justicedao/ipfs_state_laws huggingface dataset:
137-055-6023 Exceptions to Allocation, Distribution, and Disbursement (1) Notwithstanding OAR 137-055-6024, the Department may allocate support payments to multiple cases as directed when the obligor or a responding jurisdiction designates in writing the amounts to be allocated to each case if the designation is made at the time of payment. (2) Notwithstanding OAR 137-055-6024, the Department will allocate support payments to fewer than all cases, rather than proportionately, when: (a) The obligor designates in writing a specific case, or cases, for which payment is to be applied; (b) The support payment resulted from a garnishment, issued pursuant to ORS chapter 18, on fewer than all cases; (c) The support payment resulted from the sale or disposition of a specific piece of property against which a court awarded a specific obligee a judgment lien for child support; or (d) The obligor agrees to the release of a bond directed to a specific case, or cases, in response to a judicial order. (3) An obligor or responding jurisdiction may not designate that a payment apply to a particular type of obligation within a case. (4) The Department may allocate all or a portion of a voluntary payment designated for a specific support case, proportionately, to the obligor’s support cases with unpaid balances, if the designated case was paid in full prior to receipt of the voluntary payment or becomes paid in full as the result of application of a portion of the voluntary payment. (5) The Department may allocate all or a portion of a voluntary payment designated for a receivable or dishonored payment account, proportionately, to the obligor’s support cases with unpaid balances, if the designated account was paid in full prior to receipt of the voluntary payment or becomes paid in full as the result of application of a portion of the voluntary payment. (6) Notwithstanding OAR 137-055-6024, if an obligor is subject to a contempt judgment with probation terms that require a specific payment amount, and if the amount requested for each of the obligor’s cases is received, all payments resulting from income withholding for that obligor shall be allocated to the court case for which they were withheld. (7) Notwithstanding OAR 137-055-6021, OAR 137-055-6022, and OAR 137-055-6024, payments received as a result of an income withholding or garnishment order issued by a tribal court shall be allocated, distributed, and disbursed consistent with the tribal court’s order. Statutory/Other Authority: ORS 25.020 & 180.345 Statutes/Other Implemented: ORS 25.020 History: DOJ 17-2021, amend filed 12/01/2021, effective 12/03/2021 DOJ 19-2018, amend filed 09/04/2018, effective 09/05/2018 DOJ 4-2011, f. & cert. ef. 7-1-11 DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07 DOJ 6-2006, f. & cert. ef. 10-2-06 DOJ 9-2005, f. & cert. ef. 10-3-05
137-055-6026 Payment Holds (1) The Department of Justice may hold some or all of a payment received from or on behalf of an obligor when an action is pending to modify, terminate, satisfy, vacate, or set aside an order and completion of the action is likely to create an overpayment of the entire support case or one or more accounts within the support case. (2) Any portion of a payment held under this rule may be released, refunded, reallocated, or redistributed upon resolution of the pending action. (3) When the first payment during a pending action is held under this rule, the administrator will send written notice to all parties on the case where payments are being held. (4) The notice will advise the parties that they may object on the basis that they believe the account balances are incorrect and they would not be overpaid. (5) The Division of Child Support will conduct an administrative review within 30 days of receiving the written request and will send written notification of the results of the review to the parties. (6) The parties may appeal the administrator’s decision to hold payments as provided in ORS 183.484. Statutory/Other Authority: ORS 25.125, 25.241 & 180.345 Statutes/Other Implemented: ORS 25.241 History: DOJ 7-2021, adopt filed 03/26/2021, effective 04/01/2021
137-055-6040 Right to Hearing to Contest Amount of Assigned Support (1) A party who wants to contest the amount of support that the Division of Child Support (DCS) claims is assigned to the state on the party's child support case may do so by filing a written objection with DCS. (2) Upon receiving a written objection, DCS will conduct an administrative review of the case to verify the correct amount of support claimed as assigned and will make any necessary corrections or adjustments to this amount as determined in the review. (a) DCS will complete its review and make a determination within 45 days from the date of receiving the written objection. (b) DCS will notify the parties, in writing, of this determination and of the right to contest the determination before an administrative law judge. The party must request such hearing in writing within 30 days of the date that DCS sends the written notice of its determination. (3) Prior to any such hearing: (a) DCS may contact or meet with the party to explain how DCS has computed the amount of support assigned to the state on the party's case. (b) The party may withdraw their request for a hearing by notifying DCS in writing. (4) Once a determination has been made, DCS will not conduct further review of the amount of arrears that DCS reports as assigned to the state unless: (a) DCS has made an accounting adjustment to the amount that DCS reports as assigned to the state, and a party then files a written objection to this adjusted amount; or (b) The assistance status of the family has changed since the date of the last administrative review conducted under this rule, and a party then files a written objection. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.020 History: DOJ 1-2006, f & cert. ef. 1-3-06 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-6040 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-6040 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0250 AFS 27-2000, f. & cert. ef. 11-1-00
