2013 ORS § 416.415¹
Notice and finding of financial responsibility
- • request for hearing
- • order
(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 (Entity primarily responsible for support enforcement services) 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, 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.
(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;
(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 (Proceedings to modify orders to comply with formula), 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), 416.425 (Motions to modify financial responsibility orders), 419B.400 (Authority to order support) or 419C.590 (Authority of court 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 110.303 (Definitions), 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 parents and to the obligees last-known address, or if applicable, the parents or the obligees attorneys 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 30 days of the date of service, a written response that sets forth any objections and requests a hearing;
(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;
(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;
(b) The name of the childs other parent;
(c) The childs 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 parents financial and living situation, the formula provided for in ORS 25.275 (Formula for determining child support awards) and 25.280 (Formula amount presumed correct) 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 (Hearings procedure).
(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 (Support or maintenance for child attending school) apply to an order entered under this section for the support of a child attending school. [1979 c.421 §4; 1985 c.671 §33; 1989 c.566 §1; 1989 c.811 §7; 1993 c.596 §32; 1995 c.514 §9; 1997 c.704 §62; 2003 c.73 §62; 2003 c.116 §12; 2005 c.560 §10; 2009 c.80 §6; 2011 c.318 §3]