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General Judgment Of Annulment And Money Award (With Children) (17B) Form. This is a Oregon form and can be use in Circuit Court Statewide.
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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF
In the Matter □ of the Marriage of:
)
)
,
)
Petitioner,
)
)
and
)
)
,
)
Respondent
)
and
)
)
)
□
,
)
Child who is at least 18 and under 21 years )
of age, unmarried and unemancipated.
)
(ORS 107.108)
)
Case No.
GENERAL JUDGMENT OF ANNULMENT;
and MONEY AWARD
[With Children]
1. This matter came before the Court:
□ On the motion and affidavit of Petitioner, the default of Respondent having been found.
□ On the motion of Petitioner, the default of Respondent having been found, and Respondent being
represented by a guardian ad litem or another person described in Rule 27.
□ On the motion and affidavit of Petitioner, Respondent having filed a Waiver of Further Appearance.
□ On the stipulations of the parties, as shown by the signatures below.
□ At a hearing held
, at which the following persons were present:
(date)
□ Petitioner
□ Petitioner’s attorney
□ Respondent
□ Respondent’s attorney
2. Findings. The Court considered the: □ Affidavit □ Affidavit and stipulations □ Evidence presented
and found that:
A. The marriage shall be annulled on the grounds that:
The marriage/domestic partnership is void because:
Petitioner Respondent was currently married/registered to/with a living spouse/partner when
the parties married/registered.
The parties are first cousins or more closely related by blood or by adoption.
The marriage/domestic partnership is voidable and was not afterwards ratified because:
Consent was obtained by fraud
Consent was obtained by force
One or both of the parties was incapable of entering into a contract of marriage/domestic
partnership or giving consent due to insufficient age or understanding.
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B. □ Spouses Only: □ Petitioner □ Respondent has/have been a resident of and domiciled in the state of
Oregon continuously for six months immediately prior to the filing of the Petition for Dissolution of
Marriage.
□ Domestic Partnership Only: One or both of the parties to this case currently live in the county where
this petition has been filed, or □ neither party currently resides in Oregon but the petition has been filed
in the county where □ Petitioner or □ Respondent last resided.
C. Children of the Marriage/Domestic Partnership. The following children were born to/ adopted by
the parties before or during this marriage/domestic partnership (list name(s), date of birth(s) and age(s)):
Name
Date of Birth
Age
□ Petitioner □ Respondent is not the father, or paternity has not been established, of the children (list
names):
born during the marriage/domestic partnership on the following date(s):
□ Neither party is now pregnant.
□ Petitioner □ Respondent is now pregnant. □ Petitioner □ Respondent is not the parent of the
child/ren due
(date).
D. Child Custody Jurisdiction. (Check appropriate boxes)
I.
□ Oregon has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act
to hear the □ custody □ parenting time issue because:
□ Oregon is the child/ren’s home state (i.e., the child/ren have lived here continuously
for the six month period immediately before this case was filed).
□ Other reason:
II.
E.
□ Oregon does not have jurisdiction under the Uniform Child Custody Jurisdiction Act because:
Child/ren Who Are At Least 18 and Under 21 Years of Age.
(child/ren’s name) is at least 18 and under
21 years of age, is unmarried and unemancipated and has:
□ Waived further appearance in these proceedings.
□ Signed and stipulated to the terms of judgment evidenced by the signature below.
□ Fully participated in the proceedings and the judgment effectively binds him/her to the terms.
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NOW, THEREFORE, IT IS HEREBY ORDERED:
The terms of this judgment are effective immediately. The marriage/domestic partnership between
Petitioner and Respondent is hereby annulled and terminated as of the ____________ day of ________(year).
3. Parenting Plan.
Custody of the child/ren is awarded as follows:
□ Petitioner is awarded sole custody of the following child/ren:
□ Respondent is awarded sole custody of the following child/ren:.
□ The parties have agreed to joint custody of the following child/ren:
as described in the attached parenting plan, labeled “Exhibit 1”.
□ Petitioner □ Respondent shall have parenting time with the child/ren in accordance with ☐ the
attached local court rule, or □ the attached parenting plan, labeled “Exhibit 1.”
□ Petitioner □ Respondent shall have reasonable parenting time with the child/ren upon giving
reasonable notice to the other parent. Minimum parenting time, in case of disagreement, shall be:
□ Additional page(s) attached, labeled “Exhibit 1 .”
□ Petitioner □ Respondent shall not have parenting time because this would endanger the health and
safety of the child/ren.
