2015 ORS 416.422¹
Past support
  • consolidation in court proceeding

(1) Past support may not be ordered for any period of time prior to the later of:

(a) The date of the most recent application for service from the Child Support Program administered under Title IV-D of the Social Security Act; or

(b) In the case of a mandatory referral based on the receipt of public assistance, the date of the last referral to the Child Support Program administered under Title IV-D of the Social Security Act.

(2) If the administrator has issued a notice and finding of financial responsibility under ORS 416.415 (Notice and finding of financial responsibility) that includes a statement of past support but the administrator or an administrative law judge has not issued an order, and a court proceeding that involves the same obligor and child support for the same child is pending or is commenced after the notice is issued, the administrator may certify all matters under the notice to the court for consolidation in the court proceeding. After the matter is certified to the court, the court may, in the same manner as the administrator, order a parent to pay an amount of past support.

(3) If the administrator does not certify the matter to the court under subsection (2) of this section and the courts judgment or order does not address past support, the administrator or an administrative law judge may thereafter issue an order directing a parent to pay an amount of past support. [1995 c.514 §16; 2003 c.146 §9; 2003 c.576 §207; 2007 c.71 §106]

Notes of Decisions

Prohibi­tion on collec­tion of past support for period before October 1995 does not bar recovery of support qualifying as state debt prior to 1995 amend­ment. State ex rel Depart­ment of Human Resources v. Lewelling, 156 Or App 7, 964 P2d 1104 (1998)

Notes of Decisions

DHR could not require custodial parent to reimburse for public assistance provided mi­nor child where child left parents home without permission and without cause. Depart­ment of Human Resources v. McGraw, 68 Or App 834, 683 P2d 154 (1984), Sup Ct review denied

Law Review Cita­tions

69 OLR 692 (1990)


1 Legislative Counsel Committee, CHAPTER 416—Recovery of Aid and Support, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors416.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 416, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano416.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.