Oregon State Statutes - Oregon Attorney Directory

As used in ORS chapters 25, 107, 109 and 416 and any other statutes providing for support payments or support enforcement procedures, unless the context requires otherwise:

(1) "Administrator" means either the Administrator of the Division of Child Support of the Department of Justice or a district attorney, or the administrator's or a district attorney's authorized representative.

(2) "Child support rights" means the right to establish or enforce an obligation imposed or imposable by law to provide support, including but not limited to medical support and an unsatisfied obligation to provide support.

(3) "Department" means the Department of Justice.

(4) "Disposable income" means that part of the income of an individual remaining after the deduction from the income of any amounts required to be withheld by law except laws enforcing spousal or child support and any amounts withheld to pay medical or dental insurance premiums.

(5) "Employer" means any entity or individual who engages an individual to perform work or services for which compensation is given in periodic payments or otherwise.

(6) "Income" is any monetary obligation in excess of $4.99 after the fee described in ORS 25.414 (6) has been deducted that is in the possession of a third party owed to an obligor and includes but is not limited to:

(a) Compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus or otherwise;

(b) Periodic payments pursuant to a pension or retirement program;

(c) Cash dividends arising from stocks, bonds or mutual funds;

(d) Interest payments;

(e) Periodic payments from a trust account;

(f) Any program or contract to provide substitute wages during times of unemployment or disability;

(g) Any payment pursuant to ORS chapter 657; or

(h) Amounts payable to independent contractors.

(7) "Obligee" means a child or caretaker parent or custodian, spouse, former spouse or other dependent person for whose benefit a court or the administrator has ordered a payment of support.

(8) "Obligor" means any person who has been ordered by a court or the administrator to make payments for the support of a child or a caretaker parent or custodian, spouse, former spouse or other dependent person.

(9) "Order to withhold" means an order or other legal process that requires a withholder to withhold support from the income of an obligor.

(10) "Public assistance" has the meaning given that term in ORS 416.400.

(11) "Withholder" means any person who disburses income and includes but is not limited to an employer, conservator, trustee or insurer of the obligor.

[Formerly 23.760; 1991 c.362 §1; 1993 c.798 §4; 1995 c.608 §1; 1997 c.704 §13; 1999 c.80 §1; 2001 c.334 §2; 2001 c.455 §1; 2003 c.572 §2]

Note: Section 22 (1), chapter 572, Oregon Laws 2003, provides:

Sec. 22. (1) The amendments to ORS 25.010 by section 2 of this 2003 Act apply to support enforcement proceedings initiated and support orders issued before, on or after the effective date of this 2003 Act . [2003 c.572 §22(1)]

[January 1, 2004]

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