□ Parenting time shall be supervised by
. □ Any cost of the
supervision shall be paid by □ Petitioner □ Respondent □ Other:
□ Petitioner and Respondent shall each provide contact addresses and contact telephone numbers to the
other and notify each other of any emergency circumstances or substantial changes in the child/ren’s
health.
□ Neither parent shall move to a residence more than 60 miles further distant from the other parent
without giving the other parent reasonable notice of the change of residence and providing a copy of
such notice to the court, or □ the requirement of ORS 107.159 regarding notice of move is suspended
for good cause found.
4. Child Support, including Cash Medical Support.
Check either A or B below:
(A)
□ No child support shall be ordered at this time because:
□ An order for child support in the amount of $
monthly, □ including health care
coverage, has already been ordered and docketed with the
County
Circuit Court, case number
.
□ Other reason:
(B)
□ Child support shall be paid by □ Petitioner to Respondent (or) □ Respondent to Petitioner
beginning on the □ first or □
of the month following the date of the
judgment and continuing on the same day of each month thereafter. The support for each child
shall continue until the child reaches eighteen (18) years of age, or is otherwise emancipated,
unless the child is a student attending school as defined by Oregon law, in which case support
shall continue until the child reaches 21 years of age. Until further order, the total payment per
month shall be $
for
children.
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Cash Medical Support: Of the amount ordered above in paragraph 4B, $
is cash medical. The cash medical support amount ordered is in addition to any percentage of
uninsured costs either of the parties is ordered to pay below in paragraph 6(C).
(Check if applicable)
□ Neither Petitioner or Respondent have appropriate private or public health care coverage available
for the parties’ child/ren (see 4(3) below). Cash medical support □ is □ is not ordered and the court’s
findings in this regard are as follows:
□ Petitioner □ Respondent and/or □ Child/ren are eligible for public medical assistance and cannot
be ordered to pay cash medical support.
(Check if applicable)
□ This order shall modify and replace the following existing order:
(List court/agency and case no.)
because the court finds that the existing order was issued by an Oregon court or agency, one of the
parents or the child/ren receiving support under the order still resides in Oregon and circumstances have
changed since this order was entered.
5 Child Support Calculation (Check any that apply).
□ The child support worksheet on which the support amount was calculated is labeled “Exhibit
"and
attached to and incorporated in this judgment.
□ The support award does not deviate from the amount presumed correct under the guidelines set outin the
Oregon Administrative Rules.
□ The support amount presumed correct under the guidelines set out in Oregon Administrative Rules is
$
. The support award deviates from this amount because this Court finds that application
of the formula would be unjust or inappropriate in this case because of (check one or more that apply):
□ Recurring medical expenses of
□ Other
6. Health Care Coverage. (DO NOT FILL THIS SECTION OUT if the boxes in Paragraph 4(A) above have
been checked stating that there is an existing child support order that includes health care coverage currently
in effect.)
A.) PRIVATE INSURANCE IS AVAILABLE □ Petitioner □ Respondent shall name the child/ren as
beneficiaries of the following appropriate private health care coverage for the duration of the support
obligation (describe type/s of coverage):
B.) NO PRIVATE INSURANCE IS AVAILABLE NOW Neither Petitioner nor Respondent has
appropriate private health care coverage available for the parties’ child/ren.
1.) □ Petitioner □ Respondent is ordered to apply to enroll the child/ren in public health care
coverage. If the child/ren is/are accepted for enrollment, this coverage shall be maintained.
2.) □ Petitioner □ Respondent has already applied to enroll the child/ren in public health
care coverage. If the child/ren is/are accepted for enrollment, this coverage shall be maintained.
3.) □ The child/ren are currently enrolled in public health care coverage. This coverage
shall be maintained.
4.) □ Petitioner, □ Respondent □ Both Petitioner and Respondent are ordered to provide
appropriate private health care coverage when such coverage becomes available to them through any
source.
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C.) RESPONSIBILITY FOR UNINSURED HEALTH EXPENSES □ Petitioner should pay
% and Respondent should pay
% of the uninsured health, accidental, dental,
orthodontic, and optical costs incurred by the child/ren, including costs for prescriptions. This obligation
is in addition to any cash medical support ordered above in paragraph 4 as part of the child support
award.
NOTICE ABOUT PERIODIC REVIEWS
If you are receiving child support services through the Department of Justice pursuant to option (a) above,
either parent may request that the Department of Justice/Division of Child Support review the amount of support
ordered after three years from the date the order took effect or at any time upon the occurrence of a substantial
change of circumstances.
7. Payment of Child Support.
Pursuant to ORS 25.378(1), an income withholding order shall be issued to enforce the child support obligation
unless an exception is indicated below.
