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Governing Child Support Judgment (Supplemental Judgment) - Oregon
| Governing Child Support Judgment (Supplemental Judgment) Form. This is a Oregon form and can be used in Governing Child Support Judgments Family Law Circuit Court Statewide . |
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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF __________________ In the Matter of the Marriage of: ) ) ) ) ) ) ) ) Case No. ____________________ GOVERNING CHILD SUPPORT JUDGMENT (SUPPLEMENTAL JUDGMENT) ________________________________, Petitioner, and ________________________________, Respondent. 1. This matter came before the court: a. b. c. On the Petition of Petitioner Respondent the State of Oregon; On the court's own motion; At a hearing held on __________________ (date), at which the following persons were present: Petitioner Respondent Other: Petitioner's Attorney Respondent's Attorney 2. Findings: The court considered the: Documents on file herein Evidence presented Other: , and found that: a. There exist two or more child support judgments involving the same obligor and child/ren and the same time period, copies of which are attached hereto and incorporated herein by reference, as follows: Exhibi t# Agency Case # Court Case # County Entry/ Effective Date Amount of Child Support Ordered Payment Start Date Additional Information about Judgment 1 2 3 4 Additional sheets attached as "Attachment #2(a)-Multiple Judgments." GOVERNING CHILD SUPPORT JUDGMENT (SUPPLEMENTAL JUDGMENT) - Page 1 of 8 GovernCSJudg-14: GovJudgment14Ver06.doc (9/10) American LegalNet, Inc. www.FormsWorkFlow.com b. The presumption that the terms of the last-issued child support judgment are the controlling terms and supersede contrary terms of each earlier-issued child support judgment has been rebutted as follows: i. The last-issued child support judgment should be set aside under the provisions of ORCP 71 for the following reason(s): 1. 2. The mistake, inadvertence, surprise, or excusable neglect of Petitioner Respondent; There is newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 64F; 3. 4. 5. The fraud, misrepresentation or other misconduct of The judgment is void; The judgment has been satisfied, released or discharged, or a prior judgment upon which it Petitioner Respondent; is based has been reversed or otherwise vacated, or it is not longer equitable that the judgment should have prospective application. ii. The last-issued child support judgment was issued without prior notice to the issuing court, there was a pending support proceeding involving the administrator or hearing officer that: child/ren, or there existed another child support judgment involving the child/ren, in this state or any other jurisdiction. iii. The last-issued child support judgment was issued after an earlier child support judgment and did not enforce, modify or set aside the earlier child support judgment in accordance with ORS 25.089. c. Notice has been provided to all affected parties as required by law. IT IS HEREBY ORDERED AND ADJUDGED that: 1. CONTROLLING TERMS. (Choose one.) a. The terms of the last-issued child support judgment dealing with cash child support and medical support (including health insurance and cash medical support) are the controlling terms and supersede contrary terms of each earlier-issued child support judgment (See Exhibit # b. ). The terms of the last-issued child support judgment are the controlling terms and supersede contrary terms of each earlier-issued child support judgment, except that: the last-issued child support judgment is silent about cash child support, and thus the monetary support terms of the preceding judgment issued most recently continue (See Exhibit # ). the last-issued child support judgment is silent about medical support, and thus the medical support terms of the preceding judgment issued most recently continue (See Exhibit # ). GOVERNING CHILD SUPPORT JUDGMENT (SUPPLEMENTAL JUDGMENT) - Page 2 of 8 GovernCSJudg-14: GovJudgment14Ver06.doc (9/10) American LegalNet, Inc. www.FormsWorkFlow.com c. The presumption that the terms of the last-issued child support judgment are the controlling terms a substantial change in circumstance having been established by Petitioner having been rebutted, or Respondent, the controlling terms with respect to cash child support and medical support shall be as follows: i. As contained in the earlier-issued judgment dated (See Exhibit # ). ii. Modified as follows: The effect of this modification on all preceding judgments identified in Paragraph 2(a) above is that all terms contained therein regarding cash child support and medical support are hereby terminated as of the date this judgment is entered, and all other terms that do not relate to cash child support and/or medical support are hereby affirmed, except as follows: 2. EFFECTIVE DATE of CONTROLLING TERMS. The effective date of each controlling term in each of the child support judgments identified in Paragraph 2(a) above is as follows: Exhibit # Controlling Term Effective Date Other 1 Cash Child Support Medical Support 2 Cash Child Support Medical Support 3 Cash Child Support Medical Support 4 Cash Child Support Medical Support Additional sheet attached as "Attachment #2-Effective Dates." GOVERNING CHILD SUPPORT JUDGMENT (SUPPLEMENTAL JUDGMENT) - Page 3 of 8 GovernCSJudg-14: GovJudgment14Ver06.doc (9/10) American LegalNet, Inc. www.FormsWorkFlow.com ARREARS and/or CREDITS. Check one. The court having determined the validity and effective dates of the judgments identified in Paragraph 2(a) above, monetary support arrears and/or credits for overpayments is reconciled as follows: Exhibit # Effective Dates for Accrual of Child Support (Mo/Yr) Amount of Child Support Arrearage Credits for Overpayments Per Annum Interest Not Already Included 3. Additional sheets attached as "Attachment #3 - Arrears/Credits." OR The court having determined that one or more of the judgments identified in Paragraph 2(a) above are Agency orders and/or that the Administrator possesses the necessary record of support payments to determine arrears, the establishment of arrears is deferred to the Administrator in a separate proceeding to be commenced by: Petitioner Respondent State of Oregon Other 4. FILING CERTIFIED COPIES WITH THE COURT OR THE CHILD SUPPORT PROGRAM ADMINISTRATOR. Petitioner Respondent Other: shall file a certified copy of this Governing Child Support Judgment with each court and/or the agency that issued an earlier child support judgment. A party who fails to file a certified copy as required by this judgment is subject to monetary sanctions, including but not limited to attorney fees, costs and disbursements
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