§ 25.715 Orders for payment from security deposit

25.715. Orders for payment from security deposit

    (1) The court may order that the portion of a security deposit made under ORS 135.265 that would otherwise be returned to the person who made the deposit or the amount of child support arrearages, whichever is less, be paid to an obligee or the Division of Child Support of the Department of Justice if:

        (a) The defendant is an obligor who owes child support arrearages;

        (b) The obligee or the administrator has filed a motion requesting the court to make such an order;

        (c) The obligee or the administrator has served the defendant with a copy of the motion;

        (d) The defendant has an opportunity to respond and request a hearing; and

        (e) The court has determined that such an order is appropriate.

    (2) The court may order that a portion of a security amount forfeited under ORS 135.280 be paid to the division and be applied to any unsatisfied child support judgment and to provide security for child support payments in accordance with ORS 25.230 if:

        (a) The defendant is an obligor who owes child support;

        (b) The administrator has filed a motion requesting the court to make such an order;

        (c) The motion specifies the amount to be applied to the child support judgment under ORS 135.280; and

        (d) The court has determined that such an order is appropriate.