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The Oregon Administrative Rules contain OARs filed through April 15, 2013

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DEPARTMENT OF JUSTICE

DIVISION 50

SUPPORT ENFORCEMENT

Procedural Rules

137-050-0700

General Provisions

(1) ORS 25.270 through ORS 25.280 require that child support be calculated according to a formula. The formula is known as the "Oregon Child Support Guidelines" and is contained in OAR 137-050-0700 through OAR 137-050-0765 and in the "Obligation Scale" which is located in the appendix.

(2) Any change to the guidelines applies to all judicial or administrative actions which are pending as of the date of the change or initiated thereafter.

(3) Changes to these rules do not constitute a substantial change in circumstances for purposes of modifying a support order.

(4) "Pending" as used in section (2) means any matter that has been initiated before the effective date of a rule change but requires amendment, modification or hearing before a final judgment can be entered.

(5) The calculation instructions in OAR 137-050-0710 apply when at least one minor child for whom support is being calculated lives with a parent. If none of the minor children for whom support is being calculated lives with a parent, calculate each parent’s obligation separately. For the “other parent” in these single-parent calculations, use the same income, spousal support, union dues and additional children as for the parent whose obligation is being calculated. Include the caretaker’s child care costs, if any. Do not include any other information for the “other parent”.

Stat. Auth.: ORS 25.270 - 25.290 & 180.345
Stats. Implemented: ORS 25.270 - 25.290
Hist.: DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10; DOJ 5-2010(Temp), f. & cert. ef. 2-12-10 thru 8-10-10; DOJ 11-2010, f. & cert. ef. 7-1-10; DOJ 15-2010(Temp), f. & cert. ef. 10-1-10 thru 3-22-11; DOJ 18-2010, f. 12-20-10, cert. ef. 1-4-11

137-050-0710

Calculating Support

(1) Apply standard rules of rounding to perform a child support calculation under the guidelines. Round to the hundredth place (two decimal places). For example, if the number beyond the one to be used is less than five, round the number down (2.443 becomes 2.44). If the number beyond the one to be used is equal to or greater than five, round up (2.445 becomes 2.45).

(2) Although reliable and comprehensive data is not available for costs of children between the ages of 18 and 21, the guidelines are used to calculate appropriate support amounts for a child attending school as defined in ORS 107.108. The presumption that the amounts are appropriate may be rebutted under OAR 137-050-0760.

(3) Determine an appropriate amount of support by following the steps in sections (4) through (16).

(4) Determine each parent’s income as defined in OAR 137-050-0715.

(5) Determine each parent’s adjusted income, as provided in OAR 137-050-0720.

(6) Determine each parent’s income share by dividing the total combined income into each parent’s individual adjusted income.

(7) Determine the basic support obligation and the parents’ shares, as provided in OAR 137-055-0725.

(8) Determine parenting time credit, if any, as provided in OAR 137-050-0730.

(9) Determine each parent’s costs for child care, as provided in OAR 137-050-0735.

(10) Determine the credit to be applied to the support obligation as a result of any Social Security or veterans’ benefits as provided in OAR 137-050-0740.

(11) Determine each parent’s support obligation before medical support by adding the parent’s basic support obligation, subtracting the parenting time credit, adjusting for child care expenses, and subtracting the amount of credit given for Social Security or veterans’ benefits. If the total is less than zero, use zero.

(12) Determine each parent’s support obligation after application of the self-support reserve as provided in OAR 137-050-0745. Round the result to the nearest dollar.

(13) Determine each parent’s medical support obligation, as provided in OAR 137-050-0750. Round the result to the nearest dollar.

(14) Determine whether the provisions of OAR 137-050-0755 (minimum order) apply, and if appropriate, enter the amount of the minimum order.

(15) If the support amount is unjust or inappropriate, as authorized in ORS 25.280, apply any appropriate rebuttal as provided in OAR 137-050-0760. Round the result to the nearest dollar.

(16) Determine whether an agreed support amount is appropriate as provided in OAR 137-050-0765.

137-050-0715

Income

(1) “Income” means the actual or potential gross income of a parent, as determined in this rule.

