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Administrative Rules
Table of Contents
This page contains rules regarding family law for the state of Oregon and Marion
and Polk Counties. The information is divided into the following categories:
The following is taken from the Oregon State Archives web page on Administrative Rules.
To connect to the archive on Administrative Rules, click here.
The Oregon Administrative Rules contain OARs filed through May 15,
2001
DEPARTMENT OF JUSTICE
DIVISION 50
SUPPORT ENFORCEMENT
Procedural Rules
137-050-0300
Agency Represented by Officer or
Employee
(1) Support Enforcement Division
employees are authorized to appear on behalf of the agency in the following
types of hearings:
(a) Administrative Child Support Adjudications pursuant to ORS 416.425(1)(a) and 416.427;
(b) Administrative hearings pursuant to ORS 25.610(6)(b) and 293.250(d);
(c) Hearings regarding the suspension of occupational licenses, certificates, or registrations pursuant to ORS 25.765;
(d) Hearings regarding the establishment, modification and enforcement of interstate child support orders
pursuant to ORS 110.330 to 110.441.
(2) The Attorney General has separately given Oregon Laws 1987, Chapter 833, §1(7) written consent to
officers of employers or representing the agency.
(3) The Agency representative shall not present legal argument in contested cases hearings or give legal advice to
an agency:
(a) Legal argument for purposes of the Oregon Laws 1987, Chapter 833, §1(8) limitation include legal argument on:
(A) The jurisdiction of the agency to hear the contested case;
(B) The constitutionality of a statute or a rule or the application of a constitutional requirement to an agency;
(C) The application of court precedent to the facts of the particular contested case proceeding.
(b) "Legal argument" does not include, and therefore agency representatives may argue:
(A) The application of the facts to the statutes or rules directly applicable to the issues in the contested case;
(B) Comparison of prior actions of the agency conducting the proceeding;
(C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case;
(D) Objection to the relevancy,
materiality or repetitiveness of evidence or the correctness of procedures being followed.
Stat. Auth.: ORS 183.450
Stats. Implemented: ORS 183.450
Hist.: JD 6-1987, f. & ef. 10-16-87; JD 4-1995, f. 2-27-95, cert. ef. 3-1-95
137-050-0320
Definitions
(1) OAR 137-050-0490 constitutes the formula for determining child support awards as required by ORS 25.275. For
purposes of OAR 137-050-0320 to 137-050-0490, unless the context requires otherwise the following definitions shall apply:
(2) "Joint child" means the dependent child who is the son or daughter of both the mother and the father
involved in the support proceeding. In those cases where support is sought from
only one parent of a child, a joint child is the child for whom support is
sought.
(3) "Nonjoint child" means
the legal child of one, but not both of the parents subject to this
determination. Specifically excluded from this definition are stepchildren.
(4) "Gross income" means:
(a) The gross income of the parent
calculated pursuant to OAR 137-050-0340 and 137-050-0350;
(b) The potential income of the parent
calculated pursuant to OAR 137-050-0360 in certain cases where the parent is
unemployed or employed on less than a full time basis;
(c) A combination of gross income and
potential income as calculated under subsections (a) and (b) of this rule; or
(d) The temporary income of the parent
calculated pursuant to OAR 137-050-0365.
(5) "Adjusted gross income"
means gross income less the deductions for pre-existing child support
obligations as allowed by OAR 137-050-0400 and the deductions for nonjoint
children as allowed by OAR 137-050-0400 and either the addition or deduction of
court ordered spousal support as allowed by OAR 137-050-0390.
(6) "Basic child support
obligation" means the support obligation determined by applying the
parent's adjusted gross income, or if there are two parents, their combined
adjusted gross income, to the scale in the manner set out in OAR 137-050-0490.
(7) "Total child support
obligation" means the basic child support obligation determined pursuant to
OAR 137-050-0490 plus the following additions:
(a) Child care costs as allowed by OAR
137-050-0420; and
(b) Medical expenses as allowed by OAR 137-050-0430.
