justicedao/ipfs_state_laws huggingface dataset:
137-050-0735 Child Care Costs (1) Adjust the support obligation for child care costs paid by either parent or the child’s caretaker if the child for whom support is being calculated is disabled or under the age of 13. (2) Child care costs must be related to the parent's or caretaker's employment, job search, or training or education necessary to obtain a job. Only actual costs paid by a parent or caretaker for child care that can be documented and determined may be used to compute an adjustment under these rules. (3) Child care costs are allowable only to the extent that they are reasonable and, except as provided in section (4), do not exceed the maximum amounts set out in Table 1. Table 1: Maximum Allowable Child Care Costs by Provider Location (4) The maximum amounts allowed by the Department of Early Learning and Care (DELC) as shown in the Employment-Related Day Care Allowance tables in OAR 414-175-0075, available online at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301963 may be used when those amounts are greater than the amounts in the abbreviated table in section (3). (5) Each parent's obligation for child care costs is that parent's income share percentage as provided by OAR 137-050-0720 multiplied by the total allowed child care costs. A parent's child care cost obligation may not exceed the parent's available income after deducting the parent's basic support obligation. (6) As used in section 1 of this rule, "disabled" refers to a child who has a physical or mental disability that substantially limits one or more major life activities (for example, self-care, performing manual tasks, walking, seeing, speaking, hearing, eating, sleeping, standing, lifting, bending, breathing, learning, reading, concentrating, thinking, communicating, and working). Statutory/Other Authority: ORS 25.270 - 25.290 & 180.345 Statutes/Other Implemented: ORS 25.270 to 25.290 History: DOJ 14-2023, minor correction filed 07/14/2023, effective 07/14/2023 DOJ 13-2022, amend filed 11/28/2022, effective 12/02/2022 DOJ 4-2022, minor correction filed 04/08/2022, effective 04/08/2022 DOJ 4-2019, amend filed 05/29/2019, effective 06/01/2019 DOJ 5-2016, f. & cert. ef. 4-1-16 DOJ 3-2016(Temp), f. & cert. ef. 1-29-16 thru 7-26-16 DOJ 8-2014, f. & cert. ef. 5-22-14 DOJ 3-2013, f. 5-15-13, cert. ef. 7-1-13 DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10
137-050-0740 Social Security and Veterans Benefits; Dollar-for-Dollar Reduction in Support Obligation (1) For the purposes of this rule: (a) "Apportioned Veterans benefits" means the amount the U.S. Department of Veterans Affairs deducts from an obligated parent’s Veterans benefits and disburses to the child or to the child's representative payee; and (b) “Social Security benefits” refer to those benefits paid on behalf of a disabled or retired obligated parent to a child or a child’s representative payee. (2) The child support obligation may be reduced dollar for dollar in consideration of any Social Security or apportioned Veterans benefits; and (3) The child support obligation must be reduced dollar for dollar in consideration of any Survivors’ and Dependents’ Educational Assistance (Veterans benefit) under 38 U.S.C. chapter 35. (4) A parent is not entitled to a reduction in support for Veterans or Social Security benefits: (a) That result from the child’s own disability, (b) For which the obligated parent is the representative payee, or (c) That do not result from the obligated parent's own disability or retirement, or, in the case of subsection (3), from that parent's military service. Statutory/Other Authority: ORS 25.270 – 25.290 & 180.345 Statutes/Other Implemented: ORS 25.270 – 25.290 History: DOJ 5-2015, f. & cert. ef. 3-30-15 DOJ 3-2015(Temp), f. & cert. ef. 2-4-15 thru 8-2-15 DOJ 8-2014, f. & cert. ef. 5-22-14 DOJ 3-2013, f. 5-15-13, cert. ef. 7-1-13 DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10
137-050-0745 Self-Support Reserve (1) The support calculation must leave an obligated parent enough income to meet their own basic needs. (2) To determine the amount of the parent's income available for support (“available income”), subtract the self-support reserve of $1,522 from the parent’s adjusted income. (3) The parent's total obligation, including the parent's shares of the basic support obligation, child care costs, health insurance, and cash medical support, may not exceed the parent's available income, except as provided in OAR 137-050-0750(7). (4) The limitation on support described in this rule is reflected in the specific provisions of OAR 137-050-0710 (Calculating Support), OAR 137-050-0725 (Basic Support Obligation), OAR 137-050-0735 (Child Care Costs), and OAR 137-050-0750 (Medical Support). (5) The amount of the self-support reserve is based on the federal poverty guideline, multiplied by 1.167 to account for estimated taxes, and rounded to the nearest whole dollar. This rule will be reviewed and updated annually to reflect changes in the federal poverty guideline. Statutory/Other Authority: ORS 25.275, 25.280 & 180.345 Statutes/Other Implemented: ORS 25.275 & 25.280 History: DOJ 3-2025, amend filed 06/23/2025, effective 07/01/2025 DOJ 11-2024, amend filed 06/24/2024, effective 07/01/2024 DOJ 7-2023, amend filed 06/26/2023, effective 07/01/2023 DOJ 9-2022, amend filed 06/29/2022, effective 07/01/2022 DOJ 9-2021, amend filed 06/29/2021, effective 07/01/2021 DOJ 54-2020, amend filed 06/29/2020, effective 07/01/2020 DOJ 4-2019, amend filed 05/29/2019, effective 06/01/2019 DOJ 9-2018, amend filed 06/29/2018, effective 07/01/2018 DOJ 1-2017, f. & cert.ef. 3-29-17 DOJ 14-2015, f. 12-22-15, cert. ef. 1-1-16 DOJ 8-2014, f. & cert. ef. 5-22-14 DOJ 3-2013, f. 5-15-13, cert. ef. 7-1-13 DOJ 9-2012, f. & cert. ef. 7-2-12 DOJ 5-2011, f. & cert. ef. 7-1-11 DOJ 1-2011(Temp), f. & cert. ef. 1-26-11 thru 7-24-11 DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10