□ Exceptions to withholding. Income withholding is not ordered at this time because there is no
support arrearage, the paying parent has not previously been granted an exemption from withholding, and:
□ The parents, and the State, if support rights are assigned, have agreed in writing to an alternative
arrangement; or
□ Good cause not to require withholding is found because there is proof of timely payment of
previously-ordered support and income withholding would not be in the best interests of the child.
All payments of child support shall be made (check either (a) or (b) below):
(a)
□ To the Oregon Department of Justice, Child Support Accounting Unit, P.O. Box 14506,
Salem, Oregon, 97309 or □ by electronic payment withdrawal (EPW) or electronic funds
transfer (EFT).
(b)
□ Pursuant to the above exception, directly to □ Petitioner’s □ Respondent’s checking or
savings account. A receipt of deposit shall be kept by the parent paying support as proof of
payment. A canceled check is also prima facie evidence that payment has been made. The
person receiving support shall provide the paying parent with current deposit slips and/or bank
name, account name and account number.
NOTICE OF INCOME WITHHOLDING
This support order is enforceable by income withholding under ORS 25.378 to 25.390, 25.414 to
25.372 and 25.375. Withholding shall occur immediately, whenever there is an arrearage at least equal to the
support payment for one month, whenever the obligated parent requests such withholding, or whenever the
obligee requests withholding for good cause. The District Attorney or, as appropriate, the Division of Child
Support of the Department of Justice, will assist in securing such withholding. Exceptions may apply in
some circumstances.
8. Dependents for Tax Purposes.
□ Petitioner □ Respondent shall be entitled to claim the following child/ren as dependent(s) for tax
purposes beginning the year this judgment is entered (list names):
, OR
□ Other (specify):
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9. The support obligations ordered in paragraphs 2 through 6 above shall continue until the child reaches
18years of age or is otherwise emancipated, or until the child reaches age 21, so long as the child is a student
attending school, as defined by Oregon law.
10. Life Insurance Coverage for Child/ren.
□ Petitioner □ Respondent shall obtain and maintain life insurance for the benefit of the parties’
child/ren throughout the period of the support obligation if he/she is insurable. The coverage shall be in the
amount of $
.
NOTICE ABOUT PARENTING TIME AND CHILD SUPPORT
The terms of child support and parenting time (visitation) are designed for the child’s benefit and not the
parents’ benefit. You must pay support even if you are not receiving parenting time. You must comply with
parenting time and visitation orders even if you are not receiving child support.
Violation of child support orders and visitation or parenting time orders is punishable by fine, imprisonment or
other penalties.
Publicly funded help is available to establish, enforce, and modify child support orders. Paternity establishment
services are also available. Contact your local district attorney, the domestic relations court clerk, or the
Department of Justice at 1-800-850-0228 or 503-378-5567 for information.
Publicly funded help may be available to establish, enforce, and modify parenting time or visitation orders.
Forms are available to enforce parenting time or visitation orders. Contact the domestic relations, civil court
clerk or courthouse facilitator for information.
11. Spousal Support and Life Insurance.
□ No spousal support or spousal life insurance is ordered in this case.
□ The terms indicated on the inserted Supplement to Judgment shall be in effect.
12. Real Property Distribution.
□ Neither Petitioner nor Respondent has any interest in any real property located in this or in any other
state.
□ Petitioner □ Respondent has/have an interest in real property located at the address of
□ This property shall be distributed as follows:
□ Additional page labeled “Paragraph 12 - Real Property Distribution continued” attached.
□ The legal description of the property is attached as “Exhibit
” and incorporated into this
Judgment.
□ Petitioner □ Respondent shall be responsible for the preparation, signing and recording of a deed,
transferring the real property as required by this judgment.
□ Distribution of this property is not within the jurisdiction of this court.
13. Personal Property Distribution (including motor vehicles).
□ The Petitioner and Respondent have divided between them all personal effects, household goods
and other personal property they own separately or together, and each shall be awarded those items now in their
possession.
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□ The Petitioner is awarded the following personal property:
□ Additional page labeled “Paragraph 13 - Petitioner’s Personal Property Distribution continued” attached.
□ The Petitioner is awarded his/her retirement benefits, pension plan, profit-sharing plan, deferred
compensation plan, and/or stock option plan held by Petitioner’s current or past employer, free of any interest in
the Respondent.
□ The Respondent is awarded his/her retirement benefits, pension plan, profit-sharing plan, deferred
compensation plan, and/or stock option plan held by Respondent’s current or past employer, free of any interest
in the Petitioner.
□ The Respondent is awarded the following personal property:
□ Additional page labeled “Paragraph 13 - Respondent’s Personal Property Distribution continued” attached.
