Terms Used In Oregon Statutes > Chapter 110 - Uniform Interstate Family Support Act

• Adjudicated youth: means a person who has been found to be within the jurisdiction of the juvenile court under ORS § 419C. See Oregon Statutes 419A.004
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Articles of incorporation: means the articles described in ORS § 60. See Oregon Statutes 60.001
• Articles of organization: means the document described in ORS § 63. See Oregon Statutes 63.001
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authorized representative: means an agent designated in a written statement signed by the registrant or other qualified applicant, the signing of which was witnessed. See Oregon Statutes 432.005
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Certified copy: means the document, in either paper or electronic format, issued by the State Registrar of the Center for Health Statistics and containing all or a part of the information contained on the original vital record, and which, when issued by the state registrar, has the full force and effect of the original vital record. See Oregon Statutes 432.005
• Certifier: means a person required to attest to the accuracy of information submitted on a report. See Oregon Statutes 432.005
• Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Oregon Statutes 110.503
• Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Oregon Statutes 110.503
• Conservator: means a person appointed as a conservator under the provisions of this chapter. See Oregon Statutes 125.005
• Continuance: Putting off of a hearing ot trial until a later time.
• Convention: means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. See Oregon Statutes 110.503
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Court: means the juvenile court. See Oregon Statutes 419A.004
• Court administrator: means a trial court administrator in a circuit court that has a trial court administrator and the clerk of the court in all other courts. See Oregon Statutes 18.005
• Court of competent jurisdiction: means a court within the United States with jurisdiction over a person subject to regulation under this chapter. See Oregon Statutes 432.005
• Date of registration: means the month, day and year a vital record is incorporated into the official records of the Center for Health Statistics. See Oregon Statutes 432.005
• Dead body: means a human body or such parts of such human body from the condition of which it reasonably may be concluded that death occurred. See Oregon Statutes 432.005
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Human Services. See Oregon Statutes 419A.004
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distribution: means a direct or indirect transfer of money or other property, except of a corporation's own shares, or a corporation's incurrence of indebtedness to or for the benefit of the corporation's shareholders in respect of any of the corporation's shares, in the form of a declaration or payment of a dividend, a purchase, redemption or other acquisition of shares, a distribution of indebtedness, or otherwise. See Oregon Statutes 60.001
• Distribution: means a direct or indirect transfer of money or other property, except of a limited liability company's own interests, or a limited liability company's incurrence of indebtedness to or for the benefit of the limited liability company's members in respect of a member's interests, whether in the form of a declaration or payment of profits, a purchase, retirement or other acquisition of interests, a distribution of indebtedness, or otherwise. See Oregon Statutes 63.001
• Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support. See Oregon Statutes 110.503
• Electronic signature: means an electronic sound, symbol or process attached to or logically associated with a contract or other record that is executed or adopted by a person with the intent to attest to the accuracy of the facts in the record. See Oregon Statutes 432.005
• Entity: means a domestic or foreign limited liability company, corporation, professional corporation, foreign corporation, domestic or foreign nonprofit corporation, domestic or foreign cooperative corporation, profit or nonprofit unincorporated association, business trust, domestic or foreign general or limited partnership, two or more persons that have a joint or common economic interest, any state, the United States, a federally recognized Native American or American Indian tribal government or any foreign government. See Oregon Statutes 63.001
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Facts of live birth: means the name of the child, date of birth, place of birth, sex and parent's name or parents' names appearing on the record of live birth. See Oregon Statutes 432.005
• Fetal death: means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that is not an induced termination of pregnancy. See Oregon Statutes 432.005
• Fiduciary: means a guardian or conservator appointed under the provisions of this chapter or any other person appointed by a court to assume duties with respect to a protected person under the provisions of this chapter. See Oregon Statutes 125.005
• Final disposition: means the burial, interment, cremation, reduction, removal from the state or other authorized disposition of a dead body or fetus, except that when removal from the state is conducted by the holder of a certificate of removal registration issued under ORS § 692. See Oregon Statutes 432.005
• Financially incapable: means a condition in which a person is unable to manage financial resources of the person effectively for reasons including, but not limited to, mental illness, mental retardation, physical illness or disability, chronic use of drugs or controlled substances, chronic intoxication, confinement, detention by a foreign power or disappearance. See Oregon Statutes 125.005
• Foreign country: means a country, or a political subdivision of a country, other than the United States, that authorizes the issuance of support orders and:

