Oregon Revised Statutes Chapter 25 § 25.527 — Motions

Motions to modify orders; service; temporary suspension of order during period of significant unemployment. (1) Any time child support services are being provided under ORS 25.080, the obligor, the obligee, the party holding the support rights or the administrator may move for the existing order to be modified under this section. The motion must be in writing in a form prescribed by the administrator, must set out the reasons for modification and must state the address of the party requesting modification. (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 dependent child, including a proceeding brought under ORS 25.287, 25.511, 107.085, 107.135, 107.431, 108.110, 109.100, 109.103, 109.158, 125.025 or 419B.400 or ORS chapter 110; and (b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503, involving the dependent child, other than the order the party is moving to modify. (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 modify. 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)(a) The moving party shall serve the motion upon the obligor, the obligee, the party holding the support rights and the administrator, as appropriate. The nonrequesting parties must be served in the same manner as provided for service of the notice and proposed order under ORS 25.511 (1)(a). Notwithstanding ORS 25.085, the requesting party must be served by regular first class mail to the requesting party’s last-known address or, if authorized by the requesting party, by electronic mail or other electronic delivery method as described by the administrator by rule. (b) The nonrequesting parties have 30 days to resolve the matter by stipulated agreement or to serve the moving party with a written response setting forth any objections to the motion and a request for hearing. Service under this paragraph to the moving party must be by regular first class mail or, if authorized by the moving party, by electronic mail or other electronic delivery method as described by the administrator by rule. (c) The hearing shall be conducted under ORS 25.513. (5) When the moving party is other than the administrator and no objections and request for hearing have been served within 30 days, the moving party may submit a true copy of the motion to the administrative law judge as provided in ORS 25.513, except the default may not be construed to be a contested case as defined in ORS chapter 183. Upon proof of service, the administrative law judge shall issue an order granting the relief sought. (6) When the moving party is the administrator and no objections and request for hearing have been served within 30 days, the administrator may enter an order granting the relief sought. (7) A motion for modification made under this section does not stay the administrator from enforcing and collecting upon the existing order unless so ordered by the court in which the order is entered. (8) An administrative order filed in accordance with ORS 25.529 is a final judgment as to any installment or payment of money that has accrued up to the time the nonrequesting party is served with a motion to set aside, alter or modify the judgment. The administrator may not set aside, alter or modify any portion of the judgment that provides for any payment of money for minor children that has accrued before the motion is served. However: (a) The administrator may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or judgment, during which the obligor, with the knowledge and consent of the obligee or pursuant to court order, has physical custody of the child; and (b) The administrator may allow a credit against child support arrearages for any Social Security or veterans’ benefits paid retroactively to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of a parent’s disability or retirement. (9) The party requesting modification has the burden of showing a substantial change of circumstances or that a modification is appropriate under the provisions of ORS 25.287. (10) The obligee is a party to all proceedings under this section. (11)(a) Notwithstanding subsections (1) to (10) of this section, any time child support services are being provided under ORS 25.080, upon request of a party to a support order or judgment or on the administrator’s own motion, the administrator may move to suspend the order or judgment and issue a temporary mod