Oregon State Statutes - Oregon Attorney Directory

(1) If public assistance was being provided at the time an order was entered by the administrator pursuant to ORS 416.415, 416.425, 416.427, 416.430 or 416.455, then either the obligated parent or the party holding the right to receive the monthly support payments pursuant to ORS 416.400 to 416.470 may file, if public assistance is no longer being provided, a motion with the administrator requesting that the amount of the monthly future support payments be redetermined without reference to the present monthly support payments. Such motion must be filed within six months after the closing of the public assistance grant.

(2) The moving party shall state in the motion, to the extent known:

(a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the child, including a proceeding brought under ORS 25.287, 107.085, 107.135, 107.431, 108.110, 109.100, 109.103, 109.165, 125.025, 419B.400 or 419C.590 or ORS chapter 110; and

(b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.303, involving the child, other than the order the party is moving to have redetermined.

(3) The moving party shall include with the motion a certificate regarding any pending support proceeding and any existing support order other than the order the party is moving to have redetermined. The party shall use a certificate that is in a form prescribed by the administrator and include information required by the administrator and subsection (2) of this section.

(4) The motion shall be served by the moving party upon the other party in the manner prescribed for the service of summons in a civil action. A true copy of the motion and a copy of the return of service shall be mailed to the administrator.

(5) The administrator shall have 30 days from receipt of the motion to resolve the matter by stipulated agreement between the parties. If the matter is not resolved by stipulated agreement within 30 days of receipt of the motion, the administrator shall set the matter for hearing pursuant to the provisions of ORS 416.427.

(6) The only support payments which may be modified are the monthly future support payments.

[1979 c.421 §16; 1985 c.671 §41; 1989 c.566 §5; 2003 c.116 §15]

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