(2) “Actual income” means all earnings and income from any source, except as provided in section (4). Actual income includes but is not limited to:

(a) Employment-related income including salaries, wages, commissions, advances, bonuses, dividends, severance pay, pensions, and honoraria;

(b) Return on capital, such as interest, trust income and annuities;

(c) Income replacement benefit payments including Social Security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits;

(d) Gifts and prizes, including lottery winnings;

(e) Income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, minus costs of good sold, minus ordinary and necessary expenses required for self-employment or business operation. Specifically excluded from ordinary and necessary expenses are amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses, investment tax credits, or any other business expenses determined by the fact finder to be inappropriate or excessive for determining gross income; and

(f) Expense reimbursements or in kind payments received by a parent in the course of employment, self employment, or operation of a business are income to the extent they reduce personal living expenses.

(3) To determine average monthly income when wages are paid weekly, multiply the weekly earnings by 52 and divide by 12. To determine average monthly income when wages are paid every two weeks, multiply the bi-weekly income earnings by 26 and divide by 12.

(4) Child support, adoption assistance, guardianship assistance, and foster care subsidies are not considered income for purposes of this calculation.

(5) “Potential income” means the greater of:

(a) The parent’s probable full-time earnings level based on employment potential, relevant work history, and occupational qualifications in light of prevailing job opportunities and earnings levels in the community; or

(b) The amount of income a parent could earn working full-time at the current state minimum wage.

(6) Income is presumed to be the amount determined as potential income in the following scenarios:

(a) An unemployed parent;

(b) A parent employed on less than a full-time basis;

(d) A parent with no direct evidence of any income.

(7) Income is presumed to be the parent’s actual income in the following scenarios.

(a) A parent working full-time at or above the state minimum wage:

(b) A parent unable to work full-time due to a verified disability;

(d) An incarcerated obligor as defined in OAR 137-055-3300; or

(e) When performing a calculation for a temporary modification pursuant to ORS 416.425(13), except as provided in section (9) of this rule.

(8) The presumptions in sections (6) and (7) of this rule may be rebutted by a finding that the presumption is inappropriate in light of the parent’s probable full-time earnings level based on employment potential, relevant work history, and occupational qualifications in light of prevailing job opportunities and earnings levels in the community.

(9) Notwithstanding any other provision of this rule, if the parent is a recipient of Temporary Assistance for Needy Families, the parent’s income is presumed to be the amount which could be earned by full-time work at the current state minimum wage. This income presumption is solely for the purposes of the support calculation and not to overcome the rebuttable presumption of inability to pay in ORS 25.245.

(10) As used in this rule, “full-time” means 40 hours of work in a week except in those industries, trades or professions in which most employers, due to custom, practice or agreement, utilize a normal work week of more or less than 40 hours in a week.

Stat. Auth.: ORS 25.270 - 25.290 & 180.345
Stats. Implemented: ORS 25.270 - 25.290
Hist.: DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10; DOJ 6-2010(Temp), f. & cert. ef. 2-12-10 thru 7-1-10; DOJ 11-2010, f. & cert. ef. 7-1-10

137-050-0720

Adjusted Income

(1) “Adjusted income” means income, as determined in OAR 137-050-0715, after:

(a) Deducting mandatory contributions to a union or other labor organization;

(b) If health care coverage is ordered as provided in ORS 25.323, deducting any cost associated with enrolling or maintaining the providing party in the insurance, if enrollment of the providing party is necessary to insure the child;

(c) Deducting the parent’s monetary spousal support obligation, whether ordered in the same or a different proceeding, to this or a different party and whether paid or not;

(d) Adding the amount of court-ordered monetary spousal support owed to the parent, whether ordered in the same or a different proceeding, by this or a different party and whether paid or not; and

(e) Applying the additional child deduction described in section (2) of this rule.

(2) A parent is entitled to an income deduction when the parent is legally responsible for the support of a child not included in the current calculation.

(a) To qualify for the additional child deduction, the minor child must reside in the parent’s household or the parent must be ordered to pay ongoing support for that child.

(b) A child attending school, as defined in ORS 107.108 and OAR 137-055-5110, qualifies the parent for the additional child deduction only if the parent is ordered to pay ongoing support for the child attending school.

