CHILD SUPPORT MODIFICATION PETITION

(Oregon – ORS 107.135 & ORS 25.275)

[// GUIDANCE: This template is designed for use in the Circuit Court of the State of Oregon (Family Law Department). Replace all bracketed text and verify court-specific local rules—including any county-approved pleading captions, font, and page-limit requirements—before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions (Relief Requested)
4. Representations & Warranties (Sworn Allegations)
5. Covenants & Restrictions (Ongoing Obligations)
6. Default & Remedies (Enforcement)
7. Risk Allocation (Liability Caps & Wage Withholding)
8. Dispute Resolution & Jurisdiction
9. General Provisions
10. Execution Block (Verification & Notarization)

1. DOCUMENT HEADER

Court:
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [COUNTY] — FAMILY LAW DEPARTMENT

Case No.: [CASE NUMBER]

Title:
In the Matter of the Marriage/Parentage of

• [PETITIONER / MOVANT FULL NAME], Petitioner,
and
• [RESPONDENT FULL NAME], Respondent.

Document Title:
PETITION / MOTION FOR MODIFICATION OF CHILD SUPPORT ORDER

Recitals:
A. On [DATE OF ORIGINAL JUDGMENT] this Court entered a General Judgment (the “Existing Support Order”) requiring [OBLIGOR NAME] to pay child support.
B. Subsequent to entry of the Existing Support Order, a substantial and unanticipated change of circumstances has occurred, as detailed herein.
C. Petitioner now seeks modification pursuant to Or. Rev. Stat. § 107.135 and the Oregon Child Support Guidelines, Or. Rev. Stat. § 25.275.

Effective Date Requested: Retroactive to the date of service of this Petition, or such other date as the Court deems just and proper.

Jurisdiction & Venue: Proper in this Court because at least one parent and the minor child(ren) reside in [COUNTY], Oregon, and the Existing Support Order was entered by this Court.

2. DEFINITIONS

For purposes of this Petition, the following terms shall have the meanings set forth below:

“Child” or “Children” – The minor child(ren) of the parties entitled to support under the Existing Support Order:
 a. [CHILD 1 NAME], born [MM/DD/YYYY];
 b. [CHILD 2 NAME], born [MM/DD/YYYY]; etc.

“Existing Support Order” – The General Judgment of [DATE], Case No. [CASE NUMBER], currently in force.

“Guidelines Calculator” – The official Oregon Child Support Guidelines Calculator promulgated by the Oregon Department of Justice, Division of Child Support.

“Obligor” – The parent presently ordered to pay child support ([PAYER NAME]).

“Obligee” – The parent presently receiving child support ([RECIPIENT NAME]).

“Substantial Change in Circumstances” – Any change that would alter the support amount by 10% or more and not less than $25 per month, or any other change meeting the statutory threshold under Or. Rev. Stat. § 107.135(3).

3. OPERATIVE PROVISIONS (RELIEF REQUESTED)

1. Modification of Support. Petitioner requests that the Existing Support Order be modified to require child support in the amount of [NEW MONTHLY AMOUNT] per month, commencing [COMMENCEMENT DATE], allocated as follows:
    • Base Support: [AMOUNT]
    • Cash Medical Support: [AMOUNT]
    • Childcare Contribution: [AMOUNT]
    • Health Insurance Premium Reimbursement: [AMOUNT]

2. Income Withholding. The modified amount shall be enforced through immediate wage withholding pursuant to Or. Rev. Stat. § 25.378.

3. Retroactivity. The modified obligation shall relate back to the date of service of this Petition, subject to credit for any payments made.

4. Continuing Jurisdiction. This Court shall retain exclusive jurisdiction to enforce and further modify the child support provisions.

4. REPRESENTATIONS & WARRANTIES (SWORN ALLEGATIONS)

Petitioner, under penalty of perjury and pursuant to ORCP 1 E, represents and warrants that:

a. Income Change. Since entry of the Existing Support Order, Obligor’s gross monthly income has:
 • decreased from [$ PRIOR] to [$ CURRENT] OR
 • increased from [$ PRIOR] to [$ CURRENT].

b. Parenting Time. The parties’ parenting-time schedule has changed from [PRIOR SCHEDULE] to [CURRENT SCHEDULE], affecting guideline credits.

c. Health Insurance. [CHILD/REN] are now covered/not covered by private health insurance available at reasonable cost to [PARTY].

d. Compliance With Guidelines. The proposed modification is consistent with the Oregon Child Support Guidelines; a completed Guidelines Calculator worksheet is attached as Exhibit A.

e. No Other Pending Actions. No other proceeding involving the same child support obligation is currently pending in any court or administrative body.

