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
25.287, 25.501 to 25.556, 107.135, 109.100, 125.025 or 419B.400 or ORS chapter
110; and
(B) Whether there
exists in this state or any other jurisdiction a support order, as defined in
ORS 110.503, involving the child, other than the judgment the party is moving
to set aside, alter or modify.
(b) The party
shall include with the motion a certificate regarding any pending support
proceeding and any existing support order other than the judgment the party is
moving to set aside, alter or modify. The party shall use a certificate that is
in a form established by court rule and include information required by court
rule and paragraph (a) of this subsection.
(3) The court may
request the appearance of the administrator in any proceeding under this
section in which it finds that the child support rights of one of the parties
or of a child of both of the parties have been assigned to the state.
(4) This section
does not apply when the child to whom a duty of support is owed is in another
state that has enacted the Uniform Child Custody Jurisdiction Act or the
Uniform Child Custody Jurisdiction and Enforcement Act and a court in that
state would have subject matter and personal jurisdiction under that Act to
determine custody and parenting time rights. [1977 c.878 §4; 1979 c.482 §2;
1997 c.707 §13; 1999 c.649 §49; 2001 c.334 §5; 2003 c.116 §5; 2003 c.576 §123;
2015 c.298 §91; 2021 c.597 §60]
Notes of Decisions
State Ex Rel. State of Washington v. Bozarth, 722 P.2d 48 (Or. Ct. App. 1986).
· cites it 3× “The trial court apparently relied on ORS 107.431, which provides, in part: “(1) At any time after a decree of annulment or dissolution of a marriage or a separation is granted, the court may set aside, alter or modify so much of the decree relating to visitation of a minor child…”
In re the Marriage of Page, 797 P.2d 408 (Or. Ct. App. 1990).
“ORS 107.431(l)(d) permits the court to terminate or modify child support when visitation is denied, if there is “[a] showing that the parent or other person having custody of the child or a person acting in that parent or other *435 person’s behalf has interfered with or denied…”
State ex rel. Fitzgerald v. Fitzgerald, 690 P.2d 1114 (Or. Ct. App. 1984).
· cites it 2× “However, ORS 107.431 provides that the court may modify the visitation provisions of the dissolution decree and sets forth the procedure to be followed.”
Appert v. Appert, 341 S.E.2d 342 (N.C. Ct. App. 1986).
“1984); Or. Rev. Stat. § 107.431 (1985). In the vast majority of cases addressing whether a noncustodial parent is entitled to any relief from the obligation to pay child support because of the denial of the parent’s visitation rights, the visitation rights were being denied or…”
State Ex Rel. Juv. (Fam.) Court v. McIntyre, 775 P.2d 329 (Or. Ct. App. 1989).
“176 provides: “ORS 107.431 [providing for modification of child custody and support orders] shall not apply to a proceeding under this chapter when the child to whom a duty of support is owed is in another state which has enacted the Uniform Child Custody Jurisdiction Act and a…”
In re the Marriage of Saulsbury, 802 P.2d 707 (Or. Ct. App. 1990).
· cites it 4× “The Court finds that its only authority in this is as set forth in ORS 107.431, which allows modification of an award of child support for the improper denial of visitation or interference with the exercise of parental visitation rights.”
In re the Marriage of Smith, 606 P.2d 694 (Or. Ct. App. 1980).
· cites it 2× “As support for his position, father cites ORS 107.431(3) which provides "At any time after a decree of annulment or dissolution of a marriage or a separation is granted, the court may set aside, alter or modify so much of the decree relating to visitation of a minor child as it…”
In re Marriage of French, 827 P.2d 944 (Or. Ct. App. 1992).
· cites it 2× “2 The order suspending the child support obligation was authorized by ORS 107.431(1), 3 and father satisfied the requirements of that law.”
In re the Marriage of June, 18 P.3d 1107 (Or. Ct. App. 2001).
“Acting pursuant to ORS 107.431, the trial court sought by its ruling to motivate mother to cooperate in the process of re-establishing the relationship between father and child.”
In re the Marriage of Christiansen, 984 P.2d 371 (Or. Ct. App. 1999).
· cites it 3× “Although ORS 107.431 allows a parent who has been denied parenting time to seek modification or termination of his or her support obligation, that modification can happen only after the parent seeking modification has filed a motion for modification with the court and there has…”
Arce & Rivera-Vernazza, 342 Or. App. 828 (Or. Ct. App. 2025).
“In father’s second assignment of error, he argues that the trial court erred by denying his motion for relief from the judgment pursuant to ORCP 71 B and ORS 107.431. We understand father’s argument to be that he should have been granted relief from the judgment because “under…”
— Or. Rev. Stat. § 107.431(1) — 2 cases
In re Marriage of French, 827 P.2d 944 (Or. Ct. App. 1992).
“2 The order suspending the child support obligation was authorized by ORS 107.431(1), 3 and father satisfied the requirements of that law.”
— Or. Rev. Stat. § 107.431(3) — 1 case
In re the Marriage of Smith, 606 P.2d 694 (Or. Ct. App. 1980).
“As support for his position, father cites ORS 107.431(3) which provides "At any time after a decree of annulment or dissolution of a marriage or a separation is granted, the court may set aside, alter or modify so much of the decree relating to visitation of a minor child as it…”
— Or. Rev. Stat. § 107.431(l)(a) — 1 case
In re the Marriage of Christiansen, 984 P.2d 371 (Or. Ct. App. 1999).
“Although ORS 107.431 allows a parent who has been denied parenting time to seek modification or termination of his or her support obligation, that modification can happen only after the parent seeking modification has filed a motion for modification with the court and there has…”
— Or. Rev. Stat. § 107.431(l)(d) — 1 case
In re the Marriage of Page, 797 P.2d 408 (Or. Ct. App. 1990).
“ORS 107.431(l)(d) permits the court to terminate or modify child support when visitation is denied, if there is “[a] showing that the parent or other person having custody of the child or a person acting in that parent or other *435 person’s behalf has interfered with or denied…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.