Oregon Revised Statutes Chapter 25 § 25.080 — shall provide notice of the presumption to the obligee and obligor and
Oregon Revised Statutes Chapter 25 ·
Oregon Code § 25.080·Enacted ·Last updated March 01, 2026
Statute Text
shall provide notice of the presumption to the obligee and obligor and
shall inform all parties to the support order that, unless a party objects as
provided in subsection (4) of this section, child support shall cease accruing
beginning with the first day of the first month that follows the obligor
becoming incarcerated for a period of at least 180 consecutive days and
continuing through the support payment due in the last month prior to the
reinstatement of the support order as provided in subsection (8) of this
section. The entity shall serve the notice on the obligee in the manner
provided for the service of summons in a civil action, by certified mail,
return receipt requested, or by any other mail service with delivery
confirmation and shall serve the notice to the obligor by regular first class
mail to the obligors last-known address or, if authorized by the obligor, by
electronic mail or other electronic delivery method described by the
administrator by rule. The notice must specify the month in which the obligor
became incarcerated and must contain a statement that the administrator
represents the state and that low-cost legal counsel may be available.
(4) Before the
support order is suspended, a party may object to the presumption by sending an
objection to the entity that served the notice under subsection (3) of this
section within 30 days after the date of service of the notice. The objection
must describe the resources of the obligor or other evidence that rebuts the
presumption of inability to pay child support. The entity receiving the
objection shall cause the case to be set for a hearing before a court or an
administrative law judge. The court or administrative law judge may consider
only whether the presumption has been rebutted.
(5) If no
objection is made under subsection (4) of this section, or if the court or
administrative law judge finds that the presumption has not been rebutted, the
administrator shall discontinue billing the obligor for the period of time
described in subsection (3) of this section and no arrearage shall accrue for
the period during which the obligor is not billed. In addition, the entity
providing child support services shall file with the circuit court in which the
support order or judgment has been entered a copy of the notice described in
subsection (3) of this section or, if an objection is made and the presumption
is not rebutted, a copy of the courts or administrative law judges order.
(6) After the
suspension of a support order, a party may object to the presumption of
inability to pay by sending an objection to the entity that served the notice
under subsection (3) of this section. The objection must describe the evidence
of ability to pay that was not available at the time the order was suspended.
The entity receiving the objection shall cause the case to be set for a hearing
before a court or an administrative law judge. The court or administrative law
judge may consider only whether the presumption has been rebutted. In making
the determination, the court or administrative law judge shall consider any
evidence presented by a party of the expenses an obligor will incur
reintegrating into society following release from incarceration.
(7) If an
objection is made under subsection (6) of this section and the court or
administrative law judge finds that the presumption has been rebutted, the
support order will be reinstated at 50 percent of the previously ordered
support amount on the first day of the first month following the finding by the
court or administrative law judge.
(8) An order that
has been suspended as provided in subsection (3) of this section will
automatically be reinstated at 50 percent of the previously ordered support
amount on the first day of the first month that follows the 120th day after the
obligors release from incarceration.
(9)(a) Within 30
days following reinstatement of the order pursuant to subsection (8) of this
section, the administrator shall provide notice to all parties to the support
order:
(A) Specifying
the last date on which the obligor was incarcerated;
(B) Stating that
by operation of law, billing and accrual of support resumed on the first day of
the first month that follows the 120th day after the obligors release from
incarceration; and
(C) Informing the
parties that the administrator will review the support order for purposes of
modification of the support order as provided in subsection (10) of this
section within 60 days following reinstatement of the order.
(b) The notice
must include a statement that the administrator represents the state and that
low-cost legal counsel may be available.
(c) The entity
providing child support services shall file a copy of the notice required by
paragraph (a) of this subsection with the circuit court in which the support
order or judgment has been entered.
(10) Within 60
days of the reinstatement under su
Plain English Explanation
This Oregon statute addresses shall provide notice of the presumption to the obligee and obligor and
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 25.080
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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