[// GUIDANCE: Attach all income documentation (e.g., last 3 pay stubs, prior year tax return) and the Guidelines Calculator print-out to avoid dismissal for insufficient financial disclosure.]

5. COVENANTS & RESTRICTIONS

1. Financial Disclosure. Each party shall provide updated income information annually or upon written request, not to exceed once every twelve (12) months, consistent with Or. Rev. Stat. § 25.027.

2. Notification of Changes. The parties shall notify each other and the Court in writing within thirty (30) days of:
    a. new employment;
    b. loss of employment;
    c. change in health insurance availability; or
    d. change of residence exceeding sixty (60) miles.

6. DEFAULT & REMEDIES

1. Events of Default. Failure by Obligor to:
    a. make any child support payment in full within ten (10) days of the due date;
    b. maintain required health insurance coverage; or
    c. comply with Section 5 covenants,
   shall constitute an Event of Default.

2. Notice & Cure. Upon an Event of Default, Obligee may serve written notice. If cured within ten (10) calendar days, no further action shall ensue.

3. Graduated Remedies. If uncured:
    a. The Department of Justice, Division of Child Support (“DCS”) shall implement income withholding and may collect by any lawful method.
    b. The Court may enter a money judgment for arrears plus statutory interest.
    c. The Court may award attorney fees and costs to the prevailing party.

7. RISK ALLOCATION

1. Indemnification. Not applicable (see metadata).

2. Limitation of Liability. The financial exposure of either party under this Order shall not exceed amounts calculated under the Oregon Child Support Guidelines, which cap support at a percentage of each parent’s adjusted gross income.

3. Wage Withholding (Injunctive Relief). Immediate income withholding is expressly preserved as an equitable remedy and shall remain in effect until support is fully satisfied.

8. DISPUTE RESOLUTION & JURISDICTION

1. Governing Law. This Petition and any resulting order shall be governed by the laws of the State of Oregon.

2. Forum Selection. Exclusive venue lies in the Circuit Court of [COUNTY], Oregon, Family Law Department.

3. Arbitration. Not available for child support matters under Oregon law.

4. Jury Waiver. No jury trial is available in family law support proceedings.

9. GENERAL PROVISIONS

1. Amendment & Waiver. Any modification of the child support obligation must be in writing and approved by the Court. Waiver of any provision on one occasion shall not constitute waiver on any future occasion.

2. Severability. If any provision of the modified order is held unenforceable, the remaining provisions shall remain in full force and effect.

3. Integration. The modified order, once entered, supersedes all prior oral or written agreements concerning child support.

4. Electronic Signatures. Facsimile or electronically-transmitted signatures shall be deemed originals for filing and enforcement purposes, subject to ORCP 16.

10. EXECUTION BLOCK

[// GUIDANCE: Oregon requires a “Certificate of Document Preparation” and a verification under ORCP 1 E. Some counties also require notarization—confirm local practice.]

A. Certificate of Document Preparation

I certify that:
☐ I am not an attorney and I prepared this document myself.
☐ I relied on an attorney to prepare or complete this document.
☐ I paid or will pay money to [NAME] for assistance in preparing this document.

Signature: _____  Date: ______
Printed Name: [PREPARER NAME]

B. Verification

I, [PETITIONER NAME], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge and belief.

Date: __            Signature: _________

C. Notary Acknowledgment (if required)

State of Oregon )
County of [COUNTY] ) ss.

Subscribed and sworn before me on [DATE] by [PETITIONER NAME].

Notary Public for Oregon: ____
My Commission Expires: _____

ATTACHMENTS

Exhibit A – Oregon Child Support Guidelines Calculator Worksheet
Exhibit B – Current Income Documentation (Pay Stubs/Tax Return)
Exhibit C – Proposed Parenting-Time Schedule (if applicable)

[// GUIDANCE: Assemble exhibits in the order listed, with a separate cover page for each. File originals with the Court and serve copies on all parties in compliance with ORCP 9. Consider submitting a proposed Order of Modification concurrently, as some judges prefer receiving a draft order with the motion.]