Title 108 · ORS Chapter 108

110.503, is a party to the proceeding. [Amended by 1963 c.497 �1; 1973 c.827 �12d; 1975 c.140 �1; 1975 c.458 �13; 1979 c.90 �1; 1981 c.669 �2; 1993 c.596 �18; 1995 c.343 �23; 1997 c.704 �54; 2001 c.33

Citation: ORS 110.503

Section: 110.503

110.503, is a party to the proceeding. [Amended by 1963 c.497 �1; 1973 c.827 �12d; 1975 c.140 �1; 1975 c.458 �13; 1979 c.90 �1; 1981 c.669 �2; 1993 c.596 �18; 1995 c.343 �23; 1997 c.704 �54; 2001 c.334 �7; 2003 c.73 �53a; 2003 c.116 �7; 2005 c.560 �16; 2015 c.298 �92; 2015 c.629 �24; 2021 c.597 �61]

����� 108.120 Support judgment or order. (1) After the hearing of the petition for an order of support the court shall make an order granting or denying it and fixing, if allowed, the terms and amount of the support.

����� (2) The court has the same power to compel the attendance of witnesses or the production of testimony as in actions and suits, to make such judgment or orders as are equitable in view of the circumstances of both parties and to punish violations thereof as other contempts are punished.

����� (3) The judgment or order is final as to any installment or payment of money that has accrued up to the time the nonmoving party, other than the state, is served with a motion to set aside, alter or modify the judgment or order. The court may not set aside, alter or modify any portion of the judgment or order that provides for any payment of money, either for minor children or for the support of a party, that has accrued before the motion is served. However, the court may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or judgment, during which the obligor, with the knowledge and consent of the obligee or pursuant to court order, has physical custody of the child. [Amended by 1989 c.812 �6; 1997 c.707 �21; 2003 c.419 �2; 2003 c.576 �133a]

����� 108.130 [Amended by 1965 c.619 �34; 1971 c.621 �23; 1975 c.607 �23; 1981 s.s. c.3 �89; 1983 c.673 �25; 2003 c.737 ��53,54; 2005 c.702 ��61,62,63; 2007 c.129 �22; 2007 c.493 �16; repealed by 2011 c.595 �10]

����� 108.140 [Repealed by 1987 c.715 �10]

COMMUNITY PROPERTY MATTERS

����� 108.510 Revocation of election to come under terms of Community Property Law of 1943; fee. (1) Notwithstanding any repeal of chapter 440, Oregon Laws 1943, known as the Oregon Community Property Law of 1943, spouses in a marriage who elected to come under the terms of that law may revoke the election upon filing in the office of the Secretary of State a notice of the spouses� desire to revoke the election in the following form:

______________________________________________________________________________

REVOCATION OF ELECTION

TO COME UNDER THE

OREGON COMMUNITY

PROPERTY LAW, CHAPTER 440,

OREGON LAWS 1943

����� KNOW ALL PERSONS BY THESE PRESENTS, That we, _____ and _____, hereby state and represent that we are spouses in a marriage; that we reside in _____ County, Oregon, and our post-office address is No. _____ Street, City of _____; that we do hereby revoke our election filed in the office of the Secretary of State of the State of Oregon on the _____ day of _____, 2_____, to avail ourselves of the provisions of chapter 440, Oregon Laws 1943, being the Oregon Community Property Law.

����� IN WITNESS WHEREOF we have hereunto set our hands and seals this _____ day of _____, 2_____.

__________________

__________________

STATE OF OREGON,��������� )

����� )���� ss.

County of _____�������� )

����� BE IT REMEMBERED that on this _____ day of _____, 2_____, before me, the undersigned, a notary public in and for said county and state, personally appeared the within named _____ and _____, spouses in a marriage, who are known to me to be the identical persons described in and who executed the within instrument, and acknowledged to me that they executed the same.

__________________

Notary Public for Oregon

My commission expires: _________

______________________________________________________________________________

Acknowledgments may be taken by any other officer authorized to take acknowledgments.

����� (2) Such an instrument, together with a fee of $15, shall be presented to the Secretary of State, who thereupon shall file the instrument, properly index it in a book kept for that purpose and transmit to the recording officer of each county in the state the certificate of the Secretary of State, setting forth the nature of such instrument, the names of the parties thereto, the date thereof, and the date of the filing thereof in the office of the Secretary of State. Upon receipt of such certificate, the recording officer shall file it and properly index it in a book kept for that purpose.

����� (3) Public notice of such revocation exists upon compliance with subsection (2) of this section.

����� (4) The filing of such revocation operates to restore the title to any community property of persons making the revocation to the status of the property which existed on the date on which such persons filed a certificate of election under the terms of the Oregon Community Property Law of 1943. Such revocation in nowise limits the right of such persons to execute and record such conveyances, assignments and transfers of property, or title thereto, as may operate to effect and make a matter of record the restoration of titles to the status they occupied prior to the filing of the certificate of election. [Amended by 2015 c.629 �25]

����� 108.515 Disposition of fees. (1) All moneys received by the Secretary of State under ORS 108.510 shall be paid into the State Treasury to the credit of the General Fund.

����� (2) Any funds remaining in the Community Property Revocations Account are hereby transferred to the credit of the General Fund. [Amended by 1959 c.85 �1]

����� 108.520 Effect of Act repealing Community Property Law of 1947. The provisions of ORS 108.530 to