justicedao/ipfs_state_laws huggingface dataset:
137-055-3290 Entry of Contingency Orders When Child Out of Care Whenever a proposed child support order is issued pursuant to ORS 25.511 for a child in the care and custody of the Oregon Department of Human Services, and the child leaves care or custody prior to entry of a final order, the administrator or an administrative law judge shall: (1) Enter a final order, in accordance with ORS 25.517, which is contingent upon the child residing in a state financed or supported residence, shelter, or other facility or institution; and (a) If the administrator is entering the final order, sign a certificate establishing the period of non-residency and satisfying the order for the period of non-residency; or (b) If an administrative law judge is entering the final order, advise the administrator that the child is no longer in care or custody of the Oregon Department of Human Services. (2) Upon receipt of information from an administrative law judge that a child is no longer in care or custody of the Oregon Department of Human Services, if appropriate, the administrator shall sign a certificate establishing the period of non-residency and satisfy the order for the period of non-residency. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.517 History: DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 18-2021, amend filed 12/29/2021, effective 01/01/2022 DOJ 23-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3290 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3290 SSP 15-2003, f. 6-25-03, cert. ef. 6-30-03
137-055-3360 Entering of Administrative Orders in the Register of the Circuit Court An administrative order under ORS 25.501 to 25.556 must be entered in accordance with the requirements of this rule: (1) If the administrative order establishes support or parentage and the child is not residing in a state financed or supported residence, shelter or other facility or institution (see ORS 25.517), the order must be entered in the circuit court in the county in which the child, or either parent of the child, resides. (2) If the administrative order establishes support or parentage and the child is residing in a state financed or supported residence, shelter or other facility or institution (see ORS 25.517) or resides out of state, the order must be entered in the circuit court in the county in which the obligor resides. (3) Except as provided in section (4), if the administrative order is one that modifies an underlying support order, the order must be entered in the circuit court in the same county as the underlying support order. (4) If there is a judicial proceeding pending at the time of finalizing an administrative order establishing support or parentage, the administrative order must be entered in the circuit court in the same county as the pending judicial proceeding. (5) If a court case includes an order or judgment establishing parentage, later orders and judgments addressing parentage or child support for the same parties may be entered in the same court case. (6) Nothing in this rule precludes filing liens in other Oregon counties pursuant to ORS 18.152 or transferring judgments pursuant to ORS 25.100 or 107.449. Statutory/Other Authority: ORS 25.505 & 180.345 Statutes/Other Implemented: ORS 25.529 History: DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 25-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 7-2014, f. & cert. ef. 4-1-14 DOJ 7-2011, f. & cert. ef. 10-3-11 DOJ 12-2004, f. & cert. ef. 10-1-04 DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3360 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3360 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1091 AFS 21-2000, f. & cert. ef. 8-1-00
137-055-3435 Physical Custody Changes: Adjusting Orders (1) This rule applies when physical custody of a child changes as described in ORS 25.525. For purposes of this rule, “non-custodial” party means the party without physical custody of the minor child. (2) The provisions of this rule apply only when all of the children in the support order change physical custody from one parent to another, and the change is not for the purpose of exercising parenting time or visitation. (3) Specifically excluded from adjustments for physical custody are an adult child as defined in OAR 137-055-5110 and a child attending school, as defined in 137-055-5110, because neither are considered to be in the physical custody of anyone. (4) When a support order has language sufficient to change the support award when a change in physical custody occurs, a party may submit a sworn affidavit or court order to the administrator which includes the date the party obtained physical custody. The administrator will notify the parties that support will be changed 14 days from the date of mailing to the parties’ last known addresses. The notice must include: (a) A copy of the affidavit or court order; (b) The amount of support the non-custodial party will be ordered to pay, as previously determined in the support order; (c) A statement that a hearing may be requested under ORS 25.513; and (d) A statement that the only issues to be considered in a hearing are whether there has been a change in physical custody and the date on which it took place. (5) If an objection is received, the administrator will forward it, along with the requesting party’s affidavit, to the Office of Administrative Hearings for a final determination about physical custody. (6) If no objection is received, the administrator will file a money award to provide notice of the ending of the obligation of the former non-custodial parent, and of beginning the obligation of the new non-custodial parent. (7) Nothing in this rule prohibits a party from requesting a review and adjustment of a support order under OAR 137-055-3420, or a change of circumstances modification under 137-055-3430. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.525 History: DOJ 29-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 7-2014, f. & cert. ef. 4-1-14 DOJ 1-2010, f. & cert. ef. 1-4-10
