Denial of homestead exemption when judgment is for child support
(1) It is the policy of this state:
(a) To afford protection to the debtor and the debtor’s family homestead through the homestead exemption;
(b) To maintain dependent children from the financial resources of both parents of those children;
(c) That the homestead exemption should not be permitted to serve as a shield for a debtor’s evasion of child support obligations;
(d) That the burden for that support should not be shifted in all cases to the present family of the debtor through the sale of the family residence; and
(e) That to accommodate these policies, the court should have the discretion to decline to allow all or part of a claimed homestead exemption in cases involving child support as provided in this section.
(2) Notwithstanding ORS 18.395 (Homestead exemption) to 18.422 (Release of judgment lien), a court in its discretion may decline to allow a homestead exemption in whole or part in any proceeding under ORS 18.912 (Hearing on motion for order authorizing sale of residential property) if the proceeding is based on a judgment for child support that arises out of an order or judgment under ORS 24.115 (Filing of foreign judgment), 107.095 (Provisions court may make after commencement of suit and before judgment), 107.105 (Provisions of judgment), 107.135 (Vacation or modification of judgment), 108.120 (Support judgment or order), 109.100 (Petition for support), 109.103 (Proceeding to determine custody or support of child), 109.155 (Hearing), 109.165 (Vacation or modification of judgment), 416.400 (Definitions for ORS 416.400 to 416.465) to 416.465 (Relief from compliance with order), 419B.400 (Authority to order support) or 419C.590 (Authority of court to order support) or ORS chapter 110 or 125.
(3) In exercising the discretion granted under subsection (1) of this section, the court shall consider:
(a) The financial resources of both parties;
(b) The number of dependents of each of the parties;
(c) The ages, health and conditions of parties and their dependents;
(d) The child support payment history of the judgment debtor on the judgment which is the subject of the petition; and
(e) Other collection attempts by the judgment creditor on the judgment which is the subject of the petition.
(4) This section shall not apply to any proceeding under ORS 18.912 (Hearing on motion for order authorizing sale of residential property) brought by or on the behalf of the state or any agency of the state. [Formerly 23.242; 2005 c.542 §58]
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