Support Enforcement

ORS 25.515
Past support

  • consolidation in court proceeding

(1)

Past support may not be ordered for any period of time prior to the later of:

(a)

The date of the most recent application for service from the Child Support Program administered under Title IV-D of the Social Security Act; or

(b)

In the case of a mandatory referral based on the receipt of public assistance, the date of the last referral to the Child Support Program administered under Title IV-D of the Social Security Act.

(2)

If the administrator has issued a notice and finding of financial responsibility under ORS 25.511 (Notice and finding of financial responsibility) that includes a statement of past support but the administrator or an administrative law judge has not issued an order, and a court proceeding that involves the same obligor and child support for the same child is pending or is commenced after the notice is issued, the administrator may certify all matters under the notice to the court for consolidation in the court proceeding. After the matter is certified to the court, the court may, in the same manner as the administrator, order a parent to pay an amount of past support.

(3)

If the administrator does not certify the matter to the court under subsection (2) of this section and the court’s judgment or order does not address past support, the administrator or an administrative law judge may thereafter issue an order directing a parent to pay an amount of past support. [Formerly 416.422]
Note: See note under 25.501 (Definitions for ORS 25).

Notes of Decisions

Prohibition on collection of “past support” for period before October 1995 does not bar recovery of support qualifying as state debt prior to 1995 amendment. State ex rel Department of Human Resources v. Lewelling, 156 Or App 7, 964 P2d 1104 (1998)

Source

Last accessed
Mar. 11, 2023

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