Stat. Auth.: ORS 180.340 & ORS
25.270 – ORS 25.290
Stats. Implemented: ORS 25.270 – ORS 25.290
Hist.: JD 3-1989, f. 10-2-89, cert. ef. 10-3-89; JD 8-1990, f. 11-21-90, cert. ef. 1-1-91; JD 4-1994, f. 10-4-94, cert.
ef. 10-15-94; DOJ 1-1999, f. 1-15-99, cert. ef. 3-1-99; DOJ 4-1999, f. 8-27-99,
cert. ef. 9-1-99
137-050-0330
Computation of Individual Child Support Obligations
(1) To determine the amount of support
owed by a parent, follow the procedure set forth in subsections (1)(a) through
(1)(h) of this rule.
(a) Determine "gross income"
of each parent.
(b) Determine "adjusted gross
income" of each parent, and if there are two parents, the combined
"adjusted gross income."
(c) If there are two parents,
determine the percentage contribution of each parent to the combined adjusted
gross income by dividing the combined adjusted gross income into each parent's
adjusted gross income.
(d) Determine the "basic child
support obligation."
(e) Determine the "total child
support obligation."
(f) Determine each parent's child
support obligation by multiplying the percentage figure from subsection (1)(c)
of this rule by the "total child support obligation."
(g) Adjust the child support
obligation determined in subsection (1)(a) through (f) of this rule in
consideration of health insurance costs as provided in OAR 137-050-0410.
(h) Determine whether the shared
physical custody rule, OAR 137-050-0450, or the split custody rule, OAR
137-050-0460, apply. If they do, then apply them and adjust each parent's child
support obligation pursuant to the applicable rule.
(i) Determine whether the social
security benefits rule, OAR 137-050-0405, applies. If it does, then apply it and
adjust each parent's child support obligation pursuant to the applicable rule.
(2)(a) The amount of child support to
be paid as determined in subsections (1)(a) through (1)(h) of this rule is
presumed to be the correct amount. This presumption may be rebutted by a finding
that the amount is unjust or inappropriate based upon the criteria set forth in
subsections (2)(a)(A) through (2)(a)(P) of this rule. Both the presumed correct
amount and the new amount, in variance from the guidelines, shall be recited as
part of findings which explain the reason for the variance.
(A) Evidence of the other available
resources of the parent;
(B) The reasonable necessities of the
parent;
(C) The net income of the parent
remaining after withholdings required by law or as a condition of employment
including, but not limited to the parent's mandatory contribution to a
retirement plan as a condition of employment;
(D) A parent's ability to borrow;
(E) The number and needs of other
dependents of a parent;
(F) The special hardships of a parent
including, but not limited to, any medical circumstances or extraordinary
visitation travel related costs, if any, of a parent affecting the parent's
ability to pay child support;
(G) The needs of the child including,
but not limited to extraordinary child care costs due to special needs;
(H) The desirability of the custodial
parent remaining in the home as a full-time parent or working less than
full-time to fulfill the role of parent and homemaker;
(I) The tax consequences, if any, to
both parents resulting from spousal support awarded and determination of which
parent will name the child as a dependent; the formula presumes the custodial
parent will have the tax exemption allowed for the child or children;
(J) The financial advantage afforded a
parent's household by the income of a spouse or another person, or persons, with
whom the parent lives in a relationship similar to husband and wife or domestic
partnership.
(K) The financial advantage afforded a
parent's household by benefits of employment including, but not limited to,
those provided by a family owned corporation or self-employment.
(L) Evidence that a child who is
subject to the support order is not living with either parent or is a
"child attending school" as defined in ORS 107.108.
(M) Prior findings in a Judgment,
Order, Decree or Settlement Agreement that the existing support award was made
in consideration of other property, debt or financial awards.
(N) The net income of the parent
remaining after payment of financial obligations mutually incurred.
(O) The tax advantage or adverse tax
effect of a party's income or benefits.
(P) The return of capital.
(b) If the child support presumption is rebutted pursuant to subsection (2)(a) of this rule, a written finding or a
specific finding on the record must be made that the amount is unjust or
inappropriate. That finding must recite the amount that under the guidelines is
presumed to be correct, and must include the reason why the order varies from
the guidelines amount. A new support amount shall be calculated by determining
an appropriate dollar value to be attributed to the specific criteria upon which
the finding was based and by making an appropriate adjustment to the
calculation.
(3) Although a monetary obligation is
computed for each parent, only the non-custodial parent will be ordered to pay
support except in shared custody and split custody cases.
Stat. Auth.: ORS 180.340 & ORS
25.270 – ORS 25.290
Stats. Implemented: ORS 25.270 – ORS
25.290
Hist.: JD 3-1989, f. 10-2-89, cert. ef.