14. Distribution of Debts.
□ The debts shall be paid as follows:
Name of Creditor (who
money is owed to)
What debt is for
Amount
Who shall pay (Petitioner or
Respondent)
□ Additional page attached, labeled “Paragraph 14 continued”.
Each party shall be responsible for the payment of all debts incurred by him or her individually since the
date of the separation; all debts which are distributed to him or her by the court; and all debts which are secured
by property distributed to that party. Also, if any creditor asks the spouse/domestic partner not responsible for a
debt to pay all or a portion of it, and he or she does so, the spouse/domestic partner responsible for that debt
shall reimburse the other spouse/domestic partner for any monies he/she paid to the creditor after the date this
judgment was entered.
The date of separation (when you began living apart) was:
15. Transfer of Property and Debts.
Within thirty (30) days of the date of this judgment, each party shall execute, acknowledge and deliver
whatever documents are necessary to accomplish the distribution of debts and property ordered by the court.
The judgment shall operate to convey title to the party awarded the property if the other party fails to comply
with this requirement.
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16. Former Name.
□ Petitioner’s □ Respondent’s former name of
is restore
17. Additional Provisions:
□ Additional page attached labeled “Paragraph 17 - Additional Provisions continued”.
18. Court Costs and Fees.
A. Deferred Costs and Fees
Any court costs and service fees (if service was completed by the Sheriff) that were deferred (required to
be paid at a later date) by the court shall be paid by:
□ Petitioner
□ Respondent.
□ Both parties equally
□ Other:
.
B. Costs and Fees Paid by the Parties
□ Each party shall be responsible for paying his/her own court costs and service fees for this case.
□ To be paid by both parties equally
□ Petitioner □ Respondent shall reimburse the other spouse for his/her court costs and service fees for
this case.
Other:
.
Judgment shall be entered according to the cost and fee allocation listed above.
19. Information Required by ORS 25.020 and ORS 107.085.
□ Based on a finding that the health, safety, or liberty of □ Petitioner □ Respondent or a child,
, would unreasonably be put at risk by disclosure of the following
information, □ Petitioner □ Respondent has been allowed not to disclose this information.
□ Otherwise:
Petitioner
Respondent
Full Name
Former Legal Name(s)
Age
Address or Contact
Address
Telephone Number
Social Security Number
Do not list.
Provided by UTCR 2.100 Affidavit
Do not list.
Provided by UTCR 2.100 Affidavit
Drivers License Number
Employer Name
Employer Address
Employer Telephone
□ Additional page labeled “Paragraph 19 continued” attached.
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Both parties shall inform the Court and the Department of Justice (P.O. Box 14506, Salem, Oregon
97309) in writing of any change in the above information required by ORS 25.020 within ten (10) days of such
change, unless a finding of unreasonable risk has been made in this case. If the court has ordered that a party be
allowed not to disclose information by means of this Judgment in Paragraph 19 above, the Department of
Justice or the District Attorney shall not disclose the information in the preceding section to the other parent.
Date of marriage/domestic partnership:
Place of marriage/domestic partnership:
.
.
20. Effective Date: The marriage/domestic partnership of the parties is declared void and annulled as
of (date):
.
21.
Money Award. Child Support Obligation □ included □ not included.
Spousal Support □ included □ not included.
Additional
information required
by ORS 18.042
PETITIONER
RESPONDENT
Full Name
Address or
Contact Address
Attorney’s Name,
Telephone Number
and Address (if
applicable)
Date of Birth
Driver’s License Number
and State of Issuance
The following information is to be provided by any party entitled to receive a money award
(a “judgment creditor”) as listed in this Judgment.
Others Entitled to
Portions of Judgment
Payable to
PETITIONER
The following person(s) or public bod(ies) are known by Petitioner to be entitled to a
portion of a payment made on the judgment (other than Petitioner’s attorney):
□ None or □
Others Entitled to
Portions of Judgment
Payable to
RESPONDENT
The following person(s) or public bod(ies) are known by Respondent to be entitled
to a portion of a payment made on the judgment (other than the Respondent’s
attorney): □ None or □
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Type of Judgment
Child Support
Award
Amount of Judgment
WHO PAYS
□ Petitioner
□ Respondent
WHO RECEIVES
□ Petitioner
□ Respondent
Spousal Support
Award
WHO PAYS
□ Petitioner
□ Respondent
WHO RECEIVES
□ Petitioner
□ Respondent
$
□ Other:
the judgment
□ per month or □ Other:
, starting on the □ first day or
of the month following the date of
□ Of this Child Support Award, $ ________________
constitutes “cash medical support”
3. $
per month or Other:
, starting on the first day or
□ Other:
of the month following the date of
the judgment, lasting until
(date), or the death of either party, whichever comes first; or
4. A lump sum payment of $
by (date):
to be paid
SPOUSAL SUPPORT PAYMENTS ARE TAXABLE TO THE OBLIGEE SPOUSE/DOMESTIC
PARTNER AND DEDUCTIBLE TO THE OBLIGOR SPOUSE/DOMESTIC PARTNER. ALL
PAYMENTS TERMINATE UPON THE DEATH OF EITHER PARTY.