137-050-0755 Minimum Order (1) Except as provided in OAR 137-050-0740, 137-050-0760, 137-050-0765 and this rule, it is rebuttably presumed that an obligated parent is able to pay at least $100 per month as child support. If an obligated parent’s total support is less than $100, increase cash child support by the amount needed for total support to equal $100. For purposes of this rule total support equals cash child support plus the greater of cash medical support or the total out of pocket cost for health care coverage the parent is ordered to provide pursuant to OAR 137-050-0750. (2) The presumption in this rule does not apply when: (a) Each parent has exactly 182.5 annual average overnights as determined by OAR 137-050-0730; (b) The administrator is entering an order which requires only medical support; (c) A support order is suspended as provided by ORS 25.247; or (d) The parent from whom support is sought: (A) Has disability benefits as a sole source of income; (B) Qualifies as an incarcerated obligor, as defined in OAR 137-055-3300; or (C) Receives public benefits as defined in ORS 25.245. Statutory/Other Authority: ORS 25.270 to 25.290 & 180.345 Statutes/Other Implemented: ORS 25.270 to 25.290 History: DOJ 3-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 12-2017, amend filed 12/29/2017, effective 01/01/2018 DOJ 8-2014, f. & cert. ef. 5-22-14 DOJ 3-2013, f. 5-15-13, cert. ef. 7-1-13 DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10
137-050-0765 Agreed Support Amount (1) It is in the best interest of children to have support orders reached by agreement of the parents. Entering orders with the parents’ consent promotes positive parental involvement and prompt, consistent payment of the support obligation. Parents who enter into agreed support amounts avoid the uncertainty of hearings and possible appeals. (2) The guideline support amount and rebuttal factors are intended to meet the needs of most families. Likewise, the rebuttal factors in OAR 137-050-0760 address most situations in which the guideline amount is inappropriate. However, there will be families for whom the support amount, even rebutted, is not correct and who value the certainty of agreed support amounts. (3) In consideration of foregoing administrative hearing rights, the parties may consent to a support amount that is within 15 percent of the amount determined under rules 137-050-0700 through 137-050-0760. The order must be entered with the written consent of the parties. (4) Apply any change to the support amount under this rule proportionally to cash child support and cash medical support, and to minor children and Children Attending School. Round each result to the nearest dollar. (5) An agreed support amount entered pursuant to this rule is presumed to be just and appropriate within the meaning of ORS 25.280. Statutory/Other Authority: ORS 25.270 - 25.290 & 180.345 Statutes/Other Implemented: ORS 25.270 - 25.290 History: DOJ 9-2018, amend filed 06/29/2018, effective 07/01/2018 DOJ 3-2013, f. 5-15-13, cert. ef. 7-1-13 DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10
137-055-1040 "Party Status" in Court and Administrative Proceedings (1) In any proceeding to establish, modify or enforce a parentage or support obligation initiated by the administrator (as defined in OAR 137-055-1020), the administrator represents only the interests of the state. (2) In any action taken under ORS 25.080, the State of Oregon, the obligor, and the obligee are parties. (3) In any action taken under ORS 25.080, for purposes of Oregon Administrative Rules, chapter 137, division 55, a child attending school as defined in ORS 107.108 and OAR 137-055-5110, is a necessary party to all legal proceedings. Statutory/Other Authority: ORS 25.080 & 180.345 Statutes/Other Implemented: ORS 25.080 History: DOJ 12-2025, minor correction filed 12/23/2025, effective 12/23/2025 DOJ 1-2006, f & cert. ef. 1-3-06 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-1040 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-1040 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0065 AFS 18-1994, f. 8-25-94, cert. ef. 9-1-94 AFS 3-1994, f. & cert. ef. 2-1-94 AFS 23-1992, f. 8-14-92, cert. ef. 9-1-92
137-055-1080 Fees (1) As used in this rule, “reporting year” means October 1 of one year through September 30 of the following year. (2) As required by 45 CFR 302.33, the Oregon Child Support Program will assess: (a) A $1 application fee on behalf of each applicant whose family is not receiving assistance in the form of TANF cash assistance, Medicaid, or foster care services and who applies to the Oregon Child Support Program for child support services; (b) A $35 annual fee for each support case where: (A) The obligee, child, or a child attending school as defined in OAR 137-055-5110, has never received assistance under a state or Tribal program funded under Title IV-A of the Social Security Act; (B) At least $550 of child support has been disbursed to the family in the reporting year; and (C) Oregon is not providing services at the request of another state pursuant to 45 CFR 303.7. (3) The Department of Justice may collect the fee specified in subsection (2)(a) of this rule from each applicant by deducting it from any unassigned support receipted by the Department. (4) Notwithstanding