Support Enforcement

ORS 25.010
Definitions for support enforcement laws


As used in ORS 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings) and ORS chapters 25, 107 and 109 and any other statutes providing for support payments or support enforcement procedures, unless the context requires otherwise:

(1)

“Administrator” means either the Administrator of the Division of Child Support of the Department of Justice or a district attorney, or the administrator’s or a district attorney’s authorized representative.

(2)

“Child” has the meaning given that term in ORS 110.503 (Definitions).

(3)

“Child support rights” means the right to establish or enforce an obligation imposed or imposable by law to provide support, including but not limited to medical support as defined in ORS 25.321 (Definitions for ORS 25.321 to 25.343) and an unsatisfied obligation to provide support.

(4)

“Department” means the Department of Justice.

(5)

“Disposable income” means that part of the income of an individual remaining after the deduction from the income of any amounts required to be withheld by law except laws enforcing spousal or child support and any amounts withheld to pay medical or dental insurance premiums.

(6)

“Employer” means any entity or individual who engages an individual to perform work or services for which compensation is given in periodic payments or otherwise.

(7)

“Income” is any monetary obligation in excess of $4.99 after the fee described in ORS 25.414 (Standard amount to be withheld) (6) has been deducted that is in the possession of a third party owed to a person and includes but is not limited to:

(a)

Compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus or otherwise;

(b)

Periodic payments pursuant to a pension or retirement program;

(c)

Cash dividends arising from stocks, bonds or mutual funds;

(d)

Interest payments;

(e)

Periodic payments from a trust account;

(f)

Any program or contract to provide substitute wages during times of unemployment or disability;

(g)

Any payment pursuant to ORS chapter 657; or

(h)

Amounts payable to independent contractors.

(8)

“Obligee” has the meaning given that term in ORS 110.503 (Definitions).

(9)

“Obligor” has the meaning given that term in ORS 110.503 (Definitions).

(10)

“Order to withhold” means an order or other legal process that requires a withholder to withhold support from the income of an obligor.

(11)

“Public assistance” has the meaning given that term in ORS 25.501 (Definitions for ORS 25.501 to 25.556).

(12)

“Withholder” means any person who disburses income and includes but is not limited to an employer, conservator, trustee or insurer of the obligor. [Formerly 23.760; 1991 c.362 §1; 1993 c.798 §4; 1995 c.608 §1; 1997 c.704 §13; 1999 c.80 §1; 2001 c.334 §2; 2001 c.455 §1; 2003 c.572 §2; 2005 c.560 §1; 2009 c.351 §4; 2015 c.298 §85; 2019 c.13 §5; 2019 c.291 §1]

Notes of Decisions

Federal law that prohibits state courts from dividing military disability benefits between parties during dissolution proceedings does not prohibit state courts from considering those benefits when awarding child support. Morales and Morales, 230 Or App 132, 214 P3d 81 (2009)


Source

Last accessed
Jun. 26, 2021