Petition for support
- • effect of judgment
- • parties
(1) Any minor child or the administrator may, in accordance with ORCP 27 A, apply to the circuit court in the county in which the child resides, or in which the natural or adoptive father or mother of the child may be found, for an order upon the childs father or mother, or both, to provide for the childs support. The child or the administrator may apply for the order by filing in the county a petition setting forth the facts and circumstances relied upon for the order. If satisfied that a just cause exists, the court shall direct that the father or mother appear at a time set by the court to show cause why an order of support should not be entered in the matter.
(2) The petitioner shall state in the petition, to the extent known:
(a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the minor 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), 107.085 (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), 109.103 (Proceeding to determine custody or support of child), 109.165 (Vacation or modification of judgment), 125.025 (Authority of the court in protective proceedings), 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 110.503 (Definitions), involving the minor child.
(3) The petitioner shall include with the petition a certificate regarding any pending support proceeding and any existing support order. The petitioner shall use a certificate that is in a form established by court rule and include information required by court rule and subsection (2) of this section.
(4) The judgment of a court under subsection (1) of this section is final as to any installment or payment of money that has accrued up to the time either party makes a motion to set aside, alter or modify the judgment, and the court may not set aside, alter or modify the judgment, or any portion thereof, that provides for any payment of money that has accrued prior to the filing of the motion.
(5) The provisions of ORS 108.120 (Support judgment or order) apply to proceedings under subsection (1) of this section.
(6) In any proceeding under this section, both the childs physical and legal custodians are parties to the action. [1963 c.497 §2; 1975 c.458 §14; 1979 c.90 §2; 1979 c.284 §100; 1989 c.812 §7; 1993 c.596 §20; 2003 c.73 §55a; 2003 c.116 §8; 2003 c.576 §244; 2011 c.595 §124; 2015 c.298 §93]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information