[OR] Do you need to serve a notice of intent to apply for default if the other party sent an unfiled response?

I understand that navigating child support modifications can be challenging. Have you already filed for a modification, or are you in the process of preparing to do so?

What specific changes in circumstances are prompting the need for this modification?

Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your child support modification.

Hello, and thank you for reaching out! I'm Jon, a licensed attorney with over 14 years of experience, here to help. I understand legal matters can feel overwhelming, but you're in good hands. My goal is to explain things clearly and guide you toward the best possible solution for your situation. Just a quick note: our conversation is for general legal information only and does not create an attorney-client relationship.

Which state is this occurring in?

Got it, thanks for sharing all that information. Since the 30-day response period ends today and the other party hasn't filed their response with the court, are you considering moving forward with a default judgment? If so, do you have any questions about that process?

Understood! I believe I have all the information I need. Is there anything else you'd like to add before I start working on your answer? If not, I'll get started right away.

Got it! I just need a few minutes to put together a complete response for you. It shouldn't take longer than about 4 to 5 minutes, and I want to make sure it's clear and comprehensive. Thanks so much for waiting, I really appreciate your patience.

This situation is a common procedural issue in Oregon family law. Even though she did not properly file her response with the Lane County Circuit Court clerk or pay the required filing fee, you will almost certainly still need to serve her with a 10-Day Notice of Intent to Apply for an Order of Default before asking the court to enter a default against her.

The reason is found in Oregon Rule of Civil Procedure (ORCP 69 B(2)). Under that rule, you must give the other party at least 10 days' notice before requesting a default if they have either appeared in the case or provided written notice that they intend to appear. Although she did not file a formal response with the court or send a separate statement saying she intended to participate, Oregon courts generally interpret written communications broadly. By mailing you a notarized letter that responded to your motion, admitted some facts, and disputed others, such as her income, she showed that she intends to defend the case.

If you skip the 10-day notice and ask for a default right away, you could run into problems. The court may reject your request because you would not be able to honestly state that you received no written notice of her intent to participate. Even if a default were entered, she could later ask the court to set it aside under (ORCP 71 B), which allows a party to seek relief from a default judgment. If the judge finds that the required notice under (ORCP 69 B(2)) was not given, there is a strong chance the default could be vacated because the proper procedure was not followed.

It's also worth keeping the underlying modification standard in mind. Oregon child support modifications, including changes based on a child aging out or a shift in which parent a child lives with, are governed by (OR Rev Stat § 25.287), which sets out how and when a support judgment can be modified. Making sure the default procedure is handled correctly protects your ability to actually get that modification entered without delay or challenge.

The safest approach is to wait until the 30-day response period has expired and then prepare your Notice of Intent to Apply for an Order of Default. File the notice with the court and serve a copy on her in the format required by Uniform Trial Court Rule (UTCR) 2.010. Once she is served, the 10-day period begins. During that time, she has the opportunity to correct her mistake by properly filing her response with the court and paying any required filing fee.

If those 10 days pass and she still has not properly appeared in the case by filing with the court, you can then file your motion, declaration, and proposed order requesting a default. In your declaration, explain that she mailed you a letter, that you served the required 10-day notice under ORCP 69 B(2), and that she still did not properly file her appearance with the court within the required time.

After waiting through the original response period, adding another 10 days can certainly feel frustrating. However, following this procedure gives your request the strongest legal footing. It helps ensure that any default judgment entered on your child support modification is much less likely to be challenged or set aside later because all of the required procedural steps were followed.

You can simply serve her by first-class mail, as the strict alternative service order only applied to getting the initial case started. When you file the 10-day notice with the court, just include a brief certificate stating the date and address where you mailed it. To keep everything completely airtight, it is a smart idea to also send her a quick text and email with a copy so she cannot claim she never saw it. Just keep in mind that mailing it adds three extra days to the timeline, meaning you will need to wait 14 days total before you can officially file for the default judgment. Does that help clear things up for you? If you have any other questions or need more help, please don't hesitate to ask!

Because this notice is governed by strict format guidelines under Oregon law, specifically Uniform Trial Court Rule 2.010, there is actually no official fill-in-the-blank state form provided by the court. Parties typically draft it themselves on legal pleading paper.

But I do hope the information I provided was helpful and addressed your question.

You should review the rule in full on your own. I'd be happy to help with any new questions or different topics if posted separately. We can only do one question per post.