ORS 109.155
Hearing

  • order for payment for support of child and other costs
  • policy regarding settlement
  • enforcement of settlement terms
  • remedies

(1)

The court, in a private hearing, shall first determine the issue of parentage. If the respondent admits the parentage, the admission shall be reduced to writing, verified by the respondent and filed with the court. If the parentage is denied, corroborating evidence, in addition to the testimony of the parent or expectant parent, shall be required.

(2)

If the court finds, from a preponderance of the evidence, that the petitioner or the respondent is the father of the child who has been, or who may be born out of wedlock, the court shall then proceed to a determination of the appropriate relief to be granted. The court may approve any settlement agreement reached between the parties and incorporate the agreement into any judgment rendered, and the court may order such investigation or the production of such evidence as the court deems appropriate to establish a proper basis for relief.

(3)

The court, in its discretion, may postpone the hearing from time to time to facilitate any investigation or the production of such evidence as it deems appropriate.

(4)

The court may order either parent to pay such sum as the court deems appropriate for the past and future support and maintenance of the child during the child’s minority and while the child is attending school, as defined in ORS 107.108 (Support or maintenance for child attending school), and the reasonable and necessary expenses incurred or to be incurred in connection with prenatal care, expenses attendant with the birth and postnatal care. The court may grant the prevailing party reasonable costs of suit, which may include expert witness fees, and reasonable attorney fees at trial and on appeal. The provisions of ORS 107.108 (Support or maintenance for child attending school) apply to an order entered under this section for the support of a child attending school.

(5)

An affidavit certifying the authenticity of documents substantiating expenses set forth in subsection (4) of this section is prima facie evidence to establish the authenticity of the documents.

(6)

Intentionally left blank —Ed.

(a)

It is the policy of this state:

(A)

To encourage the settlement of cases brought under this section; and

(B)

For courts to enforce the terms of settlements described in paragraph (b) of this subsection to the fullest extent possible, except when to do so would violate the law or would clearly contravene public policy.

(b)

In a proceeding under this section, the court may enforce the terms set forth in a stipulated judgment of parentage signed by the parties, a judgment of parentage resulting from a settlement on the record or a judgment of parentage incorporating a settlement agreement:

(A)

As contract terms using contract remedies;

(B)

By imposing any remedy available to enforce a judgment, including but not limited to contempt; or

(C)

By any combination of the provisions of subparagraphs (A) and (B) of this paragraph.

(c)

A party may seek to enforce an agreement and obtain remedies described in paragraph (b) of this subsection by filing a motion, serving notice on the other party in the manner provided by ORCP 7 and, if a remedy under paragraph (b)(B) of this subsection is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding.

(d)

Nothing in paragraph (b) or (c) of this subsection limits a party’s ability, in a separate proceeding, to file a motion to set aside, alter or modify a judgment under ORS 109.165 (Vacation or modification of judgment) or to seek enforcement of an ancillary agreement to the judgment.

(7)

If parentage between a person and a child has been established under ORS 109.065 (Establishing parentage) and the parentage has not been disestablished before proceedings are initiated under ORS 109.125 (Who may initiate proceedings), the court may not render a judgment under ORS 109.124 (Definitions for ORS 109.124 to 109.230) to 109.230 (Legality of contract between mother and father of child born out of wedlock) establishing parentage between another person and the child unless the judgment also disestablishes the parentage established under ORS 109.065 (Establishing parentage). [1969 c.619 §5; 1971 c.137 §1; 1971 c.191 §3; 1973 c.827 §12h; 1975 c.640 §15; 1981 c.897 §33; 1983 c.762 §5; 1989 c.417 §2; 1997 c.704 §57; 1999 c.80 §23; 2001 c.203 §6; 2003 c.576 §140; 2007 c.454 §5; 2017 c.651 §24]

Source: Section 109.155 — Hearing; order for payment for support of child and other costs; policy regarding settlement; enforcement of settlement terms; remedies, https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html.