10-3-89; JD 8-1990, f. 11-21-90, cert. ef. 1-1-91; JD 3-1992, f. 3-3-92, cert.
ef. 5-1-92; JD 7-1993, f. 11-3-93, cert. ef. 11-4-93; JD 4-1994, f. 10-4-94,
cert. ef. 10-15-94; DOJ 1-1999, f. 1-15-99, cert. ef. 3-1-99; DOJ 4-1999, f.
8-27-99, cert. ef. 9-1-99; DOJ 8-1999(Temp), f. & cert. ef. 11-22-99 thru
3-10-00; DOJ 1-2000, f. 2-6-00, cert. ef. 2-7-00
COMMENTARY
TO 137-050-0330(2)(a)(A)
“Evidence
of the other available resources of the parent” may include any income earned
as overtime, not already included in gross income.
The drafters note that overtime earnings are generally included in
quarterly or annual earnings reports and should be considered as part of regular
gross income. Evidence of overtime
earnings not included in quarterly or annual reports is “evidence of other
available resources of the parent.”
COMMENTARY
TO 137-050-0330(2)(a)(C)
Language
has been added to this rebuttal to clarify that employee contributions to a
retirement plan that is required as a condition of employment may make a
significant impact on a parent’s ability to pay the presumed amount of child
support. In order to be considered
by the trier of fact, any deduction must be mandatory and significantly reduce
the income that is available to the parent.
COMMENTARY
TO 137-050-0330(2)(a)(F)
No
substantive changes have been made to this subsection.
However, two changes in semantics have been made to clarify the
following:
There
has been some confusion on the part of child support practitioners and parents
that extraordinary visitation costs must be related to “medical
circumstances” to create a special hardship for a parent.
This is not the case. The
drafters, therefore, changed the “and” to “or” to clarify that
visitation costs do not need to occur in conjunction with medical costs.
When
a parent travels a distance to fulfill parenting time, costs other than mileage
may be incurred, especially if the distance requires an overnight stay.
Therefore, the drafters have changed "transportation” to
“travel-related.” Such costs
must still be “extraordinary” and impact the presumed correct child support
amount. See also 1994
Guidelines Commentary.
COMMENTARY
TO 137-050-0330(2)(a)(G)
The
drafters declined requests to add another rebuttal criterion that would include
a child’s earnings or property. The
drafters adopt the Court of Appeals’ analysis in Redler and Redler, 153
Or App 135 (1998)(review pending in Oregon Supreme Court), that a child’s
earnings may be considered as a possible basis for departing from the presumed
support amount if there is evidence that those earnings impact “the needs of
the child.” Such earnings,
therefore, should be extraordinary, e.g., a large personal injury settlement, a
significant trust fund, etc., and does not include a teenager’s part-time
employment. In the vast majority of
cases, a child’s earnings or property should not impact a parent’s
responsibility to contribute to the support of his or her child.
To conclude otherwise would negatively impact the parent-child
relationship and provide a disincentive for children to obtain experience in the
workforce. On a related but
distinctly different issue, please see OAR 137-050-0405 for the treatment
of social security benefits received on behalf of a child.
COMMENTARY TO 137-050-0330(2)(a)(O)
At
(2)(a)(O) of this rule, “tax free” has been changed to “tax advantage.” This is to clarify that a “tax advantage” may result in a
situation in which a rebuttal may be appropriate even though the party’s
income or benefit is not actually “tax free.”
See 1994 Guidelines Commentary for a greater explanation of this
rebuttal.
SEE ALSO 1991 GUIDELINES COMMENTARY TO RULE
137-50-330
CHAPTER 8
Domestic Relations Proceedings
8.010 ACTIONS FOR DISSOLUTION OF
MARRIAGE, SEPARATE MAINTENANCE AND ANNULMENT, AND CHILD SUPPORT
(1) Together with the original petition, the attorney for a petitioner, or if
unrepresented, a petitioner, must file with
the trial court administrator a certificate of residency establishing that one
or both of the parties currently resides in the county in which the petition is
being filed. Any petition tendered without a
certificate of residency must be returned forthwith by the
trial court administrator to the person who submitted the petition for filing,
together with any tendered filing fee.
