Modification of order based on change in physical custody
(1) An order for support of a child entered under ORS 416.400 (Definitions for ORS 416.400 to 416.465) to 416.465 (Relief from compliance with order) may provide for a change to the support award based on a change in the child’s physical custody. The order may provide for a change in the support award during periods of time when one parent, with the knowledge and consent of the other parent or pursuant to court order, has physical custody of the child. The provision may not provide for a change to the support award during periods of parenting time or visitation.
(2) A sworn affidavit of the parent having physical custody of a child is sufficient to establish a change in physical custody of the child, and of the time during which the parent has physical custody of the child, for the purposes of a change to a support award under a provision described in subsection (1) of this section. The other parent may contest the affidavit by requesting a hearing as provided by ORS 416.427 (Hearings procedure).
(3) The legal custody of a child is not affected by a change to a support order under a provision described in subsection (1) of this section. [2009 c.353 §2]
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