109.100
Petition for support; effect of judgment; parties. (1) Any minor child or the
administrator may, in accordance with ORCP 27 A, apply to the circuit court in
the county in which the child resides, or in which the natural or adoptive
parents of the child may be found, for an order upon the child’s parent or
parents to provide for the child’s support. The child or the administrator may
apply for the order by filing in the county a petition setting forth the facts
and circumstances relied upon for the order. If satisfied that a just cause
exists, the court shall direct that the parents appear at a time set by the
court to show cause why an order of support should not be entered in the
matter.
(2) The
petitioner shall state in the petition, to the extent known:
(a) Whether there
is pending in this state or any other jurisdiction any type of support
proceeding involving the minor child, including a proceeding brought under ORS
25.287, 25.501 to 25.556, 107.085, 107.135, 107.431, 108.110, 109.103, 109.158,
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 minor child.
(3) The
petitioner shall include with the petition a certificate regarding any pending
support proceeding and any existing support order. The petitioner shall use a
certificate that is in a form established by court rule and include information
required by court rule and subsection (2) of this section.
(4) The judgment
of a court under subsection (1) of this section is final as to any installment
or payment of money that has accrued up to the time either party makes a motion
to set aside, alter or modify the judgment, and the court may not set aside, alter
or modify the judgment, or any portion thereof, that provides for any payment
of money that has accrued prior to the filing of the motion.
(5) The
provisions of ORS 108.120 apply to proceedings under subsection (1) of this
section.
(6) In any
proceeding under this section, both the child’s physical and legal custodians
are parties to the action. [1963 c.497 §2; 1975 c.458 §14; 1979 c.90 §2; 1979
c.284 §100; 1989 c.812 §7; 1993 c.596 §20; 2003 c.73 §55a; 2003 c.116 §8; 2003
c.576 §244; 2011 c.595 §124; 2015 c.298 §93; 2021 c.597 §63; 2025 c.592 §120]
Notes of Decisions
In re the Marriage of Matar, 300 P.3d 144 (Or. 2013).
· cites it 4× “ORS 109.100 allows a child to seek an award of child support by filing his or her own petition for support.”
Wolf v. Goin, 552 P.2d 258 (Or. Ct. App. 1976).
· cites it 5× “Pursuant to the terms of ORS 109.100 1 petitioner, an eight-year-old, applied to the circuit court through a guardian ad litem for an order requiring the respondent, alleged to be his "natural and acknowledged father,” to make support payments on his behalf.”
State Ex Rel. Adult & Fam. Servs. Div. v. Lester, 608 P.2d 588 (Or. Ct. App. 1980).
· cites it 4× “Two examples illustrate this point: ORS 109.100 5 provides a procedure whereby a child, or the state on the child’s behalf, can apply to the circuit court for an order requiring a parent to provide for the child’s support in the absence of a dissolution decree.”
State Ex Rel. Adult & Fam. Servs. Div. v. Bradley, 650 P.2d 91 (Or. Ct. App. 1982).
· cites it 2× “ORS 109.100. As the Supreme Court stated in Mills , any limitation of the period for obtaining support for illegitimate children must be substantially related to the state's interest in avoiding stale or fraudulent claims.”
Baker v. Baker, 538 P.2d 1277 (Or. Ct. App. 1975).
“ORS 109.100 provides statutory authority for a child to enforce support against a parent, but it contemplates a hearing and a setting of an amount to be paid in the future by the parent.”
Zach v. Zach, 554 P.2d 565 (Or. Ct. App. 1976).
· cites it 2× “The petition of Elizabeth Zach was filed pursuant to ORS 109.100. That statute permits a "minor child” to file a petition in the designated court to compel a parent to provide support.”
In re the Marriage of Wood, 806 P.2d 722 (Or. Ct. App. 1991).
“Father filed a petition under ORS 109.100 on behalf of the children seeking child support from mother and also moved, in the alternative, for modification of the dissolution judgment to require mother to pay child support.”
Towry v. Kiser, 55 P.3d 509 (Or. Ct. App. 2002).
“110), actions for support of a child (ORS 109.100), proceedings to determine custody or support of a child (ORS 109.”
State ex rel. Bell v. Bell, 725 P.2d 938 (Or. Ct. App. 1986).
“The state does not purport to bring its motion under ORS 109.100 or ORS 109.125 through 109.235.”
— Or. Rev. Stat. § 109.100(1) — 2 cases
Wolf v. Goin, 552 P.2d 258 (Or. Ct. App. 1976).
“Pursuant to the terms of ORS 109.100 1 petitioner, an eight-year-old, applied to the circuit court through a guardian ad litem for an order requiring the respondent, alleged to be his "natural and acknowledged father,” to make support payments on his behalf.”
State Ex Rel. Adult & Fam. Servs. Div. v. Lester, 608 P.2d 588 (Or. Ct. App. 1980).
“Two examples illustrate this point: ORS 109.100 5 provides a procedure whereby a child, or the state on the child’s behalf, can apply to the circuit court for an order requiring a parent to provide for the child’s support in the absence of a dissolution decree.”
— Or. Rev. Stat. § 109.100(2) — 2 cases
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