justicedao/ipfs_state_laws huggingface dataset:
137-055-4500 Financial Institution Data Match — Reasonable Fee (1) This rule defines "reasonable fees" which the Oregon Child Support Program will pay to financial institutions for implementing and conducting computerized data matches under ORS 25.640 through 25.646. Appropriations to implement the computerized data matches included federal matching funds; therefore, the program is required to follow the general principles for determining allowable costs as provided in OMB Circular No. A-87. (2) Reasonable fee means direct costs only as defined in OMB Circular No. A-87 and shall be limited to those expenses. Reasonable fee shall not include any indirect costs. (3) Direct costs mean those expenses that are of a type that would generally be recognized as ordinary and necessary to establish and conduct a data match, such as: (a) Compensation of employees time specifically related to the establishing and conducting the data match; (b) Computer system expenses specifically related to establishing and conducting the data match; (c) Costs of material acquired, consumed or expended specifically for the purpose of establishing and conducting the data match; (d) Necessary travel expenses and similar expenses directly associated with establishing and conducting the data match. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.643 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 461-200-4500 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-4500 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1098 AFS 20-1998, f. & cert. ef. 10-5-98
137-055-4510 Financial Institution Data Matches – Insurance Claims (1) Insurance companies can satisfy the requirements of ORS 25.643 to conduct data matches for pending insurance claims by: (a) Entering into agreements with the Oregon Department of Justice to develop and operate a data match system using automated data exchanges; or (b) Participating in the data match process administered by the federal Office of Child Support Enforcement. (2) Pursuant to agreements under section (1)(a) of this rule, an insurance company shall provide, at least once per calendar quarter, the name, address, Social Security number or other taxpayer identification number, and other identifying information for: (a) Every “claimant” as defined by ORS 25.640(2) who has a pending claim with the insurance company ; or (b) Only those “claimants” as defined by ORS 25.643(2) who have pending claims with the insurance company and have been identified by the Department of Justice as owing past due support. (3) Insurance companies that opt to participate in the data match process referenced in section (1)(b) must provide information according to the requirements specified by the Office of Child Support Enforcement. (4) If an insurance company with which an obligor has a pending insurance claim has not previously provided the information required by sections (2) and (3) of this rule, the insurance company must provide the administrator with at least three business days’ advance written notice before disbursing any payment to the obligor pursuant to the claim. The notice must be sent via encrypted electronic mail or secure fax to the Oregon Child Support Program, Special Collections team. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.640 & ORS 25.643 History: DOJ 10-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOJ 17-2023, minor correction filed 09/05/2023, effective 09/05/2023 DOJ 13-2017, adopt filed 12/29/2017, effective 01/01/2018
137-055-5025 Payment of Child Support to an Escrow Agent (1) If current or past support is not assigned to the State of Oregon or another state, the parties may elect for support payments to be made to an escrow agent licensed under ORS 696.511 to accept and disburse support payments by electronic fund transfer. (2) The election must be in writing and filed with the court that entered the support order and include: (a) The signatures of the parties; (b) The amount of the support payment and date the payment is due; (c) The court case number; and (d) The name of the escrow agent and account number into which the payments are to be electronically transferred. (3) If IV-D services are being provided and the order is not otherwise subject to ORS 25.020, upon receipt of a court order or election of the parties to make payments to an escrow agent, the administrator will close its case and discontinue services: (a) After expiration of the 60-day case closure notice as provided in OAR 137-055-1120; or (b) Immediately upon the signed written request of the parties waiving the 60-day notice. (4) An election will terminate if: (a) An application for services is received by the Oregon Child Support Program after an election; or (b) Support is assigned to the State of Oregon or another state. (5) When the administrator establishes arrears pursuant to OAR 137-055-3240 and the parties previously made payments through an escrow agent as provided in section (1), the administrator may use the payment history of the escrow agent to establish arrears for any time escrow services were provided. Statutory/Other Authority: ORS 25.030 Statutes/Other Implemented: ORS 25.030 & 25.130 History: DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 1-2006, f & cert. ef. 1-3-06 DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04
