Current through Register Vol. 61, No. 4, April 1, 2022
is a judgment for unpaid support, the administrator may ask the court to
require the obligor to post security, bond, or some other guarantee to secure
payment of the overdue support if the following criteria also exist:
(a) The obligor has a poor payment history;
(b) The obligor has assets
which exceed the amount of the support arrears and the arrears cannot be
reached by any other means.
(2) The administrator shall include in the
Motion to Show Cause, a section notifying the obligor of the intent to ask the
court for security, bond, or some other guarantee of payment. This statement
shall constitute advance notice to the obligor of such intent and shall provide
the obligor the opportunity to contest the action.
Notwithstanding the provisions of section
(1) of this rule, use of this procedure shall be considered inappropriate if
the administrator determines:
(a) It is
unlikely that the obligor would be able to secure a bond;
(b) The obligor is unable to pay child
support, pursuant to ORS
(c) A court of appropriate jurisdiction has
ordered that the obligor be exempted from referral due to hardship
circumstances. The obligor must notify the obligee and the administrator when
filing a claim for hardship exemption with a court.
Or. Admin. R.
AFS 25-1990, f. 11-21-90,
cert. ef. 12-1-90; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from
461-195-0237; AFS 5-2001, f. 3-30-01, cert. ef. 4-1-01; AFS 15-2001, f.
7-31-01, cert. ef. 8-1-01; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru
12-28-03, Renumbered from 461-200-4460; DOJ 10-2003, f. 9-29-03, cert. ef.
10-1-03, Renumbered from 461-200-4460
Stat. Auth.: Sec. 2, ch. 73 OL 2003
Stats. Implemented: ORS
25.230 & ORS