Property Division
(if applicable)
WHO PAYS
□ Petitioner
□ Respondent
WHO RECEIVES
□ Petitioner
□ Respondent
□Prejudgment
Interest
(Note: ORS
21.607(1)
disallows interest
on fees that have
been deferred.)
1. $
per month, starting on the
□ first day or □ Other:
of the month following the date of the judgment until the
total amount of $
is paid in full; or
2. A lump sum payment of $
to be paid by:
(date).
WHO PAYS
□ Petitioner
□ Respondent
$
WHO RECEIVES
□ Petitioner
□ Respondent
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Postjudgment
Interest
(Note: ORS
21.607(1)
disallows interest
on fees that have
been deferred.)
Accrued Arrears
(if any, on
judgments to be
paid on a periodic
basis)
Costs and Service
Expenses
(e.g., filing fees,
hearing fees, trial
fees, process fees)
Attorneys Fees
(if any)
WHO PAYS
□ Petitioner
□ Respondent
WHO RECEIVES
□ Petitioner
□ Respondent
WHO PAYS
□ Petitioner
□ Respondent
WHO RECEIVES
□ Petitioner
□ Respondent
Nine percent ( 9 %) per annum simple interest on the unpaid
balance of the total judgment amount(s) of
$
.
Interest accrues from the date the judgment is entered and
continues until fully paid.
1. $
per month, starting on the
□ first day or □ Other:
of the month following the date of the
judgment until the total amount of $
is paid
in full; or
2. A lump sum payment of $
to be paid by:
(date).
WHO PAYS
□ Petitioner
□ Respondent
$
WHO RECEIVES
□ Petitioner
□ Respondent
WHO PAYS
□ Petitioner
□ Respondent
$
WHO RECEIVES
□ Petitioner
□ Respondent
DATED this
day of
, 20
Circuit Court Judge
Print Name
///
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GENERAL JUDGMENT OF ANNULMENT; AND MONEY AWARD [With Children} - PAGE 11 OF 13
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APPLICATION FOR FULL CHILD SUPPORT PROGRAM SERVICES: By signing below, I apply for
child support services, including enforcement, from the Child Support Program(CSP). Check the box in
Paragraph 7(a) if you are requesting accounting and disbursement services only. (Note: If you never received
TANF, tribal TANF or AFDC in any state, an annual $25 fee will apply if over $500 is collected and distributed
to the family each year.)
□ Petitioner, Signature
Date
□Respondent, Signature
Date
□ All parties have agreed (stipulated) to the terms of this judgment. Sign before a Notary Public or
Court Clerk only.
Petitioner, Signature
State of
County of
)
)
This instrument was acknowledged before me on
, 20
by
, (date)
(name of person).
Notary Public for
My Commission Expires:
/Court Clerk
Respondent, Signature
State of
County of
)
)
This instrument was acknowledged before me on
by
, 20
, (date)
(name of person).
_______________________________________
Notary Public for ______________/Court Clerk
My Commission Expires:__________________
///
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□ If applicable, child who is at least 18 and under 21 years of age, has agreed (stipulated) to the terms of this judgment:
(sign only your name)
Child, Signature
State of
County of
)
)
This instrument was acknowledged before me on
by
, 20
, (date)
(name of person).
_______________________________________
Notary Public for ______________/Court Clerk
My Commission Expires:__________________
Certificate of Document Preparation. You are required to truthfully complete this certificate regarding the document
you are filing with the court. Check all boxes and complete all blanks that apply:
□ I selected this document for myself and I completed it without paid assistance.
□ I paid or will pay money to
for assistance in preparing this form.
Submitted by:
□ Petitioner □ Respondent, Signature
Address or Contact Address
Print Name
City, State, Zip
Telephone or Contact Telephone
Certificate of Mailing. I certify that I mailed a copy of this judgment and attachments thereto by U.S. Mail with postage
paid to the other party at the following address:
on the following date:
□ Petitioner □ Respondent, Signature
Print Name
I certify that this is a true copy:
□ Petitioner □ Respondent, Signature
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