137-055-3440 Effective Date of Modification Under ORS 25.527 (1) In any proceeding to modify a support order under ORS 25.527, the modification shall take effect as of the first day of any month following service of the original motion to modify the judgment on the last non-requesting party. (2) If a motion to modify a judgment is served on more than one non-requesting party, the modification shall take effect as of the first day of any month following service of the original motion on the last non-requesting party. (3) For purposes of this rule, a non-requesting party is an individual obligee, a child attending school under ORS 107.108 and OAR 137-055-5110, or an obligor under the child support order. (4) For an order that includes contingency language pursuant to ORS 25.517, the obligor will be considered the non-requesting party. (5) An adult child, as defined in OAR 137-055-5110, who has sent a written request to the administrator to be a party to the modification is not a non-requesting party for purposes of determining the effective date of a modification. Statutory/Other Authority: ORS 25.505, 107.135 & 180.345 Statutes/Other Implemented: ORS 25.166 & 25.527 History: DOJ 5-2021, amend filed 02/26/2021, effective 03/01/2021 DOJ 30-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 13-2017, amend filed 12/29/2017, effective 01/01/2018 DOJ 1-2006, f & cert. ef. 1-3-06 DOJ 8-2005(Temp), f. & cert. ef. 9-1-05 thru 2-17-06 DOJ 12-2004, f. & cert. ef. 10-1-04 DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3440 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3440 AFS 15-2002, f. 10-30-02, ef. 11-1-02 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1080 AFS 7-1998, f. 3-30-98, cert. ef. 4-1-98
137-055-3460 Processing Legal Actions When Unable to Find the Obligee (1) Even if the obligee cannot be located, the administrator may still proceed with certain legal actions, including but not limited to: (a) a modification of a support order to zero pursuant to OAR 137-055-3480(1)(a); (b) a termination of a support order; (c) a notice suspending and/or crediting support pursuant to ORS 25.245 or ORS 25.247; and (d) a State Satisfaction of Judgment Creditor’s Support Award (ORS 18.232). (2) For purposes of this rule, before the administrator can determine that the obligee cannot be found, the administrator must first review appropriate manual resources and monitor automated responses, over at least 30 days, to verify an address or employer for the party being sought. (3) If the administrator cannot locate the obligee, the administrator may serve the legal actions described in section (1) of this rule as allowed in ORS 25.020(9)(a). Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.020(9)(a), 25.085, 25.245 & 25.247 History: DOJ 15-2024, amend filed 11/22/2024, effective 12/13/2024 DOJ 1-2020, amend filed 01/22/2020, effective 01/27/2020 DOJ 8-2019, temporary amend filed 07/29/2019, effective 08/01/2019 through 01/27/2020 DOJ 3-2009, f. & cert. ef. 4-1-09 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3460 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3460 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1085 AFS 20-1998, f. & cert. ef. 10-5-98
137-055-3480 Modification of a Support Order to Zero or Termination of a Support Order (1) The administrator may, upon its own initiative, or upon the request of a party modify a child support obligation to zero when: (a) No minor children for whom support was ordered are currently in the physical custody of the obligee; (b) The family has reconciled (the obligor, obligee, and minor children live together as an intact family); or (c) Support rights are not assigned to the state and the obligee has requested that the administrator modify the support obligation to zero. (2) During a hearing pursuant to this rule, OAR 137-055-3420, or 137-055-3430, if an Administrative Law Judge (ALJ) finds facts that satisfy the conditions of subsections (1)(a), (b), or (c) of this rule, the ALJ is authorized to modify the order to zero. (3) If modifying under subsections (1)(a) or (c) of this rule, and there is an adult child: (a) A tier as defined in OAR 137-055-1020 may be included for the adult child; or (b) The order may be modified to remove support provisions for the adult child but can be modified later to include support provisions for a child attending school if the adult child qualifies for support under ORS 107.108. (4) No order modifying a support obligation to zero shall be taken ex parte. (5) Nothing in this rule prohibits the suspension of support accrual under any order because the obligor receives cash assistance, as provided in ORS 25.245, or qualifies as an incarcerated obligor, as provided in ORS 25.247 . (6) An order may be terminated if the children covered by the order are being added to a different order, or if the family has experienced a change of circumstances that makes a support order unnecessary or legally inappropriate, including but not limited to, reconciliation of the parents or relinquishment of parental rights. Statutory/Other Authority: ORS 25.505 & 180.345 Statutes/Other Implemented: ORS 25.287 & 25.527 History: DOJ 1-2023, amend filed 01/03/2023, effective 01/06/2023 DOJ 12-2021, amend filed 10/07/2021, effective 10/08/2021 DOJ 31-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 1-2020, amend filed 01/22/2020, effective 01/27/2020 DOJ 8-2019, temporary amend filed 07/29/2019, effective 08/01/2019 through 01/27/2020 DOJ 6-2019, amend filed 06/17/2019, effective 06/25/2019 DOJ 28-2018, temporary amend filed 12/28/2018, effective 12/28/2018 through 06/25/2019 DOJ 18-2018, amend filed 08/16/2018, effective 08/20/2018 DOJ 1-2006, f & cert. ef. 1-3-06 DOJ 9-2005, f. & cert. ef. 10-3-05 DOJ 7-2004, f. 3-30-04, cert. ef. 4-1-04 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3480 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3480 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1070 AFS 7-1998, f. 3-30-98, cert. ef. 4-1-98
