§ 21.111 Fees in domestic relations cases
21.111. Fees in domestic relations cases
(1) In the proceedings specified in subsection (2) of this section, the clerk of the circuit court shall collect the sum of $99 as a flat and uniform filing fee from the petitioner at the time the petition is filed, and shall collect the sum of $80 as a flat and uniform filing fee from the respondent upon the respondent making an appearance.
(2) The filing fees established by subsection (1) of this section shall be collected by the clerk in the following proceedings:
(a) Proceedings for dissolution of marriage, annulment of marriage or separation.
(b) Filiation proceedings under ORS 109.124 to 109.230.
(c) Proceedings to determine custody or support of a child under ORS 109.103.
(3) In addition to all other fees collected, the clerk of the circuit court shall collect from the moving party a fee of $50 at the time of the filing of a motion after entry of a judgment of marital annulment, dissolution or separation. A fee of $40 shall be charged to the responding party at the time a response is filed to the motion. The fee provided for in this subsection does not apply to any pleading under ORCP 68, 69 or 71.
(4) In addition to all other fees collected, the clerk of the circuit court shall collect from the petitioner a fee of $10 at the time of the filing of a petition for marital annulment, dissolution or separation. A fee of $10 shall be charged to the respondent upon the respondent making an appearance. Fees collected under this subsection shall be paid into the Domestic Violence Clinical Legal Education Account established under ORS 352.655.
(5) A pleading or other document shall be filed by the clerk only if the fee required under this section is paid or if a request for a fee waiver or deferral is granted by the court. No part of any such filing fee shall be refunded to any party. The uniform fee shall cover all services to be performed by the court or clerk in any of the proceedings, except where additional fees are specially authorized by law.
(6) Any petitioner or respondent that files a petition or appearance that is subject to the filing fees established under subsection (1) of this section must include in the caption of the pleading the following words: “Domestic relations case subject to fee under ORS 21.111.”
(7) The fees described in this section shall not be charged to a district attorney or to the Division of Child Support of the Department of Justice for the filing of any case, motion, document, stipulated order, process or other document relating to the provision of support enforcement services as described in ORS 25.080.
REPEAL
This section repealed by Laws 2011, c. 595, § 10, eff. July 1, 2011, operative Oct. 1, 2011.