Title 109 · ORS Chapter 109

or 419B.609.

Citation: ORS 109.326

Section: 109.326

109.326 or 419B.609.

����� (4) The court may approve a settlement agreement reached between the parties and incorporate the agreement into the judgment.

����� (5) The court may order either parent to pay such sum as the court deems appropriate for the past and future support and maintenance of the child during the child�s minority and while the child is attending school, as defined in ORS 107.108, and the reasonable and necessary expenses incurred or to be incurred in connection with prenatal care, expenses attendant with the birth and postnatal care. The court may grant the prevailing party reasonable costs of suit, which may include expert witness fees, and reasonable attorney fees at trial and on appeal. The provisions of ORS 107.108 apply to an order entered under this section for the support of a child attending school.

����� (6) An affidavit certifying the authenticity of documents substantiating expenses set forth in subsection (5) of this section is prima facie evidence to establish the authenticity of the documents.

����� (7)(a) It is the policy of this state:

����� (A) To encourage the settlement of cases brought under this section; and

����� (B) For courts to enforce the terms of settlements described in paragraph (b) of this subsection to the fullest extent possible, except when to do so would violate the law or would clearly contravene public policy.

����� (b) In a proceeding under this section, the court may enforce the terms set forth in a stipulated judgment of parentage signed by the parties, a judgment of parentage resulting from a settlement on the record or a judgment of parentage incorporating a settlement agreement:

����� (A) As contract terms using contract remedies;

����� (B) By imposing any remedy available to enforce a judgment, including but not limited to contempt; or

����� (C) By any combination of the provisions of subparagraphs (A) and (B) of this paragraph.

����� (c) A party may seek to enforce an agreement and obtain remedies described in paragraph (b) of this subsection by filing a motion, serving notice on the other party in the manner provided by ORCP 7 and, if a remedy under paragraph (b)(B) of this subsection is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding.

����� (d) Nothing in paragraph (b) or (c) of this subsection limits a party�s ability, in a separate proceeding, to file a motion to set aside, alter or modify a judgment under ORS