1. (1) For ORS to petition the court to require the obligor to post bond or security for payment of a support debt there must be:

   1. (a) no payment for the 90 day period prior to the time of petitioning the court; and
   2. (b) a determination by ORS that such an action is appropriate.

2. (2) ORS will determine whether an action is appropriate by considering the following criteria:

   1. (a) the obligor has the ability to pay but has failed or refused to pay;
   2. (b) the obligor has the ability to provide bond or security and to pay court ordered child support;
   3. (c) income withholding is not a viable method of collecting the support obligation; and

   4. (d) the circumstances of the case include one of the following conditions:

      1. (i) the obligor is self-employed, voluntarily unemployed or underemployed, or receives income-in-kind;
      2. (ii) the obligor realizes income from seasonal or other irregular employment or from commissions; or
      3. (iii) there is reason to believe that the obligor is preparing to leave the state.

KEY: child support, bonding requirements

Date of Last Change: August 14, 2023

Notice of Continuation: April 15, 2024

Authorizing, and Implemented or Interpreted Law: 26B-1-202; 26B-9-108; 26B-9-223; 45 CFR 303.104