137-055-5030 Receipting of Support Payments (1) For purposes of this rule, “receipt” means to officially acknowledge and credit a payment to an account. (2) For purposes of this rule, “authorized representative” means an employee of the Division of Child Support, employees of a District Attorney Child Support office, and Assistant Attorneys General and Deputy District Attorneys representing the Oregon Child Support Program. (3) When support payments are made to the Department of Justice in accordance with ORS 25.020, the State Disbursement Unit (SDU) is the official receipting unit of the Oregon Child Support Program. All payments will be disbursed after receipt by the SDU pursuant to 45 CFR 302.32. (4) Support payments will only be receipted by the SDU. (5) Physical access to all areas where support payments are stored or processed will be limited to employees assigned to handle, accept or receipt support payments. (6) Support payments received by the receipting unit must be physically secured. At least two employees must be present when support payments are not secured in a locked area or in a safe. (7) Support payments will be properly recorded and tracked in accordance with 45 CFR Ch. III. (8) Support payments which have been receipted by the SDU will be reconciled daily. (9) Support payments will be receipted and deposited within two business days. (10) Pursuant to ORS 73.0114, if there are contradictory terms on a negotiable instrument, the amount receipted will be the amount written in words. (11) Pursuant to ORS 73.0401, if a negotiable instrument is not signed, the person is not liable for the instrument. (12) Under limited circumstances, offices of the Oregon Child Support Program, other than the facility which houses the SDU, may accept child support payments in person or by mail and authorized representatives may accept payments in court. If a payment is made in person, in court, or by mail the employee or authorized representative shall provide written acknowledgment to the payor that the payment has been accepted. (13) Payments for support may be accepted by an employee of an office of the Oregon Child Support Program or by an authorized representative of the Oregon Child Support Program when: (a) The payment is received in court as a result of a court hearing for nonpayment of support; or (b) The payment is received in an office that employs strict internal currency handling standards; (c) The office has the payment deposited to an approved bank account; and (d) The office ensures the payment and remittance details are transmitted to the SDU immediately for receipting and disbursement. (A) The office or authorized representative may transmit the payment to the SDU by an electronic fund transfer (EFT) through an approved bank account; or (B) The office may mail a check to the SDU for the total amount of the payments. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.020, 73.0114 & 73.0401 History: DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 6-2015, f. & cert. ef. 3-30-15 DOJ 13-2014(Temp), f. & cert. ef. 10-1-14 thru 3-30-15 DOJ 10-2004, f. & cert. ef. 7-1-04
137-055-5035 Payment by Electronic Funds Transfer (1) As used in this rule: (a) “Electronic Funds Transfer” (EFT) means the movement of funds by nonpaper means, usually through a payment system including, but not limited to, an automated clearinghouse or the Federal Reserve’s Fedwire system. (b) “Employer” means any entity or individual who: (A) Does business in Oregon or has a registered agent in Oregon; and (B) Engages an individual to perform work or services for which compensation is given in periodic payments or otherwise. (c) “Income withholding order” means an order to withhold income issued under ORS 25.372 to 25.424. (2) An employer required to remit support payments to the Department of Justice (DOJ) must remit payments by EFT if: (a) An employer with five or more employees has received at least one income withholding order for an employee; (b) An employer with less than five employees has received an income withholding order for more than one employee; or (c) An employer is required by Treasury regulations to make federal corporation estimated tax payments or federal payroll tax payments by means of EFT. (3) DOJ may grant an exemption from the requirement in section (2) to pay by EFT if the employer demonstrates that its payroll or accounting system will not support EFT. The exemption will be granted on a case by case basis. DOJ’s decision is final with regard to the exemption, but may be appealed as an other than contested case order under ORS 183.484. (4) Notwithstanding sections (2) and (3), an employer must remit all support payments to DOJ by EFT in the following circumstances: (a) The employer has received at least one income withholding order for an employee and has failed to withhold or failed to withhold within the time provided by ORS 25.411 at least twice; (b) The employer has submitted at least one dishonored payment; or (c) The employer continues to incorrectly identify withholdings or makes other errors that affect proper distribution of the support, despite contact and information from DOJ on how to correct the error. (5) All EFT payments must identify the employee for whom the payment is made, the amount of the payment, and the child support case number to which the payment is to be applied. Statutory/Other Authority: ORS 180.345 & 293.525 Statutes/Other Implemented: ORS 25.372 - 25.424 & 293.525 History: DOJ 15-2015, f. 12-22-15, cert. ef. 1-1-16 DOJ 2-2007, f. & cert. ef. 4-2-07
