ORS 108.110: Petition for support of spouse and children; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Any married person may apply to the circuit court of the county in which the married person resides or in which the spouse may be found for an order upon the spouse to provide for support of the married person or for the support of minor children and children attending school, or both, and, if the married person initiating the action for support is a woman who is pregnant, her unborn child, or both, if her spouse is the natural father of such children, children attending school or unborn child or if her spouse is the adoptive parent of such children or children attending school. The married person initiating the action for support may apply for the order by filing in such county a petition setting forth the facts and circumstances upon which the married person relies for such order. If satisfied that a just cause exists, the court shall direct that the married person’s spouse appear at a time set by the court to show cause why an order of support should not be entered in the matter. The provisions of ORS 107.108 apply to an order entered under this section for the support of a child attending school. (2) As used in this section, “child attending school” has the meaning given that term in ORS 107.108. (3) 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 children of the marriage, including a proceeding brought under ORS 25.501 to 25.556, 107.085, 109.100, 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 children of the marriage. (4) 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 (3) of this section. (5) The provisions of this section apply equally regardless of which spouse is making application for a support order. (6) In any proceeding under this section, the obligee, as that person is defined in ORS 110.503, is a party to the proceeding. [Amended by 1963 c.497 §1; 1973 c.827 §12d; 1975 c.140 §1; 1975 c.458 §13; 1979 c.90 §1; 1981 c.669 §2; 1993 c.596 §18; 1995 c.343 §23; 1997 c.704 §54; 2001 c.334 §7; 2003 c.73 §53a; 2003 c.116 §7; 2005 c.560 §16; 2015 c.298 §92; 2015 c.629 §24; 2021 c.597 §61]
This rule cites
- ORS 107.108 — resolved
- ORS 25.501 — resolved
- 25.556 — resolved
- 107.085 — resolved
- 109.100 — resolved
- 125.025 — resolved
- 419B.400 — target_record_not_published
- ORS chapter 110 — target_record_not_published
- ORS 110.503 — resolved
Cited by
- UTCR 8.090: CERTIFICATE REGARDING PENDING CHILD SUPPORT PROCEEDINGS
- ORS 21.155: Domestic relations filing fee.
- ORS 25.287: Proceedings to modify orders to comply with formula; when proceeding may be initiated; issues considered.
- ORS 25.511: Notice and proposed child support order; request for hearing; final child support order.
- ORS 25.527: Motions to modify orders; service; temporary suspension of order during period of significant unemployment.
- ORS 107.085: Petition; title; content.
- ORS 107.108: Support or maintenance for child attending school; rules.
- ORS 107.445: Attorney fees in certain domestic relations proceedings.
- ORS 109.100: Petition for support; effect of judgment; parties.
- ORS 125.025: Authority of the court in protective proceedings.
- OAR 137-055-3200: Pending Judicial Proceedings and Existing Support Orders
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors108.html