Parent and Child Rights and Relationships

ORS 109.165
Vacation or modification of judgment

  • policy regarding settlement
  • enforcement of settlement terms
  • remedies


Upon motion of either party, the court may set aside, alter or modify any portion of the judgment that provides for the support of the minor child or child attending school, as defined in ORS 107.108 (Support or maintenance for child attending school). As to any installment or payment of money that has accrued up to the time the nonmoving party, other than the state, is served with a motion to set aside, alter or modify the judgment, the judgment is final and the court may not change it. However, the court may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or judgment, during which the obligor, with the knowledge and consent of the obligee or pursuant to court order, has physical custody of the child. A child attending school is a party for purposes of this section.


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


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), 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


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.


The moving 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 subsection (2) of this section.


(a) It is the policy of this state:


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


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.


In a proceeding under subsection (1) of this section, the court may enforce the terms set forth in a stipulated order or judgment signed by the parties, an order or judgment resulting from a settlement on the record or an order or judgment incorporating a settlement agreement:


As contract terms using contract remedies;


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


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


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.


Nothing in paragraph (b) or (c) of this subsection limits a party’s ability, in a separate proceeding, to file a motion to modify an order or judgment under subsection (1) of this section or to seek enforcement of an ancillary agreement to the order or judgment. [1969 c.619 §6; 1973 c.827 §12i; 1989 c.812 §8; 1997 c.704 §58; 1997 c.707 §22; 2001 c.203 §8; 2003 c.116 §10; 2003 c.419 §3; 2003 c.576 §141; 2015 c.298 §95]

Notes of Decisions

Authority of court to approve agreement between parties and incorporate it into its decree implies that without such approval agreement is not binding on court, and cannot prevent access to courts. Fox v. Hohenshelt, 19 Or App 617, 528 P2d 1376 (1974)

Invalidity of support order incorporating agreement must be based on grounds adequate to justify recision of contract. State ex rel Adult & Family Serv. Div. v. Hansen, 54 Or App 47, 634 P2d 256 (1981)

Law Review Citations

69 OLR 713 (1990)

§§ 109.125 to 109.230

Notes of Decisions

Contract enforceable under ORS 109.230 provides additional grounds for enforcing support obligation, but cannot negate obligation of support. Fox v. Hohenshelt, 19 Or App 617, 528 P2d 1376 (1974)

Uniform Child Custody Jurisdiction Act does not apply to paternity action because paternity action is not custody determination. State ex rel Baldwin v. Hale, 86 Or App 361, 738 P2d 1016 (1987)

Chapter 109

Law Review Citations

12 WLJ 569-589 (1976)


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Jun. 26, 2021