ORS 109.100: Petition for support; effect of judgment; parties.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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 parents of the child may be found, for an order upon the child’s parent or parents 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 parents 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, 25.501 to 25.556, 107.085, 107.135, 107.431, 108.110, 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 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 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; 2011 c.595 §124; 2015 c.298 §93; 2021 c.597 §63; 2025 c.592 §120]
This rule cites
- ORCP 27 A — resolved
- ORS 25.287 — resolved
- 25.501 — resolved
- 25.556 — resolved
- 107.085 — resolved
- 107.135 — resolved
- 107.431 — resolved
- 108.110 — resolved
- 109.103 — resolved
- 109.158 — resolved
- 125.025 — resolved
- 419B.400 — target_record_not_published
- ORS chapter 110 — target_record_not_published
- ORS 110.503 — resolved
- ORS 108.120 — resolved
Cited by
- UTCR 8.090: CERTIFICATE REGARDING PENDING CHILD SUPPORT PROCEEDINGS
- ORS 18.398: Denial of homestead exemption when judgment is for child support.
- 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 107.135: Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies.
- ORS 107.431: Modification of portion of judgment regarding parenting time or child support; procedure.
- ORS 108.110: Petition for support of spouse and children; rules.
- ORS 109.103: Proceeding to determine custody or support of child.
- ORS 109.158: Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies.
- ORS 125.025: Authority of the court in protective proceedings.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors109.html