(c) A stepchild only qualifies a parent for an additional child deduction if the parent is ordered to pay ongoing support for the stepchild.

(d) To calculate the additional child deduction:

(A) Subtract the union dues, health care coverage and spousal support deductions described in subsections 1(a), 1(b) and 1(c) of this rule from the parent’s income;

(B) Add the amount of spousal support described in subsection (1)(d) of this rule to the parent’s income; and

(C) Use the result to reference the obligation scale in the appendix using the income and number of children determined in this section to determine the total additional child deduction.

Stat. Auth.: ORS 25.270 - 25.290, 180.345
Stats. Implemented: ORS 25.270 - 25.290
Hist.: DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10

137-050-0725

Basic Support Obligation

(1) The appendix ("the scale") must be used in any calculation of support under ORS 25.270 to 25.280. The scale is based on a national average of incomes and costs of living and is therefore applicable regardless of whether an individual resides or works in another state.

(2) The basic child support obligation is determined by referencing the scale for the appropriate number of children for whom support is sought and the combined adjusted income of the parents.

(3) The scale lists amounts based on gross income, but presumes standard tax deductions for one person; amounts listed are therefore for net income.

(4) If each parent’s parenting time is at least 25 percent, multiply the basic child support obligation by 1.5 (150 percent) as provided in OAR 137-050-0730.

(5) For combined adjusted gross incomes exceeding $30,000 per month, the presumed basic child support obligations will be the same as for parents with combined adjusted income of $30,000 per month. A basic child support obligation in excess of this level may be demonstrated for any reason set forth in OAR 137-050-0760.

(6) For support amounts for more than 10 children, the presumed basic child support obligation will be the same as for parents with 10 children. A basic child support obligation in excess of this level may be demonstrated for any reason set forth in OAR 137-050-0760.

(7) When the combined income falls between two income amounts on the scale, use the lower income amount on the scale to determine the child support obligation.

(8) Determine each parent’s share of the basic support obligation by multiplying the combined basic support obligation by the parent’s percentage share of adjusted income.

(9) The scale below presumes the parent with primary physical custody will take the tax exemption for the child for whom support is sought for income tax purposes. When that parent does not take the tax exemption, the rebuttals in OAR 137-050-0760 may be used to adjust the child support obligation. For the purposes of the guidelines, “primary physical custody” means the parent who provides the primary residence for the child and is responsible for the majority of the day-to-day decisions concerning the child.

[ED. NOTE: Appendix referenced is not included in rule text. Click here for PDF copy of appendix.]

Stat. Auth.: ORS 25.270 - 25.290, 180.345
Stats. Implemented: ORS 25.270 - 25.290
Hist.: DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10

137-050-0730

Parenting Time Credit

(1) For the purposes of this rule, “split custody” means that there are two or more children and each parent has at least one child more than 50 percent of the time.

(2) If there is a current written parenting time agreement or court order providing for parenting time, the percentage of overall parenting time for each parent must be calculated as follows:

(a) Determine the average number of overnights using two consecutive years.

(b) Multiply the number of children by 365 to arrive at a total number of child overnights. Add together the total number of overnights the parent is allowed with each child and divide the parenting time overnights by the total number of child overnights.

(c) Notwithstanding the calculation provided in subsections (2)(b) and (2)(c), the percentage of parenting time may be determined using a method other than overnights if the parents have an alternative parenting time schedule in which a parent has significant time periods where the child is in the parent's physical custody but does not stay overnight. For example, in lieu of overnights, 12 continuous hours may be counted as one day. Additionally, four-hour up to 12-hour blocks may be counted as half-days, but not in conjunction with overnights. Regardless of the method used, blocks of time may not be used to equal more than one full day per 24-hour period.

(3) If the parents have split custody but no written parenting time agreement, determine each parent's percentage share of parenting time by dividing the number of children with the parent by the total number of children.

(4) If there is no written parenting time agreement or court order providing for parenting time, the parent or party having primary physical custody will be treated as having 100 percent of the parenting time, unless a court or administrative law judge determines actual parenting time.

(5) If the court or administrative law judge determines actual parenting time exercised by a parent is different than what is provided in a written parenting plan or court order, the percentage of parenting time may be calculated using the actual parenting time exercised by the parent.

