justicedao/ipfs_state_laws huggingface dataset:
137-055-4040 New Hire Reporting Requirements (1) Employers with employees or independent contractors, as described in ORS 25.790(4), who work only in this state or who have designated Oregon as their reporting state with the United States Secretary of Health and Human Services must transmit information regarding the hiring or rehiring, or the engagement or reengagement, of any individual by: (a) Mailing or faxing to the Division of Child Support of the Department of Justice a copy of the IRS W-4 form completed by the newly hired or rehired employee or a copy of the IRS W-9 form completed by the newly engaged or reengaged independent contractor; (b) Mailing or faxing to the Division of Child Support a completed form adopted by the Division; (c) Submitting the information electronically to the Division of Child Support using the Oregon Employer Services Portal; or (d) Any other method approved by the Division of Child Support. (2) Reports made under this section must contain: (a) The name, address, and federal tax identification number of the employer; and (b) The name, address, Social Security number, and the first date of work of the employee or independent contractor. (3) Reports made by copy of the IRS W-4 or W-9 forms or by the form adopted by the Division of Child Support of the Department of Justice must be: (a) Sent to the Division no later than 20 days after the employer hires or rehires the employee or engages or reengages the independent contractor; or (b) Transmitted electronically to the Division each month not less than 12 days nor more than 16 days apart. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.790 History: DOJ 3-2024, amend filed 01/22/2024, effective 02/01/2024 DOJ 22-2023, temporary amend filed 12/21/2023, effective 01/01/2024 through 06/28/2024 DOJ 6-2017, amend filed 10/06/2017, effective 10/06/2017 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 461-200-4040 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-4040 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0236 AFS 16-1998, f. 9-16-98, cert. ef. 10-1-98
137-055-4130 Reduced Income Withholding (1) The administrator will set an amount less than the amount prescribed by ORS 25.414 to be withheld if withholding is only for arrears and the obligor demonstrates the withholding is prejudicial to the obligor’s ability to provide for: (a) A child the obligor has a duty to support; or (b) The obligor’s basic needs. (2) For the purposes of sections (3) and (4) of this rule, “the obligor’s household” means the obligor’s personal residence. (3) In determining the obligor’s basic needs and the number and basic needs of other persons living in the obligor’s household, in addition to the factors outlined in ORS 25.414(5), the administrator will consider: (a) The obligor’s relationship to the person, including but not limited to whether the person is a relative or part of a domestic partnership with the obligor, as defined in ORS 106.310; (b) Whether there is a duty for the obligor to support the person under ORS 108.040, 108.045 or 109.010; and (c) Whether the person has available resources. (4) In considering the basic needs of the obligor and other persons living in the obligor’s household as outlined in ORS 25.414(5), the administrator may require the obligor to provide documentation, including but not limited to doctor’s statements, pay stubs, tax return information, a uniform income statement form or other asset information. The administrator also may require the obligor to provide documentation showing that a person resides in the obligor’s household. (5) An agreement for a reduced amount of withholding may terminate, and income withholding for the full amount allowable by law may be reinstated, unless the obligor otherwise qualifies for an exception pursuant to OAR 137-055-4080, when: (a) According to the case record, the obligor is out of compliance with the agreement; or (b) The time period covered by the agreement has expired. Statutory/Other Authority: ORS 25.414 & 180.345 Statutes/Other Implemented: ORS 25.414 History: DOJ 12-2024, minor correction filed 07/12/2024, effective 07/12/2024 DOJ 13-2011, f. 12-30-11, cert. ef. 1-3-12 DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07 DOJ 1-2006, f & cert. ef. 1-3-06 DOJ 5-2005, f. & cert. ef. 7-15-05 DOJ 16-2004, f. 12-30-04, cert. ef. 1-3-05 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 137-050-0605 DOJ 14-2001, f. 12-28-01, cert. ef. 1-2-02
137-055-4160 Contested Income Withholding (1) The only basis for contesting an order to withhold is a mistake of fact. A mistake of fact means either: (a) An error in the amount due for current support or for arrears; (b) An error in the identity of the obligor; or (c) The order was entered prior to October 1, 1989, and does not include the immediate income withholding language. (2) Payment of all arrears will not, by itself, be a basis for not implementing withholding. (3) If the obligor is contesting the withholding on the basis of an error in the amount due for current support or arrears pursuant to subsection (1)(a) of this rule, the obligor's contest must be in writing. The process for contesting a withholding will be as described in ORS 25.405. (4) The administrator will notify all parties of the administrator’s determination and of the right to appeal the determination. (5) If an obligor contests an order to withhold issued by the administrator the Division of Child Support (DCS) will hold any funds collected pursuant to the withholding order, and will not distribute such funds to the obligee, or other payee, subject to the following: (a) If the obligor contests the withholding on the basis of an error in the identity