  (a) That has been declared under the law of the United States to be a foreign reciprocating country;

  (b) That has established a reciprocal arrangement for child support with this state as provided in ORS § 110. See Oregon Statutes 110.503

• Foreign support order: means a support order of a foreign tribunal. See Oregon Statutes 110.503
• Foreign tribunal: includes a competent authority under the Convention. See Oregon Statutes 110.503
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gender identity: means an individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. See Oregon Statutes 174.100
• Guardian: means a person appointed as a guardian under the provisions of this chapter. See Oregon Statutes 125.005
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Home state: means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with the parent or person acting as parent. See Oregon Statutes 110.503
• Human remains: means a dead body. See Oregon Statutes 432.005
• Incapacitated: means a condition in which a person's ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person's physical health or safety. See Oregon Statutes 125.005
• Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. See Oregon Statutes 110.503
• Income withholding order: means an order or other legal process directed to an obligor's employer or other debtor issued pursuant to ORS § 25. See Oregon Statutes 110.503
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Induced termination of pregnancy: means the purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant and that does not result in a live birth. See Oregon Statutes 432.005
• Initiating tribunal: means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. See Oregon Statutes 110.503
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institution: means any establishment, public or private, that provides inpatient or outpatient medical, surgical or diagnostic care or treatment or nursing, custodial or domiciliary care, or to which persons are committed by law. See Oregon Statutes 432.005
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interment: means the disposition of human remains by entombment or burial. See Oregon Statutes 432.005
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Oregon Statutes 110.503
• Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Oregon Statutes 110.503
• judicial department: means the Supreme Court, the Court of Appeals, the Oregon Tax Court, the circuit courts and all administrative divisions of those courts, whether denominated as boards, commissions, committees or departments or by any other designation. See Oregon Statutes 174.113
• Juvenile court: means the court having jurisdiction of juvenile matters in the several counties of this state. See Oregon Statutes 419A.004
• Law: includes decisional and statutory law and rules and regulations having the force of law. See Oregon Statutes 110.503
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal representative: means a licensed attorney representing the registrant or other qualified applicant. See Oregon Statutes 432.005
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Live birth: means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Oregon Statutes 432.005
• Manage financial resources: means those actions necessary to obtain, administer and dispose of real and personal property, intangible property, business property, benefits and income. See Oregon Statutes 125.005
• Manager: means a person, not necessarily a member, that the members of a manager-managed limited liability company designate to manage the limited liability company's business and affairs. See Oregon Statutes 63.001
• Medical certifier: means a physician, physician assistant or nurse practitioner licensed under the laws of this state or under the laws of Washington, Idaho or California who has treated a decedent within the 12 months preceding death. See Oregon Statutes 432.005
• Member: means a person with both an ownership interest in a limited liability company and all the rights and obligations of a member specified under this chapter. See Oregon Statutes 63.001
• Minor: means any person who has not attained 18 years of age. See Oregon Statutes 125.005
• Money award: means a judgment or portion of a judgment that requires the payment of money. See Oregon Statutes 18.005
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Oath: A promise to tell the truth.
• Obligor: means an individual, or the estate of a decedent, that:

  (a) Owes or is alleged to owe a duty of support;

  (b) Is alleged but has not been adjudicated to be a parent of a child;

  (c) Is liable under a support order; or

  (d) Is a debtor in a proceeding under ORS § 110. See Oregon Statutes 110.503

• Operating agreement: means any valid agreement, written or oral, of the member or members as to the affairs of a limited liability company and the conduct of the limited liability company's business. See Oregon Statutes 63.001
• Outside this state: means a location in another state or a country other than the United States, whether or not the country is a foreign country. See Oregon Statutes 110.503
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity. See Oregon Statutes 110.503
• Person: means an individual or entity. See Oregon Statutes 63.001
• person with a disability: means any person who:

  (a) Has a physical or mental impairment which substantially limits one or more major life activities;