any other provision of the Oregon Child Support Program administrative rules, and except as provided in section (5), the Department of Justice may collect the fee specified in subsection (2)(b) of this rule from each obligee or child attending school, if applicable, by deducting it from any unassigned child support receipted by the Department. (5) Fees specified in subsection (2)(b) of this rule may not be collected from an applicant or child attending school, if applicable, who is a resident of a foreign country. (6) Fees recovered pursuant to section (4) of this rule may be recovered on a pro rata basis from both the obligee and any child attending school if the provisions of OAR 137-055-5110 apply. (7) Once a fee has been collected, it will not be returned, even if the obligee, child, or a child attending school later receives TANF. Statutory/Other Authority: ORS 180.345 & 45 CFR 302.33 Statutes/Other Implemented: ORS 25.080 & 25.150 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 10-2019, amend filed 09/24/2019, effective 10/01/2019 DOJ 20-2018, amend filed 09/04/2018, effective 09/05/2018 DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-1080 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-1080 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0045 AFS 66-1989, f. 11-28-89, cert. ef. 12-1-89, Renumbered from 461-035-0048 AFS 2-1986, f. & ef. 1-17-86 AFS 56-1985(Temp), f. & ef. 10-1-85
137-055-1200 Use of Social Security Number by the Child Support Program (1) Under the provisions of 42 USC 405(c)(2)(C), individuals who are affected by the Oregon Child Support Program will be required to provide their Social Security numbers to the administrator. (2) Social Security numbers provided under this rule will be used by the administrator as necessary for the following purposes: (a) The identification of individuals who are affected by the administration of the program; (b) The establishment, modification and enforcement of child and medical support obligations; (c) The accounting, distribution and disbursement of support payments; (d) The administration of the general public assistance laws of the State of Oregon. (3) The program will provide written notice to individuals who are required to provide a Social Security number under section (1) of this rule that will include the following: (a) That providing the Social Security number is mandatory; (b) The authority for such requirement; and (c) The purposes for which the Social Security number will be used. (4) When the Social Security number for an individual is obtained from a source other than that individual, there is no requirement that the program provide additional notice to the individual regarding disclosure or use of such Social Security number. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.020, 25.081 & 25.785 History: DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-1200 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-1200 AFS 28-2001, f. 12-28-01, cert. ef. 1-1-02 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0015 AFS 4-1996, f. 2-21-96, cert. ef. 7-1-96
137-055-1700 Division of Child Support as Garnishee — Service of Writ Pursuant to ORS 18.655(1)(f), the Department of Justice, Division of Child Support designates Special Collections, 3210 Del Webb Avenue NE, Salem, Oregon 97301, as the authorized office to receive service or delivery of a writ of garnishment for property of a debtor with regard to child support or spousal support payments. Service or delivery of a writ of garnishment at an office or address other than the one designated in this rule will not be considered valid. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 18.655 History: DOJ 3-2023, minor correction filed 05/01/2023, effective 05/01/2023 DOJ 5-2005, f. & cert. ef. 7-15-05
137-055-1800 Limited English Proficiency For the purposes of providing child support services required by ORS 25.080 to Limited English Proficiency (LEP) persons, the following provisions apply: (1)(a) “Eligible population” means persons eligible to receive child support services pursuant to ORS 25.080. (b) “Vital information” means information that: (A) Affects a person’s substantive rights; (B) Notifies a person about rights or services; (C) Tells a person what process to use to respond; or (D) Tells a person what the findings are or what to pay. (2) At least once each biennium, the Oregon Child Support Program (program) will identify languages for which vital information will be translated without the need for a request from a party. To determine the languages, the program will use the following criteria: (a) The estimated size of the eligible population speaking the specific language; (b) The number of language line calls made over the last two years for the specific language; and (c) The cost of the written translation. (3) If the number in subsection (2)(a) is 1,000 or 5% of the eligible population in Oregon, whichever is less, vital information for that language will be translated without the need for a request from a party. (4) If the number of language line calls in subsection (2)(b) is 500 or more, vital information for that language will be translated without the need for a request from a party. (5) Notwithstanding sections (3) or (4), when an LEP person needs a translation, the program may choose to either provide a written translation of the vital information or facilitate the use of other translation services, including language lines or other providers, to provide an oral translation of the vital information. (6) When an LEP person needs to verbally communicate with the program, the program may facilitate the use of program certified bilingual or multilingual staff, a language line, or other interpretation providers, as appropriate. Statutory/Other Authority: ORS 180.345 & 28 CFR 42.405 Statutes/Other Implemented: ORS 25.080 History: DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 7-2018, amend filed 05/30/2018, effective 06/01/2018 DOJ 13-2011, f. 12-30-11, cert. ef. 1-3-12 DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07
