Support Enforcement

ORS 25.080
Entity primarily responsible for support enforcement services

  • duties
  • application fees
  • rules

(1)

The following entity is primarily responsible for providing the support enforcement services described in subsection (4) of this section when an application as described in ORS 25.084 (Assignment of rights or written application required for services) is made, or when an assignment of support rights is made to the state:

(a)

The Division of Child Support of the Department of Justice:

(A)

If support rights are, or were within the past five months, assigned to this or another state; or

(B)

In any case where arrearage under a support order is assigned or owed to or the right to recover back support or state debt is held by this state or another state.

(b)

Except as provided in subsection (6) of this section, the district attorney in cases other than those described in paragraph (a) of this subsection if an application as described in ORS 25.084 (Assignment of rights or written application required for services) is made by the obligee, by the obligor, by a person having physical custody of a minor child or by a child attending school, as defined in ORS 107.108 (Support or maintenance for child attending school).

(2)

The provisions of this section apply to support enforcement services for any order or judgment that is or could be entered under ORS 25.501 (Definitions for ORS 25) to 25.556 (Expeditious court hearings) or 419B.400 (Authority to order support) or ORS chapter 107, 108, 109 or 110. The entity specified in subsection (1) of this section shall provide the support enforcement services on behalf of the State of Oregon and not on behalf of any other party or on behalf of a parent. The Department of Justice shall adopt rules addressing the provision of support enforcement services when the purposes of the state in providing those services may be contradictory in individual cases.

(3)

Notwithstanding the division of responsibility for providing support enforcement services between the Division of Child Support and the district attorney as described in subsection (1) of this section, provision of support enforcement services may not be challenged on the basis that the entity providing the services in a particular case is not the entity responsible for the case under subsection (1) of this section.

(4)

When responsible for providing support enforcement services and there is sufficient evidence available to support the action to be taken, the entity described in subsection (1) of this section:

(a)

Shall establish and enforce any child support obligation;

(b)

Shall establish paternity;

(c)

Shall enforce spousal support when the obligee is living with the obligor’s child for whom support enforcement services are being provided and those services are funded in part by federal moneys;

(d)

May enforce any other order or judgment for spousal support;

(e)

Shall, on behalf of the state, initiate and respond to child support modification proceedings based upon a substantial change of circumstances;

(f)

Shall, on behalf of the state, initiate and respond to child support modification proceedings based upon a modification conducted under ORS 25.287 (Proceedings to modify orders to comply with formula) concerning existing child support orders;

(g)

Shall establish and enforce obligations to provide medical insurance coverage for dependent children;

(h)

Shall ensure compliance with the provisions of 42 U.S.C. 651 to 669 and 45 C.F.R. Chapter III as authorized by state law;

(i)

Shall carry out the policy of the State of Oregon regarding child support obligations as expressed in ORS 25.502 (Policy); and

(j)

Shall ensure that child support orders are in compliance with the formula established by this chapter.

(5)

In any proceeding under subsection (4) of this section, the parties are those described in ORS 25.503 (Parties to support proceedings).

(6)

The district attorney of any county and the department may provide by agreement for assumption by the Division of Child Support of the functions of the district attorney under subsection (1) of this section or for redistribution between the district attorney and the Division of Child Support of all or any portion of the duties, responsibilities and functions set forth in subsections (1) and (4) of this section.

(7)

All county governing bodies and all district attorneys shall enter into child support cooperative agreements with the department. The following apply to this subsection:

(a)

The agreements shall contain appropriate terms and conditions sufficient for the state to comply with all child support enforcement service requirements under federal law; and

(b)

If this state loses any federal funds due to the failure of a county governing body or district attorney to either enter into an agreement under this subsection or to provide sufficient support enforcement service, the county shall be liable to the department for, and the liability shall be limited to, the amount of money the state determines it lost because of the failure. The state shall offset the loss from any moneys the state is holding for or owes the county or from any moneys the state would pay to the county for any purpose.

(8)

The Department of Justice shall enter into an agreement with the Oregon District Attorneys Association to establish a position or positions to act as a liaison between the Division of Child Support and those district attorneys who provide support enforcement services under this section. The department shall fund the position or positions. The Oregon District Attorneys Association shall administer the liaison position or positions under the agreement. The liaison shall work to:

(a)

Enhance the participation and interaction of the district attorneys in the development and implementation of Child Support Program policies and services; and

(b)

Increase the effectiveness of child support enforcement services provided by the district attorneys.

(9)

The district attorney or the Division of Child Support, whichever is appropriate, shall provide the services specified in subsections (1) and (4) of this section to any applicant, but may in their discretion, upon a determination and notice to the applicant that the prospect of successful recovery from the obligor of a portion of the delinquency or future payments is remote, require payment to the district attorney or the Division of Child Support of an application fee, in accordance with an application fee schedule established by rule by the department. If service performed results in the district attorney or the Division of Child Support recovering any support enforcement fees, the fees shall be paid to the applicant in an amount equal to the amount of the application fee.

(10)

An obligee may request the Division of Child Support or a district attorney to cease all collection efforts if it is anticipated that physical or emotional harm will be caused to the parent or caretaker relative or the child for whom support was to have been paid. The department, by rule, shall set out the circumstances under which such requests shall be honored. [Formerly 23.790; 1991 c.758 §1; 1993 c.33 §367; 1995 c.608 §9; 1997 c.704 §16; 2001 c.900 §236; 2003 c.73 §20; 2003 c.576 §295; 2005 c.560 §2; 2009 c.352 §4; 2019 c.13 §8; 2021 c.597 §44]

Notes of Decisions

Where Public Welfare Department was assigned mother’s child support rights pursuant to [former] ORS 418.042, this section did not bar state from seeking vacation of a satisfaction of judgment obtained by father with respect to his support obligation, for state was real party in interest. State ex rel Hansen v. McKay, 31 Or App 631, 571 P2d 166 (1977)

This section creates assignor-assignee relationship between recipient of Aid to Dependent Children and state, and thus mere fact that assignor is required to cooperate with Support Enforcement Division attorney for state-assignee does not establish attorney-client relationship. Gibson v. Johnson, 35 Or App 493, 582 P2d 452 (1978), Sup Ct review denied

District attorney who was not acting as enforcing agency for support order could not seek modification of support order. Gutierrez and Gutierrez, 117 Or App 106, 843 P2d 466 (1992)

District attorney is “responsible for providing support enforcement services” where services are requested and payment records are maintained through Department of Human Resources. Nash and Nash, 126 Or App 39, 867 P2d 528 (1994)

State authority to initiate child support modification action includes cases where child is not receiving public assistance and support is not in arrears. Nash and Nash, 126 Or App 39, 867 P2d 528 (1994)

District attorney holds status as party to modification action, not merely facilitator of action. Hofstetter and Hofstetter, 129 Or App 365, 879 P2d 220 (1994)

Dissolution judgment containing determination of nonpaternity does not preclude district attorney from establishing paternity in support action since district attorney does not act on behalf of party to dissolution action. State ex rel Moran v. Rushman, 177 Or App 290, 33 P3d 999 (2001), Sup Ct review denied

Attorney General Opinions

Support Enforcement Division authority to enforce support orders for children placed in juvenile training schools, (1978) Vol 39, p 369; district attorney refusing to provide support enforcement services, (1979) Vol 40, p 126; acquisition of judgment debtor’s interest in mutual fund to recover moneys owed state, (1994) Vol 47, p 173

Source

Last accessed
Mar. 11, 2023

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