(1) Any minor child or the administrator may, in accordance with ORCP 27 A, apply to the circuit court in the county in which the child resides, or in which the natural or adoptive father or mother of the child may be found, for an order upon the child’s father or mother, or both, to provide for the child’s support. The child or the administrator may apply for the order by filing in the county a petition setting forth the facts and circumstances relied upon for the order. If satisfied that a just cause exists, the court shall direct that the father or mother appear at a time set by the court to show cause why an order of support should not be entered in the matter.
(2) The petitioner shall state in the petition, to the extent known:
(a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the minor child, including a proceeding brought under ORS 25.287, 107.085, 107.135, 107.431, 108.110, 109.103, 109.165, 125.025, 416.400 to 416.465, 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 minor child.
(3) The petitioner shall include with the petition a certificate regarding any pending support proceeding and any existing support order. The petitioner shall use a certificate that is in a form established by court rule and include information required by court rule and subsection (2) of this section.
(4) The judgment of a court under subsection (1) of this section is final as to any installment or payment of money that has accrued up to the time either party makes a motion to set aside, alter or modify the judgment, and the court may not set aside, alter or modify the judgment, or any portion thereof, that provides for any payment of money that has accrued prior to the filing of the motion.
(5) The provisions of ORS 108.120 and 108.130 apply to proceedings under subsection (1) of this section.
(6) In any proceeding under this section, both the child’s physical and legal custodians are parties to the action. [1963 c.497 §2; 1975 c.458 §14; 1979 c.90 §2; 1979 c.284 §100; 1989 c.812 §7; 1993 c.596 §20; 2003 c.73 §55a; 2003 c.116 §8; 2003 c.576 §244]Section: Previous 109.073 109.080 109.090 109.092 109.094 109.096 109.098 109.100 109.103 109.105 109.110 109.112 109.115 109.116 109.118 Next
Last modified: August 7, 2008