137-055-6120 Satisfaction of Arrears for Less Than Full Payment (1) The Department of Justice may satisfy all or any portion of child support arrears that are assigned to the State of Oregon or to any other jurisdiction if one or more of the following circumstances apply: (a) An error or legal defect has occurred that indicates a reduction may be appropriate; (b) The arrears are a substantial hardship to the obligor or their household; or (c) A compromise of amounts owing will result in greater collection on the case, considering the maximum amount that the department could reasonably expect to collect from the obligor if no compromise was made and the probable costs of collecting that maximum amount; and (A) The obligor has entered into an agreement with the department to take steps to enhance their ability to pay child support; or (B) The obligor has entered into an agreement with the department to take steps to enhance their ability to care for the child or children who reside with them. (2) If all or any portion of the assigned arrears are assigned to another jurisdiction, the department may satisfy the assigned amount only with the approval of that jurisdiction. (3) For purposes of subsection (1)(c) of this rule, the department will not complete a satisfaction for less than the full payment of arrears unless the department has determined that the obligor has satisfactorily met or is complying with any agreement made with the department pursuant to this rule. (4) The department will record a summary of each agreement to satisfy arrears for less than full payment on the appropriate electronic file on the case. (5) Any satisfaction executed under this rule will be made pursuant to and in full compliance with ORS 18.228. (6) The provisions of this rule notwithstanding, the obligee may satisfy all or any portion of unassigned arrears due to the obligee, pursuant to OAR 137-055-5220. (7) Nothing in this rule precludes the administrator from negotiating a satisfaction of arrears due or potentially due to the obligee for less than full payment by the obligor, but such satisfaction will take effect only when the obligee consents and signs a “satisfaction of support judgment” pursuant to OAR 137-055-5220. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 18.400, 25.020 & 25.080 History: DOJ 8-2025, amend filed 11/24/2025, effective 12/01/2025 DOJ 7-2014, f. & cert. ef. 4-1-14 DOJ 4-2011, f. & cert. ef. 7-1-11 DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11 DOJ 1-2007, f. & cert. ef. 1-2-07 DOJ 9-2005, f. & cert. ef. 10-3-05 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-6120 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-6120 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0150 AFS 11-2000, f. 4-28-00, cert. ef. 5-1-00 AFS 66-1989, f. 11-28-89, cert. ef. 12-1-89, Renumbered from 461-035-0025 AFS 93-1982, f. & ef. 10-18-82 AFS 77-1982, f. 8-5-82, ef. 9-1-82
137-055-6240 Dishonored Payments on Support Accounts (1) When the Department of Justice (Department) receives payments from an obligor, withholder, or another issuer on behalf of the obligor, and two payments from the same source have been dishonored, the Department will hold future payments from that source until notification is received that the payment has cleared the issuer’s financial institution, or for the following periods, whichever occurs first: (a) For 18 working days, if the payment was made by paper check; or (b) For 15 working days, if the payment was made electronically. (2) The Department may waive the requirement provided in section (1) of this rule after a one-year period if no further payments from that issuer have been dishonored, or if the payment was dishonored for reasons that the Department has determined were beyond the issuer’s control, such as an error on the part of the financial institution or the Department. (3) The Department may assess a fee not to exceed $35 against the issuer of the payment. Statutory/Other Authority: ORS 25.125 & 180.345 Statutes/Other Implemented: ORS 25.020, 25.125 & 30.701 History: DOJ 18-2019, amend filed 12/27/2019, effective 01/01/2020 DOJ 15-2015, f. 12-22-15, cert. ef. 1-1-16 DOJ 13-2011, f. 12-30-11, cert. ef. 1-3-12 DOJ 16-2004, f. 12-30-04, cert. ef. 1-3-05 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-6240 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-6240 AFS 4-2001, f. 3-28-01, cert. ef. 4-1-01 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0270 AFS 16-1997, f. 9-2-97, cert. ef. 10-1-97 AFS 66-1989, f. 11-28-89, cert. ef. 12-1-89, Renumbered from 461-035-0046 AFS 53-1983, f. 10-28-83, ef. 11-1-83