(6) If each parent’s parenting time is at least 25 percent, or the child resides with a caretaker or is in the care of a state agency and the obligated parent has at least 25 percent parenting time, a parenting time credit will be calculated as follows:

(a) Multiply the combined basic child support obligation by 1.5 (150 percent); and

(b) Except as provided in subsection (c), multiply each parent’s percentage share of parenting time by the combined basic child support obligation in subsection (a). The result is the amount of credit to be subtracted from the obligation determined in subsection (a) for each parent;

(c) If the child resides with a caretaker or is in the care of a state agency, multiply the obligated parent’s percentage share of parenting time by the combined basic child support obligation in subsection (a). The result is the amount of credit to be subtracted from the obligation determined in subsection (a).

(7) The parenting time credit is applied to the entire support obligation, including any support obligation for a child attending school.

Stat. Auth.: ORS 25.270 - 25.290, 180.345
Stats. Implemented: ORS 25.270 - 25.290
Hist.: DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10; DOJ 11-2010, f. & cert. ef. 7-1-10

137-050-0735

Child Care Costs

(1) Adjust the support obligation for child care costs if the child for whom support is being calculated is disabled or under the age of 13. The adjustment is equal to the average monthly child care expense less any state or federal child care tax credit.

(2) Child care costs can be incurred by either parent, but must be related to the parent's employment, job search, or training or education necessary to obtain a job. Only child care costs that can be documented and determined can be considered.

(3) Child care costs are allowable only to the extent that they are reasonable and, except as provided in section (4), do not exceed the maximums set out in table 1. For the purposes of applying the maximums, the location of the provider determines which rates apply. [Table not included. See ED. NOTE.]

(4) The maximum amounts allowed by the Department of Human Services in their Employment-Related Day Care allowance tables at OAR 461-155-0150 (http://dhsmanuals.hr.state.or.us/EligManual/07cc-f.htm#RateCharts) may be used as cost maximums in lieu of the abbreviated table in section (3).

(5) Child care costs incurred or to be incurred by a parent include any amounts paid by government subsidies for that parent.

(6) As used in this rule, "child with disabilities" means a child who has a physical or mental disability that substantially limits one or more major life activities (self-care, walking, seeing, speaking, hearing, breathing, learning, working, etc.).

[ED. NOTE: Table referenced is not included in rule text. Click here for PDF copy of table.]

Stat. Auth.: ORS 25.270 - 25.290, 180.345
Stats. Implemented: ORS 25.270 - 25.290
Hist.: DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10

137-050-0740

Social Security and Veterans’ Benefits

(1) For the purposes of this rule:

(a) "Apportioned Veterans’ benefits" means the amount the Veterans Administration deducts from the veteran's award and disburses to the child or his or her representative payee; and

(b) “Social Security benefits” refer to those benefits paid on behalf of a disabled or retired parent to a child or a child’s representative payee.

(2) The support obligation may be reduced dollar for dollar in consideration of any Social Security or apportioned veterans’ benefits; and

(3) The support obligation must be reduced dollar for dollar in consideration of any Survivors’ and Dependents’ Educational Assistance (veterans’ benefit) under 38 U.S.C. chapter 35.

Stat. Auth.: ORS 25.270 - 25.290, 180.345
Stats. Implemented: ORS 25.270 - 25.290
Hist.: DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10

137-050-0745

Self-Support Reserve

(1) A support calculation must ensure that a parent being ordered to pay support is left with enough income to meet his or her own basic needs. This is known as the Self Support Reserve and is determined as follows:

(a) Determine the parent’s adjusted income as provided in OAR 137-050-0715;

(b) Calculate the parent’s income available for support by subtracting a self-support reserve of $1086 from the parent’s adjusted income;

(c) Compare the amount of income available for support to the amount of support that was calculated under OAR 137-050-0710(8). The lesser of the two amounts is presumed to be the correct support amount.

(2) Any available income remaining after application of the self-support reserve in step (1)(c) is the income available for medical support.

(3) This rule does not apply to an incarcerated obligor as defined in OAR 137-055-3300.

