Marital Dissolution, Annulment and Separation

ORS 107.431
Modification of portion of judgment regarding parenting time or child support

  • procedure


(1)

At any time after a judgment of annulment or dissolution of a marriage or a separation is granted, the court may set aside, alter or modify so much of the judgment relating to parenting time with a minor child as it deems just and proper or may terminate or modify that part of the order or judgment requiring payment of money for the support of the minor child with whom parenting time is being denied after:

(a)

Motion to set aside, alter or modify is made by the parent having parenting time rights;

(b)

Service of notice on the parent or other person having custody of the minor child is made in the manner provided by law for service of a summons;

(c)

Service of notice on the Administrator of the Division of Child Support of the Department of Justice when the child support rights of one of the parties or of a child of both of the parties have been assigned to the state. As an alternative to the service of notice on the administrator, service may be made upon the branch office of the division which provides service to the county in which the motion was filed. Service may be accomplished by personal delivery or first class mail; and

(d)

A showing that the parent or other person having custody of the child or a person acting in that parent or other person’s behalf has interfered with or denied without good cause the exercise of the parent’s parenting time rights.

(2)

When a party moves to set aside, alter or modify the child support provisions of the judgment:

(a)

The party shall state in the motion, to the extent known:

(A)

Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the child, including a proceeding brought under ORS 25.287 (Proceedings to modify orders to comply with formula), 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings), 107.135 (Vacation or modification of judgment), 109.100 (Petition for support), 125.025 (Authority of the court in protective proceedings), 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 110.503 (Definitions), involving the child, other than the judgment the party is moving to set aside, alter or modify.

(b)

The party shall include with the motion a certificate regarding any pending support proceeding and any existing support order other than the judgment the party is moving to set aside, alter or modify. The party shall use a certificate that is in a form established by court rule and include information required by court rule and paragraph (a) of this subsection.

(3)

The court may request the appearance of the administrator in any proceeding under this section in which it finds that the child support rights of one of the parties or of a child of both of the parties have been assigned to the state.

(4)

This section does not apply when the child to whom a duty of support is owed is in another state that has enacted the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and a court in that state would have subject matter and personal jurisdiction under that Act to determine custody and parenting time rights. [1977 c.878 §4; 1979 c.482 §2; 1997 c.707 §13; 1999 c.649 §49; 2001 c.334 §5; 2003 c.116 §5; 2003 c.576 §123; 2015 c.298 §91]

Notes of Decisions

Interference with visitation rights may not be raised in Revised Uniform Reciprocal Enforcement of Support Act proceeding. State ex rel. State of Washington v. Bozarth, 80 Or App 397, 722 P2d 48 (1986)

Law Review Citations

69 OLR 708 (1990)

Chapter 107

Notes of Decisions

Trial court has authority to establish liquidated sum as amount owed by spouse under settlement agreement. Horner and Horner, 119 Or App 112, 849 P2d 560 (1993)

Atty. Gen. Opinions

Emergency or necessity as the only grounds for waiver of 90-day period, (1971) Vol 35, p 982

Law Review Citations

55 OLR 267-277 (1976); 27 WLR 51 (1991)


Source

Last accessed
Jun. 26, 2021