Authority of court to order support
- • hearing
- • determination of amount
(1) The court may, after a hearing on the matter, require the parents or other person legally obligated to support a youth offender to pay toward the youth offender’s support such amounts at such intervals as the court may direct, while the youth offender is within the jurisdiction of the court even though the youth offender is over 18 years of age as long as the youth offender is a child attending school, as defined in ORS 107.108 (Support or maintenance for child attending school).
(2) At least 21 days before the hearing, the court shall notify the Administrator of the Division of Child Support of the Department of Justice, or the branch office providing support services to the county where the hearing will be held, of the hearing. Before the hearing the administrator shall inform the court, to the extent known:
(a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the youth offender, 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), 416.400 (Definitions for ORS 416.400 to 416.465) to 416.465 (Relief from compliance with order) 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 110.303 (Definitions), involving the youth offender.
(3) The Judicial Department and the Department of Justice may enter into an agreement regarding how the courts give the notice required under subsection (2) of this section to the Department of Justice and how the Department of Justice gives the information described in subsection (2)(a) and (b) to the courts.
(4) The court, in determining the amount to be paid, shall use the scale and formula provided for in ORS 25.275 (Formula for determining child support awards) and 25.280 (Formula amount presumed correct). Unless otherwise ordered, the amounts so required to be paid shall be paid to the Department of Justice or the county clerk, whichever is appropriate, for transmission to the person, institution or agency having legal custody of the youth offender. [1993 c.33 §256; 1997 c.704 §§47,61; 2003 c.116 §17; 2003 c.396 §132a]
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