  (b) Has a record of such an impairment; or

  (c) Is regarded as having such an impairment. See Oregon Statutes 174.107

• Personal property: All property that is not real property.
• Physician: means a person authorized to practice medicine, chiropractic or naturopathic medicine under the laws of this state or under the laws of Washington, Idaho or California, a physician assistant licensed under ORS § 677. See Oregon Statutes 432.005
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Proceeding: means any threatened, pending or completed action, suit or proceeding whether civil, criminal, administrative or investigatory and whether formal or informal. See Oregon Statutes 63.001
• Protected person: means a person for whom a protective order has been entered. See Oregon Statutes 125.005
• Protective order: means an order of a court appointing a fiduciary or any other order of the court entered for the purpose of protecting the person or estate of a respondent or protected person. See Oregon Statutes 125.005
• Protective proceeding: means a proceeding under this chapter. See Oregon Statutes 125.005
• public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Oregon Statutes 110.503
• Record: means a report that has been registered by the state registrar. See Oregon Statutes 432.005
• Record of foreign live birth: means a document registered by the state registrar for a person born in a foreign country who may or may not be a citizen of the United States and who was adopted under the laws of this state. See Oregon Statutes 432.005
• Records: means any information in written form, pictures, photographs, charts, graphs, recordings or documents pertaining to a case. See Oregon Statutes 419A.004
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Register: means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country. See Oregon Statutes 110.503
• Registering tribunal: means a tribunal in which a support order or judgment determining parentage of a child is registered. See Oregon Statutes 110.503
• Registration: means the process by which vital records and reports are accepted and incorporated into the official records of the Center for Health Statistics. See Oregon Statutes 432.005
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Report: means a document, whether in paper or electronic format, containing information related to a vital event submitted by a person required to submit the information to the state registrar for the purpose of registering a vital event. See Oregon Statutes 432.005
• Respondent: means a person for whom entry of a protective order is sought in a petition filed under ORS § 125. See Oregon Statutes 125.005
• Responding state: means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country. See Oregon Statutes 110.503
• Responding tribunal: means the authorized tribunal in a responding state or foreign country. See Oregon Statutes 110.503
• Service of process: The service of writs or summonses to the appropriate party.
• Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100
• Shareholder: means a person in whose name a share is registered in the records of a corporation or the beneficial owner of a share to the extent of the rights granted by a nominee certificate on file with a corporation. See Oregon Statutes 60.001
• Shell entity: means an entity that has the characteristics described in ORS § 63. See Oregon Statutes 63.001
• Spousal support order: means a support order for a spouse or former spouse of the obligor. See Oregon Statutes 110.503
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory or insular possession under the jurisdiction of the United States or an Indian nation or tribe. See Oregon Statutes 110.503
• State: includes a state or territory of the United States, the District of Columbia and New York City. See Oregon Statutes 432.005
• state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
• State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Support enforcement agency: means a public official, governmental entity or private agency authorized to:

  (a) Seek enforcement of support orders or laws relating to the duty of support;

  (b) Seek establishment or modification of child support;

  (c) Request determination of parentage of a child;

  (d) Attempt to locate obligors or their assets; or

  (e) Request determination of the controlling child support order. See Oregon Statutes 110.503

• Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See Oregon Statutes 110.503
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child. See Oregon Statutes 110.503
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
• victim: includes the legal guardian of the minor. See Oregon Statutes 419A.004
• Violate: includes failure to comply. See Oregon Statutes 174.100
• Visitor: means a person appointed by the court under ORS § 125. See Oregon Statutes 125.005
• Vital statistics: means the aggregated data derived from records and reports of live birth, death, fetal death, induced termination of pregnancy, marriage, declaration of domestic partnership, dissolution of marriage, dissolution of domestic partnership and supporting documentation and related reports. See Oregon Statutes 432.005
• Vulnerable youth: means a person who:

  (a) Is at least 18 years of age but has not attained 21 years of age;

  (b) Is eligible for classification under 8 U. See Oregon Statutes 125.005

• wife: means spouses or a spouse in a marriage. See Oregon Statutes 174.100
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Youth: means a person under 18 years of age who is alleged to have committed an act that is a violation, or, if done by an adult would constitute a violation, of a law or ordinance of the United States or a state, county or city. See Oregon Statutes 419A.004