Notes of Decisions

Corroborating evidence must be of some substantial fact or circumstance which, independent of the petitioner’s testimony, tends to connect the defendant with fatherhood of the child. State ex rel Farrer v. McGuire, 14 Or App 446, 513 P2d 816 (1973)

Oral admission of paternity in open court is not sufficient substitute for written and signed admission. State ex rel AFSD v. Buethe, 307 Or 89, 763 P2d 723 (1988)

Court’s ability to approve settlement agreement is limited to situations in which paternity has been verified through presentation of evidence or admitted in writing. State ex rel AFSD v. Buethe, 307 Or 89, 763 P2d 723 (1988)

Where putative father admitted paternity and agreed to entry of decree, judicial estoppel barred later assertion that admission was insufficient due to lack of oath. State ex rel AFSD v. Evans, 126 Or App 592, 869 P2d 891 (1994)

Award of expert witness fees to prevailing party is available only if expert witness was appointed by court or administrator as described under ORS 109.256. State ex rel Department of Human Resources v. Lewelling, 156 Or App 7, 964 P2d 1104 (1998)

109.001
Breast-feeding in public place 109.003
Attorney fees 109.010
Duty of support 109.012
Liability of parents for expenses and education of children 109.015
Proceedings for child support if child receives public assistance 109.020
When child’s maintenance and education may be defrayed out of income of own property 109.030
Equality in rights and responsibilities of parents 109.035
Security required before foreign travel with child 109.041
Relationship between adopted child and natural and adoptive parents 109.050
Relation of adopted child to adoptive parents 109.056
Delegation of certain powers by parent or guardian 109.060
Legal status and legal relationships when parents not married 109.065
Establishing parentage 109.070
Presumption of parentage 109.072
Petition to vacate or set aside parentage determination 109.073
Social Security number of parent in paternity order 109.090
Interpretation of ORS 109.060 to 109.090 109.092
Obligation to recognize responsibility for conception 109.094
Rights of parent when parentage established 109.096
Notice to putative father when parentage not established 109.098
Objection of putative father in proceeding referred to in ORS 109.096 109.100
Petition for support 109.103
Proceeding to determine custody or support of child 109.112
Mother, father or putative father deemed to have attained majority 109.116
Validity of putative father’s authorization, release or waiver 109.118
Validity of decrees or orders entered prior to July 3, 1975, concerning custody, adoption or permanent commitment of child 109.119
Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship 109.124
Definitions for ORS 109.124 to 109.230 109.125
Who may initiate proceedings 109.135
Circuit court jurisdiction 109.145
Court may proceed despite failure to appear 109.155
Hearing 109.165
Vacation or modification of judgment 109.175
Determination of legal custody after parentage established 109.225
Notice to Center for Health Statistics after petition filed 109.230
Legality of contract between mother and father of child born out of wedlock 109.231
Records open to public 109.237
Attorney fees 109.239
Rights and obligations of children resulting from assisted reproduction 109.243
Relationship of child resulting from assisted reproduction to mother’s spouse 109.247
Application of law to children resulting from assisted reproduction 109.250
Short title 109.251
“Blood tests” defined 109.252
Authority for blood test 109.254
Selection of experts to make tests 109.256
Compensation of experts 109.258
Effect of test results 109.259
Temporary child support pending determination of parentage 109.260
Applicability to criminal actions for nonsupport 109.262
Uniformity of interpretation 109.264
Parties 109.266
Definitions for ORS 109.266 to 109.410 109.268
Interpretation of adoption laws 109.270
Rules regarding home studies and placement reports 109.272
Court required to act within six months of filing of petition for adoption 109.274
Confidentiality of petitioners 109.276
Petition for adoption 109.278
ICWA compliance report 109.281
Financial disclosure statement to be filed with petition 109.283
Application for home study by Oregon resident 109.285
Petition for adoption 109.287
Adoption Summary and Segregated Information Statement 109.289
Separate record of the case 109.301
Consent to adoption in general 109.302
Consent to adoption of Indian child 109.322
Consent of parent with mental illness or intellectual disability 109.323
Consent when custody of child has been awarded in divorce proceedings 109.324
Consent when parent has deserted or neglected child 109.325
Consent by Department of Human Services or approved child-caring agency of this state 109.326
Consent when spouse not parent 109.327
Consent by organization located outside Oregon 109.328