of the obligor, DCS will hold all payments collected pursuant to the withholding order until the administrator has made its determination; (b) If the obligor contests the withholding on the basis of an error in the amount due for current and/or past-due support, DCS will hold all payments collected for past-due support pursuant to the withholding order, except for those amounts the obligor does not contest are owed, until the administrator has made its determination; (c) Once the administrator has made its determination, and regardless of whether or not the determination is appealed to the court, DCS will: (A) Refund to the obligor, all amounts so held that are determined to have been collected in error; (B) Disburse, to the obligee or as otherwise appropriate, all amounts so held that are determined to have been collected correctly. (6) Neither the initiation of proceedings to contest an order to withhold pursuant to this rule, nor a motion or request to contest an order to withhold, nor an appeal of the decision of the administrator with regard to the obligor's contesting of the order to withhold, will stay, postpone, or defer ongoing withholding unless otherwise ordered by a court. Statutory/Other Authority: ORS 25.427 & 180.320 - 360 Statutes/Other Implemented: ORS 25.405 History: DOJ 1-2006, f & cert. ef. 1-3-06 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 461-200-4160 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-4160 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0181 AFS 23-1997, f. 12-29-97, cert. ef. 1-1-98 AFS 7-1994, f. & cert. ef. 4-1-94 AFS 14-1990, f. & cert. ef. 6-7-90 AFS 4-1990, f. 1-18-90, cert. ef. 2-1-90
137-055-4210 Withholder Penalties (1) Notwithstanding the provisions of ORS 25.424, the provisions of this rule apply to a party’s request to bring an action to recover amounts pursuant to ORS 25.424, when a withholder has failed to properly withhold or pay. (2) A party’s request may be verbal, but prior to commencing legal action, the party must provide the administrator with documentation of the withholder’s failure, which must include at least: (a) A check stub or other pay document showing the amount not properly withheld or not paid, if the act alleged is improper withholding; or (b) An affidavit or other sworn or affirmed statement describing the action taken by or omission of the withholder. (3) Upon receipt of the document required by section (2) of this rule, the administrator may initiate legal action to recover amounts not withheld or paid under ORS 25.424, and, if appropriate, penalties. (4) The administrator acts only as a facilitator to bring the action, and does not represent the party for whom the action is initiated. (5) Nothing in this rule precludes a party from seeking damages, penalties and attorney fees as provided in ORS 25.424. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.424 History: DOJ 1-2010, f. & cert. ef. 1-4-10
137-055-4320 Collection of Delinquent Support Obligations Through the Oregon Department of Revenue (1) The administrator may claim Oregon tax refunds otherwise due to be paid to an obligor, to collect: (a) Support arrears; (b) Unpaid award amounts from any judgment entered against the obligor for birth expenses or for the cost of genetic testing to establish a child's parentage. (2) The Department of Justice will file such claims with the Oregon Department of Revenue according to rules and procedures established by the Oregon Department of Revenue. (3) Referral of arrears will be a liquidated claim, debt, or account established by a court or administrative order. (4) The administrator will not refer any case where the case record indicates that one or more of the following is applicable: (a) The arrears are less than $25; (b) The obligee has claimed "good cause" for not cooperating with efforts to establish or enforce support. (5) The administrator will distribute and, as appropriate, disburse tax refunds recovered by this process as set out in OARs 137-055-2360, 137-055-2380 and 137-055-6021 to 137-055-6024. (6) The administrator will send an advance written notice to the obligor of the intent to claim the tax refund and apply it to the obligor's account. The notice will advise of the obligor's right to an administrative review of the proposed action. The only issues that may be considered in the review are: (a) Whether the obligor is the person who owes the support as indicated by the case record; or (b) Whether the arrears indicated in the notice are correct. (7) Upon receipt of the request for review, the administrator will schedule the review and notify the parties of the date, time and place of the review. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.610 & 293.250 History: DOJ 17-2025, minor correction filed 12/23/2025, effective 12/23/2025 DOJ 13-2017, amend filed 12/29/2017, effective 01/01/2018 DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07 DOJ 1-2007, f. & cert. ef. 1-2-07 DOJ 1-2006, f & cert. ef. 1-3-06 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-4320 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-4320 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0205 AFS 6-2000, f. 2-19-00, cert. ef. 3-1-00 AFS 7-1997, f. & cert. ef. 6-13-97 AFS 30-1995, f. 11-6-95, cert. ef. 11-15-95 AFS 25-1990, f. 11-21-90, cert. ef. 12-1-90 AFS 66-1989, f. 11-28-89, cert. ef. 12-1-89, Renumbered from 461-035-0004 AFS 60-1987, f. & ef. 11-4-87 AFS 23-1987(Temp), f. 6-19-87, ef. 7-1-87 AFS 13-1978, f. & ef. 4-4-78