(2) Petitioners, when providing service on respondents, must attach to the
petition a copy of the Notice to Parties of A
Marriage Dissolution as required by ORS 107.092. Copies of the
notice may be obtained from the trial court administrator's office.
(3) Unless otherwise ordered by the court, decrees in all uncontested actions
for annulment or dissolution of marriage or
for separation shall be entered on the basis of the affidavit set
forth in ORS 107.095(4) in lieu of a hearing on the merits.
(4) In any contested dissolution of marriage, separate maintenance or
annulment action, each party must file with
the trial court administrator and serve on the other party a statement listing
all marital and other assets and liabilities, the claimed value for each asset
and liabilities and the proposed distribution
of the assets and liabilities.
(5) In any contested child support proceeding under ORS chapters 107, 108, or
109 wherein child support or spousal support
is contested, each party must file with the trial court administrator
and serve on the other party a Uniform Support Affidavit in the form specified
in the Appendix of Forms to these rules. A Uniform Support Affidavit required by this subsection must be completed as follows:
(a) If no party seeks spousal support or deviation from the uniform child
support guidelines, the parties must complete the affidavit and attachments required
for the affidavit, but the parties need not complete the schedules or attachments to
the schedules.
(b) If any party seeks spousal support or any deviation from the uniform
child support guidelines, all parties must complete the affidavit and all schedules and the attachments for all of them.
(6) The documents required to be filed under subsections (4) and (5) above
must be filed and served:
(a) at the time designated in the relevant SLR;
(b) in the absence of an SLR thereof, not less than 14 days before the
hearing on the merits unless both parties stipulate otherwise, but in any event by the
beginning of trial.
(7) No judgment under this chapter shall be signed, filed or entered without
the filing with the trial court administrator of all relevant documents, including all of the
following:
(a) An affidavit of completed service.
(b) An affidavit of nonmilitary service and the proposed order of default, if
the respondent is in default.
(c) The affidavit described in ORS 107.095(4) if the matter is uncontested.
(d) A completed Oregon State Health Division Record of Dissolution of
Marriage form.
(e) If child support or spousal support is an issue, a Uniform Support
Affidavit for each party, except where that issue is resolved by stipulation or default. A
Uniform Support Affidavit required by this paragraph must be completed as follows:
(i) If no party seeks spousal support or deviation from the uniform child
support guidelines, the parties must complete the affidavit and attachments required
for the affidavit; but the parties need not complete the schedules or attachments
to the schedules.
(ii) If any party seeks spousal support or any deviation from the uniform
child support guidelines, all parties must complete the affidavit and all schedules
and the attachments for all of them.
(f) If child support is an issue, the SED work sheets described under UTCR
8.060.
(g) A proposed judgment.
(8) Parties who have been ordered to submit a proposed judgment in cases
involving child or spousal support must submit the original and one copy to the trial court
administrator.
8.020 SUPPORT ORDERS
Every proposed order or judgment providing for the support of any person
under ORS chapters 107, 108, 109, 110, 416 or 419A, 419B, or 419C, or modifying any order or
judgment for support of any person under those chapters, must set forth the due date of
the first support payment to be made thereunder, the means of payment and the person to whom
payment must be made.
8.030 SUPPORT ORDER ABSTRACTS
A support order abstract, as set out in the Appendix of Forms to these rules,
is required when the first order or judgment for support is made. Thereafter, support order
abstracts are required only when there is a change in the address of the support obligee or
obligor, the number of dependents or the amount of support. Blank support order abstract
forms may be obtained from the trial court administrator.
8.040 PREJUDGMENT RELIEF UNDER ORS 107.095(1)
(1) An order for relief authorized by ORS 107.095(1) may be granted on motion
supported by affidavit setting forth sufficient facts to establish a right to the
requested relief.
(2) Any motion regarding temporary custody of a minor child must be supported
by an affidavit which must state the present location of the minor child, the
person with whom the child presently resides, the persons with whom and the places where the
child has resided for the last 6 months, including the length of time with each person
and at each residence, and the reasons why a temporary custody order is sought.
(3) Any motion regarding temporary support must be accompanied by a Uniform
Support Affidavit in the form specified in the Appendix of Forms to these rules. A
Uniform Support Affidavit required by this subsection must be completed as follows:
(a) If no party seeks spousal support or deviation from the uniform child
support guidelines, the parties must complete the affidavit and attachments required
for the affidavit; but parties need not complete any of the schedules or attachments
to the schedules.
