Support Enforcement

ORS 25.095
Later-issued child support judgment

(1)

As used in this section:

(a)

“Administrator” has the meaning given that term in ORS 25.010 (Definitions for support enforcement laws).

(b)

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

(2)

Notwithstanding the provisions of ORS 25.089 (Enforcement and modification of child support judgments), 25.091 (Multiple child support judgments) and 25.531 (Multiple child support judgments) to the contrary, the terms of a child support judgment originating under ORS 25.529 (Filing order with court) are terminated by the terms of a later-issued child support judgment of a court if:

(a)

The two child support judgments involve the same obligor and child and the same period;

(b)

The administrator is providing services under ORS 25.080 (Entity primarily responsible for support enforcement services);

(c)

The administrator or a court gives the later-issued child support judgment precedence over the earlier-issued child support judgment originating under ORS 25.529 (Filing order with court); and

(d)

All parties had an opportunity to challenge the amount of child support ordered in the later-issued child support judgment.

(3)

Notwithstanding the provisions of ORS 25.091 (Multiple child support judgments) (11) and 25.531 (Multiple child support judgments) (7), for purposes of reconciling any support payment records under the two child support judgments described in subsection (2) of this section:

(a)

The terms of the child support judgment originating under ORS 25.529 (Filing order with court) are deemed terminated on the effective date of the later-issued child support judgment; and

(b)

Entry of the later-issued child support judgment does not affect the amount of any support payment arrearage or credit that has accrued under the earlier-issued child support judgment originating under ORS 25.529 (Filing order with court).

(4)

Any arrearage that accrued under a judgment that is terminated as provided in subsection (2) of this section or that is explicitly terminated by any other later-issued court judgment is subsumed by the later-issued court judgment and is enforceable in the court case in which the later-issued court judgment was entered. [2005 c.83 §1; 2007 c.356 §2; 2015 c.73 §1; 2021 c.415 §1]
Note: 25.095 (Later-issued child support judgment) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Source

Last accessed
Mar. 11, 2023

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