137-055-5045 Inconsistent Provisions: Body of Order and Support or Money Award (1) If the administrator discovers the monetary support provisions in the body of an administrative order or judgment document are inconsistent with the support or money award (hereinafter “award”), the administrator will: (a) On a case in which the Division of Child Support (DCS) is providing limited services, send a courtesy notice regarding the inconsistency to all parties; (b) On a case in which services are being provided under ORS 25.080 but the award was not entered by the administrator, send a written notice to all parties to request correction of the error. The notice will advise the parties that until DCS is provided with a copy of the court corrected judgment and award, their support order will be enforced: (A) As recorded on the judgment register, Oregon eCourt Case Information (OECI); or (B) If OECI does not reflect information necessary to proceed, as recorded in an award; (c) On a case in which services are being provided under ORS 25.080 and the award was entered by the administrator more than 60 days prior so OAR 137-055-3260 does not apply, file a motion to correct the error. Until the error is corrected, the support order will be enforced: (A) As recorded in OECI; or (B) If OECI does not reflect information necessary to proceed, as recorded in an award. (2) Notwithstanding subsection (1)(b) of this rule, the administrator may instead file a motion to correct the error if the child support rights, as defined in ORS 25.010, have been assigned to the state. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.020 & 25.080 History: DOJ 15-2024, amend filed 11/22/2024, effective 12/13/2024 DOJ 59-2020, amend filed 09/25/2020, effective 10/01/2020 DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07 DOJ 10-2004, f. & cert. ef. 7-1-04
137-055-5060 Billings for Support Payments (1) Except as provided in subsections (3)(a) and (b) of this rule, when a case with a support order is activated in the automated child support system, the Division of Child Support will send notice to the parties of the requirement to pay through the Department of Justice. (2) The Division of Child Support will begin billing in the first full calendar month following receipt of the order or notice that the order should be activated. (3)(a) When support is paid for a period of six months by income withholding pursuant to ORS 25.378 or by electronic payment withdrawal pursuant to OAR 137-055-4080, DCS may discontinue monthly billings unless: (A) The obligor requests otherwise; or (B) The administrator determines that monthly billings should continue. (b) When the total amount due is less than $5, the Division of Child Support will discontinue monthly billings. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.020 History: DOJ 20-2018, amend filed 09/04/2018, effective 09/05/2018 DOJ 4-2011, f. & cert. ef. 7-1-11 DOJ 9-2005, f. & cert. ef. 10-3-05 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-5060 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-5060 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 461-195-0105 AFS 66-1989, f. 11-28-89, cert. ef. 12-1-89, Renumbered from 461-035-0001 AFS 88-1980, f. & ef. 12-10-80 AFS 21-1978, f. & ef. 5-30-78
137-055-5080 Adding Interest (1) The administrator will not establish interest on support arrears. (2) For enforcement purposes, the administrator will: (a) Add interest to a case balance if a specific amount has been established in a judgment or order entered by a court; (b) Add interest to a case balance if the parties stipulate in writing that an amount should be added; or (c) Add interest to the case balance on a case with a controlling order from another jurisdiction if the other jurisdiction provides a certified interest calculation consistent with its laws governing the computation and accrual of interest. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.167, 25.540, 82.010 & 110.611 History: DOJ 2-2025, amend filed 02/24/2025, effective 02/28/2025 DOJ 60-2020, amend filed 10/29/2020, effective 11/01/2020 DOJ 39-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 13-2017, amend filed 12/29/2017, effective 01/01/2018 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 461-200-5080 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-5080 AFS 15-2002, f. 10-30-02, ef. 11-1-02 AFS 15-2001, f. 7-31-01, cert. ef. 8-1-01 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0048 AFS 6-1996, f. 2-21-96, cert. ef. 3-1-96