(4) The amount of the self-support reserve (SSR) is based on the federal poverty guideline (FPG), and is adjusted to account for estimated taxes using a 1.167 multiplier (SSR = FPG x 1.167). The self-support reserve amount will be reviewed and updated annually.

Stat. Auth.: ORS 25.275, 25.280 & 180.345
Stats. Implemented: ORS 25.275 & 25.280
Hist.: DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10; DOJ 1-2011(Temp), f. & cert. ef. 1-26-11 thru 7-24-11; DOJ 5-2011, f. & cert. ef. 7-1-11; DOJ 9-2012, f. & cert. ef. 7-2-12

137-050-0750

Medical Support

(1) The scale (see OAR 137-050-0725 and its appendix) includes ordinary unreimbursed medical costs of $250 per child per year. These costs are included in the support obligation and prorated between the parents in the support calculation performed under OAR 137-050-0710.

(2) In addition to the definitions in ORS 25.321 and 25.323, “reasonable in cost” means that:

(a) The cost to a parent of cash medical support or private health insurance is not more than four percent of the parent’s adjusted income as determined in OAR 137-050-0720. A greater amount may be ordered if compelling factors support a finding that a higher cost is reasonable;

(b) The cost to the obligated parent of cash medical support or private health insurance does not exceed the amount of the parent’s income determined in OAR 137-050-0745(2) to be available for medical support; and

(c) Except as provided in section (3), the parent’s income is greater than the Oregon minimum wage for full-time employment.

(3) If the parent’s income is equal to or less than Oregon minimum wage for full-time employment, health care coverage at no cost is reasonable in cost.

(4) In applying the reasonable in cost standard to private health care coverage, only the cost of covering the child for whom support is sought will be considered. If family coverage is provided for the joint child and other family members, prorate the out-of-pocket cost of any premium for the child for whom support is sought only.

(5) If only one parent has private health care coverage that is appropriate and available under ORS 25.323, that parent must be ordered to provide it.

(6) If both parents have access to appropriate, available private health care coverage, both parents may be ordered to provide coverage. If both parents provide coverage, neither parent will be ordered to reimburse the other for the cost of the premium, except as provided in section (11).

(7) If the obligee is ordered to provide private health care coverage and the obligor is not, the obligor must be ordered to pay cash medical support that is reasonable in cost to defray the cost of the premium and other medical expenses, or the order must include a finding explaining why cash medical support is not ordered.

(8) If neither parent has access to appropriate, available private health care coverage:

(a) One or both parents must be ordered to provide private health care coverage at any time whenever it becomes available;

(b) The party with custody of the child may be ordered to provide public health care coverage for the child; and

(c) Either or both parents must be ordered to pay cash medical support that is reasonable in cost, or the order must include a finding explaining why cash medical support is not ordered.

(9) For purposes of this rule, “to provide” health care coverage means to apply to enroll the child and pay any costs associated with the enrollment, even if the cost to the parent is zero.

(10) If the child is not in the custody of either parent and cash medical support is or will be ordered as provided in section (8) of this rule, the agency or person with legal or physical custody of the child is considered the parent for the purposes of receipt or assignment of cash medical support.

(11) A medical support clause may be contingent in that it may order a party to provide private health care coverage and may order an amount of cash medical to be paid any time private health care coverage is unavailable to that party. If cash medical support is ordered due to private health care coverage being unavailable to a party, the order may also provide that any time private health care coverage is available to that party it will be provided instead of cash medical support.

(12) For purposes of ORS 25.323, private health care coverage may be “available” to a parent from any source, including but not limited to an employer or a spouse or domestic partner.

Stat. Auth.: ORS 25.270 - 25.290, 25.323 & 180.345
Stats. Implemented: ORS 25.270 - 25.290 & 25.321 - 25.343
Hist.: DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10; DOJ 12-2011, f. 12-30-11, cert. ef. 1-3-12

137-050-0755

Minimum Order

(1) Notwithstanding any other provision of OAR 137-050-0700 to 137-050-0760, it is rebuttably presumed that a parent has an ability to pay at least $100 per month as child support, except as provided in section (2).