(b) If any party seeks spousal support or any deviation from the uniform
child support guidelines, all parties must complete the affidavit and all schedules and the
attachments for all of them.
(4) At least 7 days before the hearing, the opposing party also must serve
and file a Uniform Support Affidavit on the moving party, when support is to be an issue. A
Uniform Support Affidavit required by this subsection must be completed as provided for
completion of the affidavit under subsection (3) of this section.
8.050 JUDGMENT MODIFICATION PROCEEDINGS
(1) Modification proceedings must be initiated by an order to show cause
based on a motion supported by an affidavit setting forth the factual basis for the motion.
When support is to be an issue, a Uniform Support Affidavit, as set out in the Appendix of Forms
to these rules, must also be filed with the motion and completed as provided in
subsection (5) of this section.
(2) The order to show cause must be served by delivering a certified copy
thereof, together with a certified copy of the motion, affidavit and Uniform Support Affidavit,
if applicable, in the manner necessary to obtain jurisdiction.
(3) At least 7 days before the hearing, the opposing party also must serve
and file a Uniform Support Affidavit on the moving party, when support is to be an issue. The
Uniform Support Affidavit must be completed as provided in subsection (5) of this
section.
(4) If public assistance is being provided to the minor child(ren), however,
and the Support Enforcement Division (SED) of the Department of Justice either initiates or
responds to a support modification proceeding, SED must be allowed to file and serve, in
lieu of the Uniform Support Affidavit, an affidavit which sets out the following
information:
(a) The name of the legal or physical custodian of the child(ren).
(b) The name and date of birth of each child for whom support modification is
being sought.
(c) A statement of the amount of public assistance being provided.
(d) A statement of the value of food stamps being provided.
(e) A statement of whether medical insurance (Medicaid) is being provided.
(f) A statement of any other known income of the physical custodian.
(g) A statement concerning any special circumstances which might affect the determination of support.
(5) When a Uniform Support Affidavit is required by this section, it must be
completed as follows:
(a) If no party seeks spousal support or deviation from the uniform child
support guidelines, the parties must complete the affidavit and attachments required
for the affidavit; but the parties need not complete any of the schedules or
attachments to the schedules.
(b) If any party seeks spousal support or any deviation from the uniform
child support guidelines, all parties must complete the affidavit and all schedules and the attachments for all of them.
8.060 FILING SED WORK SHEETS REQUIRED IN CHILD SUPPORT CASES
Parties must submit the completed Support Enforcement Division (SED) child
support computation work sheets that are appended to OAR 137-50-320 to 137-50-490 as
required by the following:
(1) If child support is an issue at the time of trial, the UTCR 8.010
statement of each party must include the work sheets.
(2) If child support is awarded, the judgment must incorporate the work sheet
as an exhibit evidencing the basis for the court's award.
(3) In cases involving temporary child support, the moving party must serve
the adverse party with the work sheets, and financial affidavits filed by parties with the
court must include the work sheets.
(4) If child support is an issue at the time of hearing, each party must
submit the work sheets to the court.
(5) If an award of child support is modified, the amending judgment must
incorporate the work sheet as an exhibit evidencing the basis for the court's award.
CHAPTER 8
DOMESTIC RELATIONS PROCEEDINGS
8.011 Parent Education Program
(1) Mandatory Parent Education Program.
(a) A parent education program of the type authorized by ORS 3.425 is
established. The program shall provide information on the impact of family
restructuring on children to each person named as a party in the following
types of proceedings, when such proceedings involve minor children:
(i) Annulment or dissolution of marriage,
(ii) Legal separation,
(iii) Petition to establish custody or parenting plans (including paternity), and
(iv) Post-judgment litigation involving custody or parenting plans.
(b) Each party who files an appearance in a proceeding of the
types described above shall complete the program unless exempted by the Court. A
final judgment shall not be entered in the proceeding until each party not
otherwise exempted by the Court who has filed an appearance has completed the
program.
(c) The party initiating the proceeding shall register for
the program within 15 days after filing the initiating pleading with the Court.
A copy of this local rule and instructions on how to register for the program
shall be served by the initiating party on all parties against whom relief is
sought. Service shall be completed in the manner provided in ORCP 7 at the time
the initiating documents are served. All other parties shall have 30 days after
service of the notice upon them to register for the program.
