Oregon Statutes 108.110 – Petition for support of spouse and children; rules
(1) Any married person may apply to the circuit court of the county in which the married person resides or in which the spouse may be found for an order upon the spouse to provide for support of the married person or for the support of minor children and children attending school, or both, and, if the married person initiating the action for support is a woman who is pregnant, her unborn child, or both, if her spouse is the natural father of such children, children attending school or unborn child or if her spouse is the adoptive parent of such children or children attending school. The married person initiating the action for support may apply for the order by filing in such county a petition setting forth the facts and circumstances upon which the married person relies for such order. If satisfied that a just cause exists, the court shall direct that the married person’s spouse appear at a time set by the court to show cause why an order of support should not be entered in the matter. The provisions of ORS § 107.108 apply to an order entered under this section for the support of a child attending school.
Terms Used In Oregon Statutes 108.110
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) As used in this section, ‘child attending school’ has the meaning given that term in ORS § 107.108.
(3) 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 children of the marriage, including a proceeding brought under ORS § 25.501 to 25.556, 107.085, 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 children of the marriage.
(4) 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 (3) of this section.
(5) The provisions of this section apply equally regardless of which spouse is making application for a support order.
(6) In any proceeding under this section, the obligee, as that person is defined in ORS § 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]