2017 ORS 416.448¹
Multiple child support judgments

(1) As used in this section:

(a) “Child support judgment” has the meaning given that term in ORS 25.089 (Enforcement and modification of child support judgments).

(b) “Governing child support judgment” has the meaning given that term in ORS 25.091 (Multiple child support judgments).

(2) Notwithstanding any other provision of this section or ORS 25.089 (Enforcement and modification of child support judgments), when two or more child support judgments exist involving the same obligor and child, and when one or more of the judgments was issued by a tribunal of another state, the administrator shall apply the provisions of ORS chapter 110 before enforcing or modifying a child support judgment under this section or ORS 25.089 (Enforcement and modification of child support judgments).

(3) When the administrator finds that two or more child support judgments exist involving the same obligor and child and the same period, and each child support judgment was issued in this state:

(a) The administrator may petition the court for the county where a child who is subject to the judgments resides for a governing child support judgment under ORS 25.091 (Multiple child support judgments); or

(b) The administrator may apply the presumption described in ORS 25.091 (Multiple child support judgments), determine the controlling terms of the child support judgments and issue a proposed governing child support order and notice to the parties in the manner prescribed by rules adopted by the Department of Justice under ORS 416.455 (Authority of administrator and administrative law judge). The proposed governing child support order must include all of the information described in ORS 25.091 (Multiple child support judgments) (8). The administrator shall serve the proposed governing child support order and notice in the manner provided in ORS 416.425 (Motions to modify financial responsibility orders). The notice must include a statement that the proposed governing child support order shall become final unless a written objection is made to the administrator within 30 days after service of the proposed governing child support order and notice.

(4) If the administrator receives a timely written objection to a proposed governing child support order issued under subsection (3)(b) of this section, the administrator shall certify the matter to the court for the county where a child who is subject to the judgments resides for a governing child support judgment under ORS 25.091 (Multiple child support judgments).

(5) If the administrator does not receive a timely written objection to a proposed governing child support order issued under subsection (3)(b) of this section, the governing child support order is final. The administrator shall certify the governing child support order to a court for review and approval. The governing child support order is not effective until reviewed and approved by the court. If the court approves the governing child support order, the governing child support order becomes the governing child support judgment upon filing as provided in ORS 416.440 (Filing order with court).

(6) When a governing child support judgment is entered as described in ORS 416.440 (Filing order with court), the noncontrolling terms of each earlier child support judgment are terminated. However, subject to subsection (7) of this section, the entry of a governing child support judgment does not affect any support payment arrearage or any liability related to medical support, as defined in ORS 25.321 (Definitions for ORS 25.321 to 25.343), that has accrued under a child support judgment before the governing child support judgment is entered.

(7) For purposes of reconciling any child support arrears or credits under all of the child support judgments, amounts collected and credited for a particular period under one child support judgment must be credited against the amounts accruing or accrued for the same period under any other child support judgment.

(8) Not sooner than 30 days and not later than 60 days after entry of the governing child support judgment, the administrator shall file a copy of the governing child support judgment with each court that issued an earlier child support judgment. A failure to file does not affect the validity or enforceability of the governing child support judgment.

(9) When an administrative law judge finds that two or more child support judgments exist involving the same obligor and child and the same period, and each child support judgment was issued in this state, the administrative law judge shall remand the matter to the administrator to follow the provisions of subsection (3) of this section. [2003 c.146 §5; 2005 c.22 §287; 2005 c.83 §3; 2009 c.351 §9; 2011 c.318 §16; 2013 c.183 §3; 2017 c.252 §5]

Notes of Decisions

DHR could not require custodial parent to reimburse for public assistance provided mi­nor child where child left parent’s 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 Child Support, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors416.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 416, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano416.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.