137-055-3485 Establishment or Modification for a Child Who Is Approaching or Has Reached 18 Years of Age (1) For purposes of this rule, “support” includes past support, current support, and support for the time a child is expected to be a child attending school pursuant to ORS 107.108. (2) The administrator may not initiate the establishment of parentage or support for a child after the child turns 18 years old. (3) Legal proceedings initiated before a child turns 18 years old may continue after the child has turned 18 years old. (4) The administrator may initiate modification of a support obligation for a child approaching age 18 only if four or more months of support will be impacted. (5) The administrator may initiate modification of a support obligation for a child attending school, as defined in OAR 137-055-5110, but may only order cash child support or cash medical support from a parent previously or currently ordered to pay either cash child support or cash medical support in an amount greater than zero for that child, and only if four or more months of support will be impacted. (6) When an order is being modified in accordance with section (5) of this rule, one or both parents may be ordered to provide health care coverage for a child attending school regardless of whether they have previously been ordered to provide cash child support or cash medical support. (7) If an order was modified and did not include support provisions for an adult child because the child was 18, 19, or 20 years old and was not qualified as a child attending school, as defined in OAR 137-055-5110, the order can be modified to include cash child support for the child if the child now qualifies as a child attending school, and only if four or more months of support will be impacted. (8) A child will be removed from a class order calculation when the child’s pro rata share of cash child support is less than the Survivor’s and Dependent’s Educational Assistance benefits the child receives pursuant to 38 U.S.C. Chapter 35 as a result of the paying parent’s disability or retirement. No support provisions for that child will be included in the order, and the order must contain a finding that explains why support provisions were not included. Statutory/Other Authority: ORS 25.080, 25.550 & 180.345 Statutes/Other Implemented: ORS 25.010, 25.080, 25.287, 25.505, 25.527, 107.105, 107.108, 107.135, 109.100, 109.510, 109.704, 110.503, 412.001, 418.001 & 419B.400 History: DOJ 14-2025, minor correction filed 12/23/2025, effective 12/23/2025 DOJ 12-2022, amend filed 11/28/2022, effective 12/02/2022 DOJ 32-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 11-2019, amend filed 09/24/2019, effective 09/27/2019 DOJ 3-2019, temporary amend filed 03/29/2019, effective 04/01/2019 through 09/27/2019 DOJ 18-2018, amend filed 08/16/2018, effective 08/20/2018 DOJ 9-2017, minor correction filed 11/09/2017, effective 11/09/2017 DOJ 10-2004, f. & cert. ef. 7-1-04
137-055-3490 Suspension of Enforcement (1) For purposes of this rule, “credit balance” means that payments received pursuant to a child support order exceed the amount of arrears and current support that has accrued under the order as reflected in the administrator’s accounting records. (2) When an action to modify, terminate, or set aside a child support order is pending, the administrator may suspend enforcement of the child support order if: (a) The obligor has custody of all of the parties’ children and continued collection of child support would impair the obligor’s ability to provide for their care ; or (b) Collection of child support would result in a credit balance if the legal action is completed . (3) When the administrator determines that enforcement of a child support order should be suspended under this section, the administrator will send written notice of the intent to suspend enforcement to the parties at least 14 days prior to suspending enforcement. The notice shall inform the parties that the order qualifies for suspension of enforcement under section (2) of this rule. (4) When the administrator suspends enforcement of the child support order, the administrator will send written notice to the parties. The notice will inform the parties of the following: (a) If a party disagrees with the suspension, the party may submit a written request for administrative review; and (b) That enforcement will resume if the reason for the suspension no longer applies. (5) Upon receipt of a written request, the administrator will conduct an administrative review within 30 days and send written notification of the results of the review to the parties. (6) Enforcement of current support or arrears will be resumed only for the following reasons: (a) The administrator determines that the reason(s) for the suspension no longer apply; or (b) The legal action referenced in section (2) is complete. (7) A party may appeal the administrator’s decision as provided in ORS 183.484. Statutory/Other Authority: ORS 25.125 & 180.345 Statutes/Other Implemented: ORS 25.125 & 25.241 History: DOJ 55-2020, amend filed 08/04/2020, effective 08/07/2020 DOJ 15-2015, f. 12-22-15, cert. ef. 1-1-16 DOJ 1-2006, f & cert. ef. 1-3-06 DOJ 8-2005(Temp), f. & cert. ef. 9-1-05 thru 2-17-06 DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3490 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3490 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0069 AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98
