107.430] ����� 107.210 [Repealed by 1973 c.502 �18] ����� 107.220 [Repealed by 1973 c.502 �18] ����� 107.230 [Repealed by 1973 c.502 �18] ����� 107.240 [Repealed by 1973 c.502 �18]

107.430]

����� 107.210 [Repealed by 1973 c.502 �18]

����� 107.220 [Repealed by 1973 c.502 �18]

����� 107.230 [Repealed by 1973 c.502 �18]

����� 107.240 [Repealed by 1973 c.502 �18]

����� 107.250 [Amended by 1955 c.648 �5; 1959 c.572 �2; 1969 c.221 �2; 1969 c.313 �1; repealed by 1973 c.502 �18]

����� 107.260 [Repealed by 1973 c.502 �18]

����� 107.270 [Amended by 1969 c.198 �55; repealed by 1973 c.502 �18]

����� 107.280 [Amended by 1959 c.572 �3; 1969 c.591 �285; repealed by 1973 c.502 �18]

����� 107.290 [Amended by 1971 c.314 �2; repealed by 1973 c.502 �18]

����� 107.300 [Amended by 1971 c.280 �23; repealed by 1973 c.502 �18]

����� 107.310 [Amended by 1973 c.502 �10; renumbered 107.455]

����� 107.320 [Repealed by 1973 c.502 �18]

����� 107.400 Amendment of pleadings in dissolution, annulment or separation proceedings to change relief sought. At any time prior to the entry of a judgment, upon motion of a party and due notice to the other party in the manner provided by law for service of summons, the court may allow an amendment of pleadings to change the relief sought from annulment to dissolution or separation, from dissolution to annulment or separation, or from separation to annulment or dissolution. [1973 c.502 �15(2); 2003 c.576 �117]

����� 107.405 Powers of court in dissolution, annulment or separation proceedings. When a court is sitting in proceedings for annulment or dissolution of a marriage, or for separation, it shall have full equity powers. [1971 c.280 �1]

����� 107.406 Legislative findings; policy regarding spousal support. (1) The Legislative Assembly finds that it is in the best interests of a former spouse for whom a court has awarded spousal support, as well as the people of this state, that the spousal support obligations be fulfilled.

����� (2) It is the policy of this state that a former spouse for whom a court has awarded spousal support must be supported by the other former spouse in accordance with the court�s judgment. [2005 c.265 �3]

����� Note: 107.406 was added to and made a part of ORS chapter 107 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 107.407 Petition to set aside spousal support provisions of judgment. If an individual has paid an amount of money in installments for more than 10 years for the support of a former spouse under a judgment of annulment or dissolution of marriage that ordered such payment, and when the former spouse has not made a reasonable effort during that period of time to become financially self-supporting and independent of the support provided under the judgment, the individual paying the support may petition the court that issued the judgment to set aside so much of the judgment as may provide for the support of the former spouse. The petition shall not be granted if spousal support was granted in the judgment in lieu of a share of property in order to provide the other spouse with a tax benefit. [1975 c.500 �2; 1983 c.728 �7; 2003 c.576 �118]

����� 107.408 Duty to provide income tax information. (1) Except as provided in subsection (5) of this section, if a judgment of marital annulment, dissolution or separation includes an award of spousal support for which any portion of the obligation remains due and owing, upon written request received by one party from the other party, a party shall provide copies of the following documents to the requesting party:

����� (a) The first and second pages of the party�s most recently filed state and federal income tax returns; or

����� (b) If the party has not filed income tax returns for the last calendar year, all W-2 statements, year-end payroll statements, interest and dividend statements and all other records of income earned or received by the party during the last calendar year.

����� (2) A written request under this section may be made once every two years.

����� (3) A written request under this section may be made without filing with the court a request for modification of the judgment.

����� (4) A party providing documents under this section may redact all account numbers, personally identifying information and contact information, including but not limited to personal addresses and employer addresses, from the documents provided, except for the name of the party.