137-055-6280 Refund of Improper Tax Refund Collection (1) Whenever a federal or Oregon tax refund owed to a support obligor has been withheld to pay support arrears and that withholding was made in error or overcollects the amount owed, the Division of Child Support (DCS) shall refund the amount withheld in error or overcollected. (2) DCS may authorize the amount withheld, or any part thereof, to be refunded to the obligor by means of an advance payment from its administrative account. Such advance payment shall be made: (a) Immediately when the amount withheld by the taxing agency was improperly withheld as a result of an error by the administrator, and the obligor provides a copy of the notice that the tax refund was being withheld; or (b) The child support arrears certified for purposes of tax refund intercept no longer exist or are less than the amount withheld from the tax refund; and (c) Thirty (30) days have elapsed since the date of the notice to the obligor that the tax refund was being withheld and DCS has not received the obligor's tax refund from the taxing agency; and (d) The obligor provides a copy of that notice to the administrator. (3) When DCS has made an advance payment of a refund to the obligor it will, upon receipt of the tax refund from the taxing agency, retain that refund up to the amount refunded to the obligor to reimburse its administrative account. (4) If the DCS has already forwarded to the payee, part or all of the amount withheld, DCS may establish an overpayment against the payee for that amount, not to exceed the amount refunded to the obligor, pursuant to OAR 137-055-6220. Statutory/Other Authority: ORS 25.020, 25.610, 25.625 & 180.345 Statutes/Other Implemented: ORS 25.020, 25.610, 25.620 & 25.625 History: DOJ 1-2006, f & cert. ef. 1-3-06 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-6280 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-6280 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0220 AFS 7-1997, f. & cert. ef. 6-13-97 AFS 26-1994, f. & cert. ef. 11-3-94 AFS 66-1989, f. 11-28-89, cert. ef. 12-1-89, Renumbered from 461-035-0030 AFS 93-1982, f. & ef. 10-18-82 AFS 77-1982, f. 8-5-82, ef. 9-1-82 AFS 35-1982(Temp), f. & ef. 4-27-82
137-055-7040 Central Registry (1) The central registry required by 45 CFR 303.7 is established within the Department of Justice, Division of Child Support. It is responsible for receiving, distributing and responding to inquiries on all incoming intergovernmental requests. (2) Within ten working days of receipt of a request from an initiating agency or other petitioner, the central registry will: (a) Review the documentation submitted with the request to determine completeness; (b) Forward the request for necessary action either to the State Parent Locator Service for location services or to the administrator for processing; (c) Acknowledge receipt of the request and ask the initiating agency or other petitioner to provide any missing documentation; and (d) Inform the initiating agency or other petitioner where the request has been sent for action. (3) If the documentation received with a request is inadequate, the central registry will forward the request to the appropriate branch or DA office to take appropriate action pending receipt of additional documentation. (4) The central registry must respond to inquiries about case status within five working days from receipt of the request. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.729 & 110.500 - 110.677 History: DOJ 15-2015, f. 12-22-15, cert. ef. 1-1-16 DOJ 4-2011, f. & cert. ef. 7-1-11 DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-7040 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-7040 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-2310 AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98 AFS 24-1994, f. 10-26-94, cert. ef. 12-1-94
137-055-7060 Initiating Jurisdiction Responsibilities – General Provisions (1) The administrator will use a one-state process, when appropriate, to establish, enforce, or modify a support order, or to determine parentage. (2) The administrator will determine: (a) Whether one order exists or multiple orders exist for the same child and obligor; (b) If there are multiple orders, which jurisdiction should complete a controlling order determination; and (c) Whether a one-state process is appropriate. (3) Within 20 calendar days of completing the actions in section (2) and after receipt of any documentation necessary to process a case, the administrator will: (a) Refer a request for a controlling order determination and reconciliation of arrears, if needed, to the appropriate jurisdiction; (b) If a one-state process is not appropriate, use federally prescribed forms and procedures to refer the case to the appropriate central registry, tribal IV-D program or central authority of a country for appropriate action. (4) The administrator will send any requested additional information within 30 calendar days of receipt of the request or notify the responding jurisdiction when the information will be provided. (5) The administrator will notify the responding jurisdiction within ten working days of receipt of new case information. (6) The administrator will notify the responding jurisdiction at least annually, and upon request, of interest charges, if any, owed on a support order issued by this state. Statutory/Other Authority: ORS 25.729 & 180.345 Statutes/Other Implemented: ORS 25.729 & 110.500 - 110.677 History: DOJ 13-2024, minor correction filed 08/06/2024, effective 08/06/2024 DOJ 15-2015, f. 12-22-15, cert. ef. 1-1-16 DOJ 4-2011, f. & cert. ef. 7-1-11 DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-7060 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-7060 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-2320 AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98 AFS 24-1994, f. 10-26-94, cert. ef. 12-1-94
