(1) Any court order or administrative order issued or modified in a proceeding under ORS § 25.501 to 25.556 or ORS Chapter 107, 108, 109, 110, 419B or 419C that contains an order for the payment of child support or spousal support must specify an initial due date and year for the payment of support that is on the first day of a calendar month, with subsequent payments due on the first day of each subsequent month for which the support is payable.

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Terms Used In Oregon Statutes 25.166

  • 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
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

(2) For purposes of support enforcement, any support payment that becomes due and payable on a day other than the first day of the month in which the payment is due shall be enforceable by income withholding as of the first day of that month.

(3) Any court order or administrative order that contains an award of child, medical or spousal support that accrues on other than a monthly basis may, for income withholding and administrative support billing purposes only, be converted to a monthly amount.

(4) Support payments become delinquent only if not paid in full within one month of the payment due date. A monthly child support obligation that is to be paid in two or more installments does not become delinquent until the obligation is not paid in full by the due date for the first installment in the next month. This subsection does not apply to the accrual of interest under ORS § 82.010.

(5) Subsections (2) and (3) of this section do not apply to the determination or issuance of support arrearage liens, installment arrearage liens, judgment liens, writs of garnishment or any other action or proceeding that affects property rights under ORS Chapter 18. [2017 c.462 § 1; 2019 c.13 § 12; 2019 c.291 § 5]

 

25.166 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.