Oregon Compilation of Information to Identify an Absconded Spouse

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Multi-State
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US-01492BG
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Word; 
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Description

Significant difficulties arise in enforcing child support and spousal support obligations when the person owing the duty of support has departed from the state in which the dependent resides. Such difficulties have led all American jurisdictions to enact legislation providing for domestic enforcement of support obligations with respect to dependents residing in a foreign state where the foreign state has enacted similar reciprocal legislation. The Revised Uniform Reciprocal Enforcement of Support Act (RURESA) was superseded by the Uniform Interstate Family Support Act of 1992 (UIFSA of 1992), which in turn was largely superseded by the Uniform Interstate Family Support Act of 1996 (UIFSA of 1996). The UIFSA of 1996 has now been adopted in almost all states.


This form offers a starting point in trying to locate an absconded spouse by compiling a great deal of important information about the spouse in one document.

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FAQ

Under the Oregon Constitution, in adult criminal proceedings, a crime victim has ?[t]he right, upon request, to obtain information about the conviction, sentence, imprisonment, criminal history and future release from physical custody of the criminal defendant or convicted criminal[.]? Or Const, Art I, § 42(1)(b).

(2) Abandonment of a child is a Class C felony. (3) It is an affirmative defense to a charge of violating subsection (1) of this section that the child was left in ance with ORS 418.017.

Section 34. Prohibition on slavery or involuntary servitude; permissible alternatives to incarceration. (1) There shall be neither slavery nor involuntary servitude in this state.

Article 1, Section 27 of the Oregon Constitution states: "The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]" In State v.

In order for the court to consider this situation abandonment or desertion, it must continue for an extended period of time. The absence must also be permanent and without the consent of the other spouse. A number of elements must play into the situation to constitute abandonment.

(a) Abandonment, including desertion or willful forsaking of a child or young adult, or the withdrawal or neglect of duties and obligations owed a child or young adult by a resource parent or respite provider certified by Child Welfare, a caregiver, or other person.

At the termination hearing, CPS must prove by clear and convincing evidence that the parents are unfit and that it is in the child's best interest that they never regain custody. The court then decides whether one or both of the parents' custodial rights should be terminated.

Oregon statutes provide that an abandoned child is a child left under circumstances in which the identity of his parent is unknown and cannot be ascertained, despite a diligent search, and the parent has not come forward to claim the child for at least three months.

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Oregon Compilation of Information to Identify an Absconded Spouse