137-055-7100 Interstate Income Withholding The administrator may send direct income withholding to an employer located in another state, and must ensure that the obligor is given the notice required by ORS 25.399. If the obligor files a written contest to the income withholding order in the employer’s state, the administrator may dismiss the direct income withholding order and initiate an intergovernmental request for registration and enforcement. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.729 & 110.500 - 110.677 History: DOJ 15-2015, f. 12-22-15, cert. ef. 1-1-16 DOJ 4-2011, f. & cert. ef. 7-1-11 DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-7100 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-7100 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-2340 AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98 AFS 24-1994, f. 10-26-94, cert. ef. 12-1-94
137-055-7120 Responding Jurisdiction Responsibilities – General Provisions (1) Within 75 calendar days of receipt of an Intergovernmental Child Support Enforcement Transmittal Form, a UIFSA Action Request Form or other form and documentation from the Oregon central registry, the administrator will: (a) Provide location services in accordance with 45 CFR 303.3 if appropriate; (b) If unable to proceed with the case because of inadequate documentation, request any necessary additions or corrections; (c) If the documentation received with a case is inadequate, process the case to the extent possible pending response from the initiating agency. (2) Within ten working days of locating the obligor in a different locale within the state, if appropriate, the administrator will forward the form and documentation to the appropriate office and notify the initiating agency. (3) Within ten working days of locating the obligor outside of Oregon, the administrator will: (a) Return the form and documentation, including the new location, to the initiating agency, or if directed by that agency, forward the form and documentation to the central registry where the obligor has been located; and (b) Document the Oregon case record. (4) Within 30 days of receiving a request, the administrator must provide any order and payment record information requested by another state’s child support program for a controlling order determination, or advise the requesting state when the information will be provided. (5) The administrator must provide to the initiating agency timely advance notice of any formal hearings which may result in establishment or modification of an order. (6) The administrator must notify the initiating agency within ten working days of receipt of new information on a case. (7) The administrator must cooperate with requests for the following limited services: (a) Quick locate; (b) Service of process; (c) Assistance with discovery; (d) Assistance with genetic testing; (e) Teleconferenced hearings; (f) Administrative reviews; (g) High-volume automated administrative enforcement in interstate cases under 42 USC 666(a)(14); and (h) Copies of court orders and pay records. (8) The administrator may cooperate with any other request for limited services. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.729 & 110.500 - 110.677 History: DOJ 15-2015, f. 12-22-15, cert. ef. 1-1-16 DOJ 4-2011, f. & cert. ef. 7-1-11 DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-7120 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-7120 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-2350 AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98 AFS 24-1994, f. 10-26-94, cert. ef. 12-1-94
137-055-7140 Oregon as Responding Jurisdiction – Establishing Parentage; Establishing, Enforcing, and Modifying Support (1) The registering tribunal under ORS chapter 110, the Uniform Interstate Family Support Act, is the circuit court of Oregon. This designation does not preclude action by other tribunals. (2) The administrator will establish parentage and establish, enforce, and modify support in intergovernmental actions under the laws and rules applicable to Oregon actions generally, including but not limited to the applicable provisions of ORS chapters 18, 25, 107, 109, 110, 180, 183, 418, 419B, and 432. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.729 & 110.500 - 110.677 History: DOJ 16-2025, minor correction filed 12/23/2025, effective 12/23/2025 DOJ 47-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 15-2015, f. 12-22-15, cert. ef. 1-1-16 DOJ 4-2011, f. & cert. ef. 7-1-11 DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-7140 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-7140 SSP 4-2003, f. 2-25-03, cert. ef. 3-1-03 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-2360 AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98 AFS 24-1994, f. 10-26-94, cert. ef. 12-1-94