdiction for review of orders other than contested cases).

(f)

If the court, the administrator or an administrative law judge finds that more than three years have elapsed, or such shorter cycle as determined by rule of the department, the court, the administrator or the administrative law judge shall modify the support order to bring the support obligation into substantial compliance with the formula established under ORS 25.275 (Formula for determining child support awards), regardless of whether there has been a substantial change in circumstances since the support obligation was last established, modified or reviewed. Proceedings by the administrator or administrative law judge under this subsection shall be conducted according to the provisions of ORS 25.513 (Hearings procedure) and 25.527 (Motions to modify financial responsibility orders).

(g)

Intentionally left blank —Ed.

(A)

The provisions of this subsection apply to any support obligation established by a support order under this chapter or ORS chapter 107, 108, 109 or 110 or ORS 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings) or 419B.400 (Authority to order support).

(B)

Notwithstanding subparagraph (A) of this paragraph, if a support order is suspended under ORS 25.245 (Rebuttable presumption of inability to pay child support when parent receiving certain assistance payments) or 25.247 (Rebuttable presumption of inability to pay child support when obligor incarcerated), the provisions of this subsection apply to the support obligation upon reinstatement of the support order.

(2)

The entity providing support enforcement services shall state in the document initiating the proceeding, 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 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings), 107.085 (Petition), 107.135 (Vacation or modification of judgment), 107.431 (Modification of portion of judgment regarding parenting time or child support), 108.110 (Petition for support of spouse and children), 109.100 (Petition for support), 109.103 (Proceeding to determine custody or support of child), 109.165 (Vacation or modification of judgment), 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 support obligation the entity seeks to modify.

(3)

The entity providing support enforcement services shall include with the document initiating the proceeding a certificate regarding any pending support proceeding and any existing support order other than the support obligation the entity seeks to modify. The entity providing support enforcement services shall use a certificate that is in a form prescribed by the administrator and shall include information required by the administrator and subsection (2) of this section.

(4)

The administrator, court or administrative law judge may use the provisions of subsection (1) of this section when a support order was entered in another state and registered in Oregon, the provisions of ORS chapter 110 apply and more than three years have elapsed, or such shorter cycle as determined by rule of the department.

(5)

Notwithstanding the provisions of this section, proceedings may be initiated at any time to modify a support obligation based upon a substantial change of circumstances under any other provision of law.

(6)

The obligee is a party to any action to modify a support obligation under this section. [1991 c.519 §3; 1993 c.33 §369; 1993 c.596 §7 (enacted in lieu of 25.285 in 1993); 1995 c.608 §31; 1999 c.80 §64; 1999 c.735 §1; 2001 c.455 §§7,8; 2003 c.75 §24; 2003 c.116 §§1,2; 2003 c.576 §§183,184; 2005 c.560 §4; 2007 c.71 §9; 2007 c.878 §4; 2015 c.298 §86; 2019 c.13 §15; 2019 c.291 §9; 2021 c.500 §3; 2021 c.597 §51]

Source: Section 25.287 — Proceedings to modify orders to comply with formula; when proceeding may be initiated; issues considered, https://www.­oregonlegislature.­gov/bills_laws/ors/ors025.­html.

Notes of Decisions

Under former similar statute (ORS 25.285)

Provision allowing modification of child support without showing of substantial change of circumstances for parents whose support obligations are subject to support enforcement services did not violate equal protection rights under Article I, section 20, because classification between them and other parents was created by statute itself and intrinsic to regulation statutes are designed to achieve. Thompson and Thompson, 110 Or App 462, 823 P2d 1001 (1992), Sup Ct review denied

In general

Court may consider stipulations in determining whether support guidelines amount is just and appropriate. Petersen and Petersen, 132 Or App 190, 888 P2d 23 (1994); Grile and Grile, 138 Or App 630, 909 P2d 1248 (1996)

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