137-055-5120 Child Attending School — Arrears (1) For purposes of this rule, "arrears" means past-due support that has accrued but does not include support for the current month even if the due date for that month has passed. (2) Unless otherwise provided by a support judgment, a child attending school is not a judgment creditor to the support order, and the provisions of this rule apply. (3) Beginning January 1, 2018, support for a child attending school that is not paid when due will accrue to the child’s account, and unless the court or administrator has made a finding there is a reason to distribute in some other manner as provided in ORS 107.108 (5) or OAR 137-055-5110 (4), a prorated share of any arrears payment received will be distributed to that child, as outlined in OAR 137-055-6021. ( 4)(a) The administrator will not establish arrears for a child attending school for any period that services were not being provided unless a judicial order found that the child qualified as a child attending school during the period for which arrears establishment is being requested. (b) When establishing arrears for any period when a child was a child attending school, arrears will be established to the child’s account. (5) A child attending school may not satisfy arrears but may agree to a credit for direct payment, pursuant to OAR 137-055-5240, against arrears which have accrued to the child attending school account only, not to exceed the balance owing to the child’s account at the time the credit is applied to the case. Statutory/Other Authority: ORS 25.020 & 180.345 Statutes/Other Implemented: ORS 25.020 & 107.108 History: DOJ 2-2025, amend filed 02/24/2025, effective 02/28/2025 DOJ 41-2020, minor correction filed 02/05/2020, effective 02/05/2020 DOJ 13-2017, amend filed 12/29/2017, effective 01/01/2018 DOJ 5-2006, f. 6-29-06, cert. ef. 7-3-06 DOJ 1-2006, f & cert. ef. 1-3-06 DOJ 8-2005(Temp), f. & cert. ef. 9-1-05 thru 2-17-06 DOJ 5-2005, f. & cert. ef. 7-15-05 DOJ 4-2005, f. & cert. ef. 4-1-05 DOJ 12-2004, f. & cert. ef. 10-1-04 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-5120 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-5120 SSP 4-2003, f. 2-25-03, cert. ef. 3-1-03 AFS 17-2002(Temp), f. 10-30-02, cert. ef. 11-1-02 thru 4-29-03 AFS 23-2001, f. 10-2-01, cert. ef. 10-6-01 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0136 AFS 2-2000, f. 1-28-00, cert. ef. 2-1-00 Temporary suspended by AFS 23-1997, f. 12-29-97, cert. ef. 1-1-98 AFS 18-1997(Temp), f. 9-23-97, cert. ef. 10-4-97 AFS 31-1992, f. 10-29-92, cert. ef. 11-1-92 AFS 9-1992, f. & cert. ef. 4-1-92 AFS 26-1991, f. 12-31-91, cert. ef. 1-1-92 AFS 21-1991, f. 10-23-91, cert. ef. 11-1-91
137-055-6020 Disbursement by Electronic Funds Transfer/Electronic Data Interchange (1) In addition to the definitions found in OAR 137-055-5110 and OAR 137-055-6010, the following terms have the meanings given below: (a) “Individual” includes but is not limited to: a judgment creditor, obligee, caretaker, child attending school, or adult child. (b) “Other entities” includes but is not limited to other state IV-D agencies. (2) For the Department of Justice, the primary method of payment to any individual entitled to receive support payments is electronic funds transfer (EFT), which may be by: (a) Direct deposit to a checking or savings account that is located in a financial institution in the United States; or (b) Stored value card (including but not limited to ReliaCard). (3) Notwithstanding section (2), the Department will disburse support payments to individuals by check when specific exceptions apply: (a) The individual does not have a social security number; or (b) The individual’s special circumstances, which the administrator will review on a case by case basis, based on the criteria of whether the issuance of a paper check would be in the best interests of the child(ren). (4) A request for exception must be made in writing. (5) The administrator will review the request for exception, determine whether to allow or deny the exception, and notify the requesting party of its decision within 30 days of receipt of the request. (6) The administrator’s decision is final with regard to the request for exception, but the decision may be appealed as an other than contested case pursuant to ORS 183.484. (7) The Department may disburse payments to other entities by EFT, electronic data interchange, or by paper check. Statutory/Other Authority: ORS 25.020, 180.345 & 293.525 Statutes/Other Implemented: ORS 293.525 History: DOJ 19-2018, amend filed 09/04/2018, effective 09/05/2018 DOJ 1-2007, f. & cert. ef. 1-2-07 DOJ 9-2005, f. & cert. ef. 10-3-05 DOJ 5-2005, f. & cert. ef. 7-15-05 DOJ 12-2004, f. & cert. ef. 10-1-04 DOJ 10-2004, f. & cert. ef. 7-1-04 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 461-200-6020 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-6020 AFS 15-2002, f. 10-30-02, ef. 11-1-02 AFS 28-2001, f. 12-28-01, cert. ef. 1-1-02 AFS 23-2001, f. 10-2-01, cert. ef. 10-6-01 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0248 AFS 6-2000, f. 2-19-00, cert. ef. 3-1-00 AFS 66-1989, f. 11-28-89, cert. ef. 12-1-89, Renumbered from 461-035-0410 AFS 31-1989, f. 6-6-89, cert. ef. 6-9-89, Renumbered from 461-035-0003 AFS 60-1987, f. & ef. 11-4-87 AFS 23-1987(Temp), f. 6-19-87, ef. 7-1-87 AFS 88-1980, f. & ef. 12-10-80 Renumbered from 461-004-0518, AFS 3-1978, f. & ef. 1-6-78 PWC 851(Temp), f. & ef. 8-11-77