Support Enforcement

ORS 25.091
Multiple child support judgments

Text
Annotations

(1)

As used in this section:

(a)

“Child support judgment” has the meaning given that term in ORS 25.089 (Enforcement and modification of child support judgments).

(b)

“Governing child support judgment” means a child support judgment issued in this state that addresses child support, including medical support as defined in ORS 25.321 (Definitions for ORS 25), and is entitled to exclusive prospective enforcement or modification with respect to any earlier child support judgment issued in this state.

(2)

Notwithstanding any other provision of this section or ORS 25.089 (Enforcement and modification of child support judgments), when two or more child support judgments exist involving the same obligor and child and one or more of the judgments was issued by a tribunal of another state, the court shall apply the provisions of ORS chapter 110 before enforcing or modifying a judgment under this section or ORS 25.089 (Enforcement and modification of child support judgments).

(3)

When two or more child support judgments exist involving the same obligor and child and the same period, any party to one or more of the child support judgments or the administrator, under ORS 25.531 (Multiple child support judgments), may file a petition with the court for a governing child support judgment under this section. When a matter involving a child is before the court and the court finds that two or more child support judgments exist involving the same obligor and child and the same period, the court on its own motion, and after notice to all affected parties, may determine the controlling terms of the child support judgments and issue a governing child support judgment under this section.

(4)(a) Except as provided in paragraph (b) of this subsection, when two or more child support judgments exist involving the same obligor and child and the same period, and each judgment was issued in this state, there is a presumption that the terms of the last-issued child support judgment are the controlling terms and terminate contrary terms of each earlier-issued child support judgment.

(b)

If the earlier-issued child support judgment requires provision of a specific type of child support and the last-issued child support judgment is silent with respect to that type of child support, the requirement of the earlier-issued child support judgment continues in effect.

(5)

A party may rebut the presumption in subsection (4) of this section by showing that:

(a)

The last-issued child support judgment should be set aside under the provisions of ORCP 71;

(b)

The last-issued child support judgment was issued without prior notice to the issuing court, administrator or administrative law judge that:

(A)

There was pending in this state or any other jurisdiction any type of support proceeding involving the child; or

(B)

There existed in this state or any other jurisdiction another child support judgment involving the child; or

(c)

The last-issued child support judgment was issued after an earlier child support judgment and did not enforce, modify or set aside the earlier child support judgment in accordance with ORS 25.089 (Enforcement and modification of child support judgments).

(6)

When a court finds that two or more child support judgments exist involving the same obligor and child and the same period, and each child support judgment was issued in this state, the court shall set the matter for hearing to determine the controlling terms of the child support judgments. When the child support judgments were issued in different counties of this state, the court may designate an auxiliary court under ORS 25.100 (Designation of auxiliary court in county where party resides or property located).

(7)

Following a review of each child support judgment and any other evidence admitted by the court:

(a)

The court shall apply the presumption in subsection (4) of this section, unless the presumption is rebutted, and shall determine the controlling terms of the child support judgments; and

(b)

Notwithstanding ORS 25.089 (Enforcement and modification of child support judgments) (3), the court shall issue a governing child support judgment addressing child support, including medical support as defined in ORS 25.321 (Definitions for ORS 25), for the benefit of the child.

(8)

The governing child support judgment must include:

(a)

A reference to each child support judgment considered and a copy of the judgment;

(b)

A determination of which terms regarding child support, including medical support as defined in ORS 25.321 (Definitions for ORS 25), are controlling and which child support judgment or judgments contain those terms;

(c)

An affirmation, termination or modification of the terms regarding child support, including medical support as defined in ORS 25.321 (Definitions for ORS 25), in each of the child support judgments;

(d)

Except as provided in subsection (9) of this section, a reconciliation of any child support arrears or credits under all of the child support judgments; and

(e)

The effective date of each controlling term and the termination date of each noncontrolling term in each of the child support judgments. In determining these dates, the court may apply the following:

(A)

A controlling term is effective on the date specified in the child support judgment containing that term or, if no date is specified, on the date the child support judgment was entered as described in ORS 18.075 (Entry of judgments in circuit courts generally).

(B)

A noncontrolling term is terminated on the date the governing child support judgment is entered as described in ORS 18.075 (Entry of judgments in circuit courts generally).

(9)

The court may order the parties, in a separate proceeding under ORS 25.167 (Procedure for determining arrearages) or 25.540 (Notice of intent to establish and enforce arrearages), to reconcile any child support arrears or credits under all of the child support judgments.

(10)

When the governing child support judgment is entered as described in ORS 18.075 (Entry of judgments in circuit courts generally), the noncontrolling terms of each earlier child support judgment are terminated. However, subject to subsection (11) of this section, the entry of the governing child support judgment does not affect any child support payment arrearage or any liability related to medical support, as defined in ORS 25.321 (Definitions for ORS 25), that has accrued under a child support judgment before the governing child support judgment is entered.

(11)

For purposes of reconciling any child support arrears or credits under all of the child support judgments, amounts collected and credited for a particular period under one child support judgment must be credited against the amounts accruing or accrued for the same period under any other child support judgment.

(12)

Not sooner than 30 days and not later than 60 days after entry of the governing child support judgment, a party named by the court, or the petitioner if the court names no other party, shall file a copy of the governing child support judgment with each court or the administrator that issued an earlier child support judgment. A party who fails to file a copy of the governing child support judgment as required by this subsection is subject to monetary sanctions, including but not limited to attorney fees, costs and disbursements. A failure to file does not affect the validity or enforceability of the governing child support judgment.

(13)

This section applies to any judicial proceeding in which child support may be awarded or modified under this chapter or ORS chapter 107, 108 or 109 or ORS 25.501 (Definitions for ORS 25) to 25.556 (Expeditious court hearings), 125.025 (Authority of the court in protective proceedings), 419B.400 (Authority to order support), 419B.923 (Modifying or setting aside order or judgment) or 419C.610 (Authority to modify or set aside orders). [2003 c.146 §3; 2005 c.22 §15; 2005 c.83 §2; 2009 c.351 §6; 2017 c.252 §4; 2019 c.13 §11; 2021 c.597 §46]

Note: See note under 25.089 (Enforcement and modification of child support judgments).