Entity primarily responsible for support enforcement services
- duties
- application fees
- rules
Source:
Section 25.080 — Entity primarily responsible for support enforcement services; duties; application fees; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors025.html.
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
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