(d) The clerk shall provide a copy of this rule to the
initiating party for service upon all parties against whom relief is sought,
together with a statement describing the program including contact telephone
numbers, addresses, and statement of costs.
(e) The program provider shall issue a certificate of
completion when the participant has completed the program. The certificate must
be filed with the Court.
(f) The Court may exempt one or both parties from the program
if, after reviewing the requesting party's motion and supporting affidavit, the
Court determines that participation is unnecessary or inappropriate.
(2) Sanctions.
(a) Failure or refusal to complete the program in a
timely manner shall be considered by the Court in making its ruling on issues which are in dispute.
(b) A party who has completed the program shall have the
right to:
(i) Request that the pleadings of a party who has
appeared be stricken if that party has not completed the program in a timely manner without good reason.
(ii) Request entry of an order from the Court to compel the
noncomplying party's completion of the program should the noncomplying party not
have completed the program in a timely manner without good reason. The Court may
enter an award of attorney fees in favor of the complying party who utilizes
this option to force the noncomplying party's compliance with this rule.
(3) Fees.
(a) Each party shall pay a fee of $45 to the program provider upon
registering for the program.
(b) The program registration fee may be waived or defer-red by the Court.
The procedure for requesting a fee waiver or deferral shall be the same as used to request a
waiver or deferral of the fee when filing a petition for dissolution.
(c) Application for fee waiver or deferral, if any, must be
made prior to registering for the program When registering, either the fee must
be paid or the order waiving or deferring the fee must be provided to the
program provider.
[Adopted 2/l/97; amended 2/l/98; 2/l/99]
8.013 Statements of Assets
(1) In lieu of the filing of separate statements of assets
and liabilities, values and proposed distribution, as provided by UTCR, counsel
for the parties may file a single joint statement containing a single list of
those assets and liabilities (described individually or by groupings, as counsel
may agree) which either or both parties claim to be subject to distribution by
the Court. Such single joint statements shall set forth, opposite the
description of each listed asset and liability (or assets and liabilities by
grouping), a separate listing of each party's valuation and proposal for
distribution of such asset or liability or a statement that such asset or
liability is not subject to distribution by the Court, or that, for the reasons
stated, the value of the asset or liability should not be taken into account by
the Court in the division and distribution of the parties' assets and
liabilities.
(2) In the event counsel for the parties file separate
statements pursuant to UTCR, such statements must include all assets and
liabilities which either or both parties claim to be subject to distribution by
the Court; must contain identical descriptions of such assets and liabilities
(either individually or by grouping); must list the assets and liabilities in
the same order; and must include the filing party's position that the asset or
liability is not subject to distribution by the Court, or, that for the reasons
stated, the value of the asset or liability should not be taken into account by
the Court in the division and distribution of the parties' assets and
liabilities.
(3) Statements of assets and liabilities, whether filed
jointly or separately, shall, to the extent possible, also reflect the
following:
(a) Disputed property should be grouped, separate from undisputed
property;
(b) Subtotals should be reflected for each category and grouping;
(c) Wholesale and retail bluebook values should be listed for all vehicles listed; and
(d) Assets and liabilities should be divided into short- and long-term categories.
[Amended 6/17/88; renumbered 2/l/92; amended 211/93; 2/l/97]
8.015 Referees (Special Masters)
Where the use of referees under ORCP 65 is appropriate in domestic relations matters, SLR 5.045 shall apply.
[Adopted 2/l/97]
8.017 Motion for Order of Default; Time for Service
and Appearance
Any party who has appeared in a domestic relations action in
response to a contempt proceeding or to motions for temporary relief in such
action, but who has not filed a response to the petition in such action, shall
be entitled to be served with a copy of any motion for the entry of an order
adjudicating his or her default in such action and with a copy of any motion for
the entry of a default judgment against him or her, at least IO days (plus 3
additional days if service is accomplished by mail) before the entry of such
order or such judgment. Further, the motion for the default or for the default
judgment shall request that such relief be granted only if the opposing party
does not appear in response to the petition within IO days from the date of the
motion.
[Amended 6/17/88; renumbered 2/l/92; 2/l/97]
8.061 Show Cause Orders, Other Than for Contempt
The provision of SLR 5.065 shall apply in domestic relations
actions.
[Adopted 2/l/93]
8.075 Parenting Plans
The Court utilizes a presumptive parenting plan guideline,
which is incorporated within these rules as Appendix B.
