Oregon — State Statute

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 obligor’s 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 court’s or administrative law judge’s 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 obligor’s 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 obligor’s 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
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