2007 ORS 108.110¹
Petition for support of spouse and children
  • rules

(1) Any married person may apply to the circuit court of the county in which the married person resides or in which the spouse may be found for an order upon the spouse to provide for support of the married person or for the support of minor children and children attending school, or both, and, if the married person initiating the action for support is a woman who is pregnant, her unborn child, or both, if her spouse is the natural father of such children, children attending school or unborn child or if her spouse is the adoptive father of such children or children attending school. The married person initiating the action for support may apply for the order by filing in such county a petition setting forth the facts and circumstances upon which the married person relies for such order. If satisfied that a just cause exists, the court shall direct that the married person’s spouse appear at a time set by the court to show cause why an order of support should not be entered in the matter. 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.

(2) As used in this section, "child attending school" has the meaning given that term in ORS 107.108 (Support or maintenance for child attending school).

(3) 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 children of the marriage, including a proceeding brought under ORS 107.085 (Petition), 109.100 (Petition for support), 125.025 (Authority of the court in protective proceedings), 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; and

(b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.303 (Definitions), involving children of the marriage.

(4) 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 (3) of this section.

(5) The provisions of this section apply equally to cases where it is the husband making application for a support order.

(6) In any proceeding under this section, the obligee, as that person is defined in ORS 110.303 (Definitions), is a party to the proceeding. [Amended by 1963 c.497 §1; 1973 c.827 §12d; 1975 c.140 §1; 1975 c.458 §13; 1979 c.90 §1; 1981 c.669 §2; 1993 c.596 §18; 1995 c.343 §23; 1997 c.704 §54; 2001 c.334 §7; 2003 c.73 §53a; 2003 c.116 §7; 2005 c.560 §16]

Notes of Decisions

Support order is not available if married couple is living together. Crocker and Crocker, 157 Or App 651, 971 P2d 469 (1998), aff'd 332 Or 42, 22 P3d 759 (2001)

Law Review Cita­tions

53 OLR 186, 188 (1974); 57 OLR 152 (1977)


1 Legislative Counsel Committee, CHAPTER 108—Husband and Wife Relationship; Property Rights; Premarital Agreements, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­108.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 108, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­108ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.