(2) The presumption in this rule does not apply when:

(a) Each parent has 50 percent parenting time, as determined by OAR 137-050-0730;

(b) The administrator is entering an order which requires only medical support; or

(A) Has disability benefits as a sole source of income;

(B) Is incarcerated and without ability to pay as described in OAR 137-055-3300(4); or

Stat. Auth.: ORS 25.270 - 25.290, 180.345
Stats. Implemented: ORS 25.270 - 25.290
Hist.: DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10

137-050-0760

Rebuttals

(1) The presumed support amount may be rebutted by a finding that sets out the presumed amount, concludes that this amount is unjust or inappropriate, and states the reason the presumed amount is unjust or inappropriate. The rebuttal factors may be applied by adjusting the income of a parent, the costs for the child or the presumed support amount. The rebuttal factors include but are not limited to:

(a) Evidence of the other available resources of the parent;

(b) The reasonable necessities of the parent;

(d) A parent’s ability to borrow;

(e) The number and needs of other dependents of a parent;

(f) The special hardships of a parent affecting the parent’s ability to pay support, including, but not limited to, any medical circumstances, extraordinary travel costs related to the exercise of parenting time, or requirements of a reunification plan if the child is in state-financed care;

(g) The desirability of the custodial parent remaining in the home as a full-time parent or working less than full-time to fulfill the role of parent and homemaker;

(h) The tax consequences, if any, to both parents resulting from spousal support awarded, the determination of which parent will name the child as a dependent, child tax credits, or the earned income tax credit received by either parent;

(i) The financial advantage afforded a parent’s household by the income of a spouse or domestic partner;

(j) The financial advantage afforded a parent’s household by benefits of employment including, but not limited to, those provided by a family owned corporation or self-employment, such as housing, food, clothing, health benefits and the like, but only if unable to include those benefits as income under OAR 137-050-0715;

(k) Evidence that a child who is subject to the support order is not living with either parent or is a child attending school as defined in ORS 107.108;

(l) Findings in a judgment, order, decree or settlement agreement that the existing support award is or was made in consideration of other property, debt or financial awards, and those findings remain relevant;

(m) The net income of the parent remaining after payment of mutually incurred financial obligations;

(n) The tax advantage or adverse tax effect of a parent’s income or benefits;

(o) The extraordinary or diminished needs of the child, except:

(A) Expenses for extracurricular activities and

(B) Social Security benefits paid to a child because of a child’s disability;

(p) The return of capital.

(2) Amounts used to rebut income will be applied prior to determining income shares. Amounts used to rebut costs will be based on the respective income shares of the parties. Amounts used to rebut the presumed support amount will be applied on a dollar-for-dollar basis.

Stat. Auth.: ORS 25.270 - 25.290 & 180.345
Stats. Implemented: ORS 25.270 - 25.290
Hist.: DOJ 17-2009(Temp), f. 12-1-09, cert. ef. 1-4-10 thru 7-1-10; DOJ 3-2010(Temp), f. & cert. ef. 1-8-10 thru 7-1-10; DOJ 6-2010(Temp), f. & cert. ef. 2-12-10 thru 7-1-10; DOJ 11-2010, f. & cert. ef. 7-1-10

137-050-0765

Agreed Support Amount

(1) It is in the best interest of children to have support orders reached by agreement of the parents. Entering orders with the parents’ consent promotes positive parental involvement and prompt, consistent payment of the support obligation. Parents who enter into agreed support amounts avoid the uncertainty of hearings and possible appeals.

(2) The guideline support amount and rebuttal factors are intended to meet the needs of most families. Likewise, the rebuttal factors in OAR 137-050-0760 address most situations in which the guideline amount is inappropriate. However, there will be families for whom the support amount, even rebutted, is not correct and who value the certainty of agreed support amounts.

(3) In consideration of foregoing hearing and appeal rights, the parties may consent to a support amount that is within 10 percent of the amount determined under guideline rules 137-050-0700 through 137-050-0760, as rebutted pursuant to OAR 137-050-0760. The order must be entered with the written consent of the parties.

(4) An agreed support amount entered pursuant to this rule is presumed to be just and appropriate within the meaning of ORS 25.280.

Stat. Auth.: ORS 25.270 B 25.290 & 180.345
Stats. Implemented: ORS 25.270B & 25.290
Hist.: DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10

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