137-055-2060 Cases with Contradictory Purposes (1) Cases with contradictory purposes are defined as two or more child support cases in which the same person is, or has been, both an obligee and obligor in those cases and the cases are, or have been, assigned to the same Oregon Child Support Program office. (2) The administrator represents the interests of the state. There is no conflict of interest when the same office is assigned cases where the same person is, or has been, both an obligor and an obligee. The administrator is responsible for impartial application of the law. Nothing in this rule precludes an office from having cases assigned to them in which the same person is, or has been, both an obligor and obligee. (3) It is recognized that a person receiving child support services or a person eligible to receive child support services may be reluctant to pursue those services because the office through which they do or would receive services is, or has been, the same office in another case where the person is, or has been, the opposite party. (4) A person who has cases in which that person is, or has been, or upon application would be, both an obligor and obligee with cases assigned to the same office may ask the office manager to transfer one of the cases to a different office. The office manager will consider the request and either grant the transfer or explain to the requestor why the transfer is not granted. (5) If a case is transferred, the assignment to a different office will take into consideration the needs of the requestor and the other parties. (6) If the CSP office manager denies the request for transfer, the requestor may ask the program director to review the decision and facilitate a resolution. Statutory/Other Authority: 180.345 Statutes/Other Implemented: ORS 25.080 History: DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 1-2006, f & cert. ef. 1-3-06 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-2060 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-2060 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0042 AFS 6-1995, f. 2-17-95, cert. ef. 3-1-95
137-055-2080 Office Responsible for Providing Services when Conflict of Interest (1) The Oregon Child Support Program will, to the maximum extent possible, assign support cases to avoid the potential for or the appearance of a conflict of interest. (2) If an actual or potential conflict of interest is identified by either an employee or a party or potential party to a case, the manager of the affected office shall make a determination whether the case should: (a) Remain assigned to the current employee; (b) Be reassigned to another employee within the same office; or (c) Be reassigned to a different office. (3) If the determination made under section (2) of this rule is to reassign the case to a different office, the manager of the affected office shall contact the manager of another office, which may be either a district attorney or Division of Child Support office, to reach an agreement and arrange for the case to be reassigned. (4) If the branch offices cannot reach an agreement for the case to be reassigned or if the party or potential party disagrees with the determination made by the manager of the affected office, the program director shall decide which office has the responsibility for providing services for that particular case. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.080 History: DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-2080 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-2080 SSP 15-2003, f. 6-25-03, cert. ef. 6-30-03
137-055-2100 Process Service (1) The administrator may serve process in the manner provided in ORCP 7, ORS 25.085, and any other provision of law. (2) “Mail service with delivery confirmation” includes but is not limited to registered mail, certified mail, and priority mail with delivery confirmation. (3) When the administrator will use priority mail service as the process service method, the party who will receive the documents must verify the address to which the documents are to be mailed. Verification by the party must occur no more than 60 calendar days prior to mailing. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.085, 25.245, 25.511 & 25.540 History: DOJ 6-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 13-2011, f. 12-30-11, cert. ef. 1-3-12
137-055-2120 Rules for Contested Case Hearings in the Oregon Child Support Program Contested case hearings for the Oregon Child Support Program are conducted in accordance with the Attorney General's Model Rules at OAR 137-003-0501 through 137-003-0700 and with 137-055-2120 through 137-055-2180. The hearings are not open to the public and are closed to non-participants, except the administrative law judge may permit non-participants to attend subject to the parties' consent. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 180.345 History: DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-2120 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-2120 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 461-195-0800 AFS 21-2000, f. & cert. ef. 8-1-00 AFS 5-1995, f. & ef. 2-6-95