[Adopted 2/l/93; amended 2/l/97]
CHAPTER 8
DOMESTIC RELATIONS PROCEEDINGS
8.045 Temporary Custody Orders
Pre-judgment custody and visitation/parenting time orders are
controlled by ORS 107.095 and 107.097; and hearings under subsection (4)(b) of
ORS 107.097, shall be scheduled for the second Monday following receipt
of the request for hearing, at 10:00 a.m. In the event the second Monday
is a holiday, the hearing shall be scheduled for the third Monday following the
filing of the request for hearing at 10:00 a.m.
[Adopted 2/l/93; amended 2/l/95; 2/l/96; 2/l/97]
8.055 Temporary Custody Orders-Modifications
Temporary status quo orders to modify a judgment that awards
custody of a child shall be controlled by and pursuant to ORS 107.138. Hearings
pursuant to ORS 107.138 shall be scheduled in the same manner as hearings under
subsection (4)(b) of ORS 107.097.
[Adopted 2/l/97]
8.071 Personal Appearance Required for Show
Cause Order of Contempt: Moving Party's Failure to Appear for Hearing; Time for Hearing: Content of Order
(1) A show cause order for contempt of court shall be
contained in a separate document from any show cause order or orders for other relief. Such orders shall
require the responding party to personally appear in Court at the time
established by the Court which shall be at least 14 days after the date of
service of the order on the responding party. The moving party must also appear
and be prepared to proceed at the time and date stated in the order, unless
previous arrangements have been made with the Court by the parties or their
attorneys to have the matter specially set for hearing.
(2) In the absence of such arrangements, the failure of the
moving party to appear at the stated date and time, or to be prepared to proceed
at such time, will result in dismissal of the contempt proceeding unless the
Court finds extenuating circumstances and orders the continuation of the
proceedings.
(3) The hearing will be held at the date and time stated in
the order unless the Court orders the matter to be specifically set for hearing
at a later date in order for counsel for the responding party to be retained by
the responding party or appointed by the Court, or because the hearing will be
protracted.
(4) Every show cause order for contempt of Court shall contain the following notice:
NOTICE
You must personally appear in the above-entitled Court
and case at the date and time specified in this order. If you fail to appear in
court at such date and time, you may be arrested and held in custody for the
purpose of being brought before the Court to answer the contempt charges which
have been made against you.
[Adopted 2/l/88; renumbered and amended 2/l/931
8.075 Show Cause Orders
All motions for show cause orders, other than for contempt of
Court, must separately state each item of relief requested by the moving party.
Such orders may not state the requested relief by reference to a supporting
affidavit.
All show cause orders, other than for contempt of court,
shall specify as a response date any date certain selected by the moving party,
other than a Saturday, Sunday or other judicial holiday, which is at least
fourteen (I 4) days after the date of the order. Such orders shall require the
opposing party to respond by filing an answer in writing to the order on or
before the response date specified in the order, or within fourteen (14) days
from the date of the service of the order upon the opposing party, whichever is
later. The motion for the show cause order must be served upon the opposing
party along with the order, and the order must contain or have attached to it a
notice which is in substantial conformity with the specimen notice set forth in
Appendix 1 to these rules.
In the event the opposing party fails to file a written
appearance in response to a show cause order on or before the appearance date
specified in the order, or within fourteen (14) days from the date of service of
the order upon the opposing party, whichever is later, then at any time
thereafter and while the opposing party remains in default for want of such
written appearance, the moving party may present ex parte an order granting the
relief sought by the moving party, provided the return of service of the show
cause order has been filed of record or is presented with the proposed ex parte
order. Upon presentation of the proposed ex parte order, the Court, in its
discretion, may allow the requested relief ex parte or it may direct that a
hearing be scheduled for the presentation of a prima facie case in support of
the relief sought by the moving party.
[Adopted 2/l/88; amended 2/l/90; 2/l/91; 2/l/93]
8.085 Visitation/Parenting Time
The 12th Judicial District has adopted a "standard visitation/parenting
time schedule" which is a starting point for establishing a time-sharing
arrangement between parents, subject to other stipulation of the parties or
other order of the Court. The "standard visitation/parenting time
schedule" is set forth in Appendix 2.
[Adopted 2/l/88; amended 2/l/90; 2/l/97; 2/l/98]
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