Consent of child 14 years of age or older 109.329
Adoption of person 18 years of age or older or legally married 109.330
Notice when parent does not consent 109.331
Consenting agency disclosure of county and case number of adoption proceeding 109.332
Grandparent visitation in stepparent adoption 109.335
Appointment of guardian pending further adoption proceedings 109.342
Medical history of child and biological parents required 109.346
Adoption-related counseling for birth parent 109.347
Civil action for failure to pay for counseling 109.350
Judgment of adoption or readoption 109.353
Notice of voluntary adoption registry required before judgment entered 109.360
Change of adopted child’s name 109.381
Effect of judgment of adoption 109.382
Vacating adoption of Indian child when parental consent to adoption obtained by fraud or duress 109.383
Notice of vacated judgment of adoption of Indian child or termination of adoptive parent’s parental rights to Indian child 109.385
Readoption proceeding 109.390
Authority of Department of Human Services or child-caring agency in adoption proceedings 109.400
Adoption report form 109.410
Certificate of adoption 109.425
Definitions for ORS 109.425 to 109.507 109.430
Policy and purpose 109.435
Adoption records to be permanently maintained 109.445
Information of registry confidential 109.450
Child placement agency to maintain registry 109.455
Persons eligible to use registry 109.460
Persons eligible to register 109.465
Content of affidavit 109.470
Continuing registration by birth parent or putative father 109.475
Processing affidavits 109.480
Counseling of registrant 109.485
Registry information to be maintained permanently 109.490
Limits on releasing information 109.495
Registrant fee 109.500
Genetic, social and health history 109.502
Search for birth parents, putative father, genetic siblings or county where adoption finalized 109.503
Access to adoption records for search 109.504
Effect on subsequent searches when person sought in initial search refuses contact 109.505
Support services 109.506
Rulemaking 109.507
Access to Department of Human Services records required 109.510
Age of majority 109.520
Majority of married persons 109.570
Legislative findings 109.572
Definitions for ORS 109.570 to 109.580 109.575
Authority of relative caregiver to consent to medical treatment and educational services for minor child 109.580
Relative caregiver affidavit 109.610
Right to care for certain sexually transmitted infections without parental consent 109.640
Right to medical or dental treatment without parental consent 109.650
Disclosure without minor’s consent and without liability 109.660
Construction 109.670
Right to donate blood 109.672
Certain persons immune from liability for providing care to minor 109.675
Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent 109.680
Disclosure by mental health care provider without minor’s consent 109.685
Immunity from civil liability for person providing treatment or diagnosis 109.690
Parent or guardian not liable for payment under ORS 109.675 109.695
Rules for implementation of ORS 109.675 to 109.695 109.697
Right to contract for dwelling unit and utilities without parental consent 109.701
Short title 109.704
Definitions for ORS 109.701 to 109.834 109.707
Proceedings governed by other law 109.711
Application to Indian tribes 109.714
International application of ORS 109.701 to 109.834 109.717
Effect of child custody determination 109.721
Priority 109.724
Notice to persons outside state 109.727
Appearance and limited immunity 109.731
Communication between courts 109.734
Taking testimony in another state 109.737
Cooperation between courts 109.741
Initial child custody jurisdiction 109.744
Exclusive, continuing jurisdiction 109.747
Jurisdiction to modify determination 109.751
Temporary emergency jurisdiction 109.754
Notice 109.757
Simultaneous proceedings 109.761
Inconvenient forum 109.764
Jurisdiction declined by reason of conduct 109.767
Information to be submitted to court 109.771
Appearance of parties and child 109.774
Definitions for ORS 109.774 to 109.827 109.777
Enforcement under Hague Convention 109.781
Duty to enforce 109.784
Temporary order for parenting time or visitation 109.787
Registration of child custody determination 109.791
Enforcement of registered determination 109.794
Simultaneous proceedings 109.797
Expedited enforcement of child custody determination 109.801
Service of petition and order 109.804
Immediate physical custody of child 109.807
Warrant to take physical custody of child 109.811
Costs, fees and expenses 109.814
Recognition and enforcement 109.817
Appeals 109.821
Role of district attorney 109.824
Role of law enforcement officer 109.827
Costs and expenses of district attorney and law enforcement officers 109.831
Application and construction 109.834
Severability clause 109.990
Penalty
Green check means up to date. Up to date

Current through early 2024

§ 109.155’s source at oregon​.gov