137-055-3495 Redirection of Support (1) “Redirect” or “redirection of support” means: (a) The process of distributing support that would otherwise be paid to the judgment creditor to a person who has physical custody of one or more minor children covered by a child support order; or (b) The process of distributing to the obligee any support that would otherwise be paid to a child attending school pursuant to OAR 137-055-5110(4)(a). (2) The administrator may redirect support to a person with physical custody of one or more minor children covered by a child support order under the following circumstances: (a) The judgment creditor submits a notarized authorization for support to be redirected to a person with physical custody of one or more minor children covered by a child support order; or (b) The administrator has joined a person with physical custody of one or more minor children to a child support order pursuant to OAR 137-055-3500 and the order is not being modified. (3) If the order is a class order as defined in OAR 137-055-1020(6) and current support is redirected under this rule for less than all of the children for whom support is ordered, the administrator will determine the amount of support to attribute to each child by dividing the monthly support amount by the number of children for whom support is ordered. Statutory/Other Authority: ORS 25.505 & 180.345 Statutes/Other Implemented: ORS 25.503 History: DOJ 10-2022, minor correction filed 08/01/2022, effective 08/01/2022 DOJ 19-2021, minor correction filed 12/30/2021, effective 12/30/2021 DOJ 16-2021, minor correction filed 11/18/2021, effective 11/18/2021 DOJ 14-2021, minor correction filed 11/12/2021, effective 11/12/2021 DOJ 5-2021, amend filed 02/26/2021, effective 03/01/2021 DOJ 33-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 6-2015, f. & cert. ef. 3-30-15
137-055-3620 Administrative Subpoena (1) The administrator and child support programs of other states that provide services pursuant to Title IV-D of the Social Security Act may issue administrative subpoenas pursuant to ORS 25.082. (2) Subpoenas issued by the administrator and child support programs of other states shall be in the form adopted by the United States Department of Health and Human Services for that purpose. (3) Administrative subpoenas issued under this rule may compel the release of financial records and other information needed to establish parentage or to establish, modify or enforce a support order. (4) Administrative subpoenas issued under this rule may be served on an individual or on a public or private entity. (a) A public entity means an agency or office of any federal, state or local government. (b) A private entity means any business entity or organization however organized, including all profit and non-profit entities. (5) Subpoenas issued by the administrator pursuant to this rule may specify a time for compliance of not less than ten working days. (6) Subpoenas issued pursuant to this rule may be served by certified mail or personal service. (7) An administrative subpoena issued by the administrator or a child support program of another state may be enforced by an Oregon court or the administrator. (8) The administrator may enforce a subpoena by: (a) Imposition of a civil penalty not to exceed $250 imposed in the manner provided in ORS 183.745; (b) Application to a court to compel compliance with the administrative subpoena; or (c) Suspension of a license pursuant to OAR 137-055-3640 if the individual served with the subpoena is a party to a child support or parentage case. Statutory/Other Authority: ORS 25.082 & 180.345 Statutes/Other Implemented: ORS 25.750 & 25.082 History: DOJ 15-2025, minor correction filed 12/23/2025, effective 12/23/2025 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3620 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3620 SSP 4-2003, f. 2-25-03, cert. ef. 3-1-03 AFS 2-2001, f. 1-31-01, cert. ef. 2-1-01 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0076 AFS 13-1999, f. 10-29-99, cert. ef. 11-1-99 AFS 23-1997, f. 12-29-97, cert. ef. 1-1-98 AFS 13-1996, f. 4-15-96, cert. ef. 5-1-96
137-055-3665 Multiple Child Support Judgments — Multiple Obligees (1) For the purposes of this rule, the provisions of OAR 137-055-3660 will apply to cases with multiple child support judgments, with the following exceptions: (a) When the administrator finds that two or more child support judgments exist involving the same obligor, same child(ren) and multiple obligees for the same time period, the administrator may initiate a governing child support order, and reconcile arrears. (b) When the administrator finds that two or more child support judgments exist involving the same obligor, and multiple obligees for the same time period but do not include all of the children, the administrator may initiate a governing child support order, and reconcile arrears to the extent possible. (2) The obligee having physical custody of the child(ren) during the month in which arrears accrued will be allocated that month’s arrears. (3) The allocation in section (2) may be done on a pro rata basis, using the monthly support amount for each child, if there are multiple obligees for different children. Statutory/Other Authority: ORS 25.531 Statutes/Other Implemented: ORS 25.164, 25.167 & 25.515 History: DOJ 35-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 12-2004, f. & cert. ef. 10-1-04