����� (5) When a party requests documents under this section, the requesting party shall simultaneously provide to the nonrequesting party copies of the requesting party�s same documents. The nonrequesting party has no obligation to provide documents under this section unless the request is accompanied by copies of the requesting party�s same documents. [2017 c.457 �2]

����� Note: 107.408 was added to and made a part of ORS chapter 107 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 107.410 [1961 c.418 �1; repealed by 1971 c.280 �28]

����� 107.412 Procedure applicable to ORS 107.407; matters considered; attorney fees. (1) Upon petition of an individual and after service of notice on the other party in the manner provided by law for service of a summons, the court shall conduct a proceeding to determine whether so much of its judgment as provides for the support of a party shall be set aside.

����� (2) Except as provided in subsections (3) and (4) of this section, if the court finds that the party receiving support has not made a reasonable effort during the previous 10 years to become financially self-supporting and independent of the support provided under the judgment, the court shall order that support terminated. In making its finding under this subsection, the court shall consider the following matters:

����� (a) The age of the party receiving support;

����� (b) The health, work experience and earning capacity of the party;

����� (c) The ages, health and dependency conditions of the minor children of the party; and

����� (d) Efforts made by the party during the previous 10 years to improve opportunities for gainful or improved employment including, but not limited to, attendance at any school, community college or university or attendance at courses of professional or technical training.

����� (3) A court does not have power under ORS 107.407 and this section to set aside any payment of money for the support of a party that has accrued prior to the filing of the petition under subsection (1) of this section.

����� (4) ORS 107.407 and this section do not affect a judgment, or any portion of it, that provides for the payment of money for the support of minor children or for the support of a party who is 60 years of age or older when the proceeding under subsection (1) of this section is held.

����� (5) In a proceeding held under subsection (1) of this section, the court may assess against either party a reasonable attorney fee for the benefit of the other party. [1975 c.500 �3; 1995 c.343 �22; 2003 c.576 �119]

����� 107.415 Notice of change of status of child; effect of failure to give notice. (1) If a party is required by a judgment of a court in a domestic relations suit, as defined in ORS 107.510, to contribute to the support, nurture or education of a minor child while the other party has custody thereof, the custodial parent shall notify the party contributing such money when the minor child receives income from the gainful employment of the child, or is married or enters the military service.

����� (2) Any custodial parent who does not provide notice, as required by subsection (1) of this section may be required by the court to make restitution to the contributing party of any money paid, as required by the judgment. The court may enter a supplemental judgment or satisfy all or part of the support award to accomplish the restitution. [1971 c.314 �1; 2003 c.576 �120]

����� 107.420 [1961 c.340 �1; repealed by 1971 c.280 �28]

����� 107.425 Investigation of parties in domestic relations suit involving children; physical, psychological, psychiatric or mental health examinations; parenting plan services; counsel for children. (1) In suits or proceedings described in subsection (4) of this section in which there are minor children involved, the court may cause an investigation to be made as to the character, family relations, past conduct, earning ability and financial worth of the parties for the purpose of protecting the children�s future interest. The court may defer the entry of a general judgment until the court is satisfied that its judgment in such suit or proceeding will properly protect the welfare of such children. The investigative findings shall be offered as and subject to all rules of evidence. Costs of the investigation may be charged against one or more of the parties or as a cost in the proceedings but shall not be charged against funds appropriated for public defense services.

����� (2) The court, on its own motion or on the motion of a party, may order an independent physical, psychological, psychiatric or mental health examination of a party or the children and may require any party and the children to be interviewed, evaluated and tested by an expert or panel of experts. The court may also authorize the expert or panel of experts to interview other persons and to request other persons to make available to the expert or panel of experts records deemed by the court or the expert or panel of experts to be relevant to the evaluation. The court may order the parties to authorize the disclosure of such records. In the event the parties are unable to stipulate to the selection of an expert or panel of experts to conduct the examination or evaluation, the court shall appoint a qualified expert or panel of experts. The court shall direct one or more of the parties to pay for the examination or evaluation in the absence of an agreement between the parties as to the responsibility for payment but shall not direct that the expenses be charged against funds appropriated for public defense services. If more than one party is directed to pay, the court may determine the amount that each party will pay based on financial ability.

