Juvenile Code: Dependency

ORS 419B.400
Authority to order support

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The court may, after a hearing on the matter, require the parents or other person legally obligated to support a child alleged to be within the jurisdiction of the court under ORS 419B.100 (Jurisdiction) or a ward to pay toward the child or ward’s support such amounts at such intervals as the court may direct, even though the child or ward is over 18 years of age as long as the child or ward is a child attending school, as defined in ORS 107.108 (Support or maintenance for child attending school).


At least 21 days before the hearing, the court shall notify the Administrator of the Division of Child Support of the Department of Justice, or the branch office providing support services to the county where the hearing will be held, of the hearing. Before the hearing the administrator shall inform the court, to the extent known:


Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the child or ward, including a proceeding brought under ORS 25.287 (Proceedings to modify orders to comply with formula), 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings), 107.085 (Petition), 107.135 (Vacation or modification of judgment), 107.431 (Modification of portion of judgment regarding parenting time or child support), 108.110 (Petition for support of spouse and children), 109.100 (Petition for support), 109.103 (Proceeding to determine custody or support of child), 109.165 (Vacation or modification of judgment), 125.025 (Authority of the court in protective proceedings) or 419C.590 (Authority of court to order support) or ORS chapter 110; and


Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503 (Definitions), involving the child or ward.


The Judicial Department and the Department of Justice may enter into an agreement regarding how the courts give the notice required under subsection (2) of this section to the Department of Justice and how the Department of Justice gives the information described in subsection (2)(a) and (b) to the courts.


The court, in determining the amount to be paid, shall use the scale and formula provided for in ORS 25.275 (Formula for determining child support awards) and 25.280 (Formula amount presumed correct). Unless otherwise ordered, the amounts so required to be paid shall be paid to the Department of Justice or the county clerk, whichever is appropriate, for transmission to the person, institution or agency having legal custody of the child or ward. [1993 c.33 §121; 1997 c.704 §§46,60; 2003 c.116 §16; 2003 c.396 §70a; 2015 c.298 §101]
§§ 419B.500 to 419B.524

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appointment of "independent counsel" to represent the child in every adoption or termination of parental rights proceeding. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When second termination of parental rights proceeding was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first proceeding. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied

Chapter 419B

Notes of Decisions

Due process rights of parents are always implicated in construction and application of provisions of this chapter. Department of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)


Last accessed
Jun. 26, 2021