Or. Uni. Trial. Ct. R. 8.050

As amended through January 17, 2024

Rule 8.050 - JUDGMENT MODIFICATION PROCEEDINGS

(1) Modification proceedings must be initiated by an order to show cause based on a motion supported by an affidavit or a declaration under penalty of perjury setting forth the factual basis for the motion or by other procedure established by SLR. The initiating documents must contain a notice substantially in the form set out at ORCP 7. This notice may be a separate document or included in an Order to Show Cause or Motion.

(2) Except as provided in paragraph (d) of this subsection, when support is requested by either party, each party must complete and file a Uniform Support Declaration (USD), as set out below.

(a) The party seeking modification to support must file a USD with the motion and serve it under subsection (3) of this rule.

(b) If an order to show cause issues, the opposing party must file a USD and serve it on the party seeking modification of support. Unless an SLR provides to the contrary, the USD must be filed and served within 30 days of service of the order to show cause.

(c) Any USD must be completed as provided under UTCR 8.010(4), in the form specified at www.courts.oregon.gov/forms.

(d) A USD is not required from either party when the motion seeks to terminate child support solely because the child is no longer legally entitled to support.

(3) Initiating documents must be served by delivering a certified copy of each document and USD, if applicable, in the manner necessary to obtain jurisdiction.

(4) If the Division of Child Support (DCS) of the Department of Justice or a district attorney child support office (DA) either initiates or responds to a support modification proceeding, the DCS or DA must be allowed to file and serve, in lieu of the USD, an affidavit which sets out the following information:

(a) The name of the legal or physical custodian of the child(ren).

(b) The name and date of birth of each child for whom support modification is being sought.

(c) A statement of the amount of public assistance being provided.

(d) A statement of the value of food stamp benefits being provided.

(e) A statement of whether medical insurance (Medicaid) is being provided.

(f) A statement of any other known income of the physical custodian.

(g) A statement concerning any special circumstances which might affect the determination of support.

(5) A party who files an ex parte temporary custody or parenting time order pursuant to ORS 107.139 must file a motion for permanent modification of custody or have one pending at the time this application is made.

Or. Uni. Trial. Ct. R. 8.050