����� (3)(a) In addition to an investigation, examination or evaluation under subsections (1) and (2) of this section, the court may appoint an individual or a panel or may designate a program to assist the court in creating parenting plans or resolving disputes regarding parenting time and to assist parents in creating and implementing parenting plans. The services provided to the court and to parents under this section may include:

����� (A) Gathering information;

����� (B) Monitoring compliance with court orders;

����� (C) Providing the parents, their attorneys, if any, and the court with recommendations for new or modified parenting time provisions; and

����� (D) Providing parents with problem solving, conflict management and parenting time coordination services or other services approved by the court.

����� (b) Services provided under this section may require the provider to possess and utilize mediation skills, but the services are not comprised exclusively of mediation services under ORS 107.755 to 107.795. If only mediation services are provided, the provisions of ORS 107.755 to 107.795 apply.

����� (c) The court may order one or more of the parties to pay for services provided under this subsection, if the parties are unable to agree on their respective responsibilities for payment. The court may not order that expenses be charged against funds appropriated for public defense services.

����� (d) The presiding judge of each judicial district shall establish qualifications for the appointment and training of individuals and panels and the designation of programs under this section. In establishing qualifications, a presiding judge shall take into consideration any guidelines recommended by the statewide family law advisory committee.

����� (4) The provisions of this section apply when:

����� (a) A person files a domestic relations suit, as defined in ORS 107.510;

����� (b) A motion to modify an existing judgment in a domestic relations suit is before the court;

����� (c) A parent of a child born to a person who is not married initiates a civil proceeding to determine custody or support under ORS 109.103;

����� (d) A person petitions or files a motion for intervention under ORS 109.119;

����� (e) A person or the administrator files a petition under ORS 109.125 to establish parentage and parentage is established; or

����� (f) A habeas corpus proceeding is before the court.

����� (5) Application of the provisions of subsection (1), (2) or (3) of this section to the proceedings under subsection (4) of this section does not prevent initiation, entry or enforcement of an order of support.

����� (6) The court, on its own motion or on the motion of a party, may appoint counsel for the children. However, if requested to do so by one or more of the children, the court shall appoint counsel for the child or children. A reasonable fee for an attorney so appointed may be charged against one or more of the parties or as a cost in the proceedings but shall not be charged against funds appropriated for public defense services.

����� (7) Prior to the entry of an order, the court on its own motion or on the motion of a party may take testimony from or confer with the child or children of the marriage and may exclude from the conference the parents and other persons if the court finds that such action would be likely to be in the best interests of the child or children. However, the court shall permit an attorney for each party to attend the conference and question the child, and the conference shall be reported. [1971 c.280 �3; 1973 c.502 �11; 1981 c.775 �5; 1981 s.s. c.3 �34; 1983 c.369 �1; 1983 c.386 �1; 1989 c.188 �1; 1989 c.1084 �1; 1999 c.569 �4; 2001 c.873 ��6,6a,6c; 2003 c.73 ��51,52; 2003 c.576 ��121,122; 2007 c.454 �12; 2017 c.651 �14]

����� 107.430 [Formerly 107.180; 1963 c.223 �1; repealed by 1971 c.280 �28]

����� 107.431 Modification of portion of judgment regarding parenting time or child support; procedure. (1) At any time after a judgment of annulment or dissolution of a marriage or a separation is granted, the court may set aside, alter or modify so much of the judgment relating to parenting time with a minor child as it deems just and proper or may terminate or modify that part of the order or judgment requiring payment of money for the support of the minor child with whom parenting time is being denied after:

����� (a) Motion to set aside, alter or modify is made by the parent having parenting time rights;

����� (b) Service of notice on the parent or other person having custody of the minor child is made in the manner provided by law for service of a summons;

����� (c) Service of notice on the Administrator of the Division of Child Support of the Department of Justice when the child support rights of one of the parties or of a child of both of the parties have been assigned to the state. As an alternative to the service of notice on the administrator, service may be made upon the branch office of the division which provides service to the county in which the motion was filed. Service may be accomplished by personal delivery or first class mail; and

����� (d) A showing that the parent or other person having custody of the child or a person acting in that parent or other person�s behalf has interfered with or denied without good cause the exercise of the parent�s parenting time rights.

����� (2) When a party moves to set aside, alter or modify the child support provisions of the judgment:

����� (a) The party shall state in the motion, to the extent known:

����� (A) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the child, including a proceeding brought under ORS