137-055-4340 Collection of Delinquent Support Obligations Through the U.S. Secretary of the Treasury (1) The administrator of the Department of Justice Division of Child Support may claim federal tax refunds and administrative offset of other payments from the federal government through the U.S. Secretary of the Treasury (Secretary) otherwise due to be paid to an obligor to collect support arrears. (2) The Department of Justice will file such claims with the Secretary according to rules and procedures established by the federal government. (3) Referral of arrears will be a liquidated claim, debt, or account established by a court or administrative order. (4) The Department of Justice will refer arrears owed by an obligor for federal tax refund or administrative offset where the case record indicates the obligee is not currently claiming good cause for not cooperating with efforts to establish or enforce support; and (a) The arrears assigned to the state total at least $150; or (b) The arrears not assigned to the state total at least $500. (5) The Department of Justice will distribute and, as appropriate, disburse tax refunds and other federal administrative offsets recovered by this process as set out in OARs 137-055-2360, 137-055-2380, and 137-055-6021 through 137-055-6024. (6) A pre-offset notice will be sent to the obligor by either the federal government or the Department of Justice of the intent to claim tax refunds, or other federal payments through the Secretary, and apply them to the obligor's account. Any past-due support that accrues after the notice is sent will be added to the debt of the obligor and be subject to offset until paid in full without further notification. If an obligor’s debt is determined to be ineligible or becomes ineligible for offset and subsequently requalifies pursuant to subsection (4) of this rule, a new pre-offset notice will be sent. The pre-offset notice will advise the obligor of the right to an administrative review regarding this action. (7) The only issues that may be considered in the administrative review are: (a) Whether the obligor is the person who owes the support as indicated by the case record; or (b) Whether the arrears indicated in the notice are correct. (8) Upon receipt of the request for review, the administrator will schedule the review and notify the parties of the date, time, and place of the review. Statutory/Other Authority: ORS 25.625 & 180.345 Statutes/Other Implemented: ORS 25.625 History: DOJ 8-2023, amend filed 06/26/2023, effective 07/01/2023 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 4-2005, f. & cert. ef. 4-1-05 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-4340 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-4340 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0210 AFS 6-2000, f. 2-19-00, cert. ef. 3-1-00 AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98 AFS 15-1997(Temp), f. & cert. ef. 9-2-97 AFS 7-1997, f. & cert. ef. 6-13-97
137-055-4440 Liens Against Personal and Real Property (1) A judgment for support constitutes a lien on real and personal property as provided for in Oregon law. (2) Whenever there is a judgment for unpaid support and the administrator learns that an obligor has assets, then the administrator may cause a lien to be recorded on any real or personal property owned by the obligor unless the property is exempt from lien laws under Oregon law. (3) An obligee from another state with a judgment for unpaid support may record a lien under the provisions of ORS 18.158 and must use the form provided by the Office of Child Support Enforcement of the United States Department of Health and Human Services. (4) Pursuant to OAR 137-055-4300(3), the administrator may use the process described in this rule as one of several enforcement options available and may exercise discretion to optimize collection potential in individual cases. The administrator will prioritize this enforcement option in decision making based on availability and application of other enforcement options and available staff resources. Prior to forcing a sale of real or personal property, the administrator must consider the following factors: (a) The market value of the property after subtracting the value of superior claims of senior lien holders; (b) The market conditions for achieving maximum return; (c) The long-term impact on the obligor's ability to comply with an unsatisfied or future support duty; (d) The storage costs, notice and sale costs; (e) Exemption claims; (f) Co-ownership of the property, or impact on any existing trust on the property; and (g) The availability of other, more effective remedies to satisfy the support debt. (5) The administrator may not proceed with this enforcement option when a court of appropriate jurisdiction has ordered that the obligor be exempted from referral. The obligor must notify the obligee and the administrator when filing a claim for an exemption with a court. Statutory/Other Authority: ORS 18.150 & 183.345 Statutes/Other Implemented: ORS 18.158, 25.670 & 25.690 History: DOJ 9-2026, minor correction filed 02/26/2026, effective 02/26/2026 DOJ 11-2023, minor correction filed 07/14/2023, effective 07/14/2023 DOJ 13-2011, f. 12-30-11, cert. ef. 1-3-12 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 461-200-4440 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-4440 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 461-195-0235 AFS 23-1997, f. 12-29-97, cert. ef. 1-1-98 AFS 25-1990, f. 11-21-90, cert. ef. 12-1-90
137-055-4450 Expiration and Release of Judgment Liens (1) When a judgment of the court or administrative order containing a money or support award is filed with the court administrator, it creates a judgment lien on all property owned by the obligor in the county where it is filed. (a) A money award for past support or any lump sum support award will attach to all real property of the judgment debtor immediately upon entry of the judgment. (b) A support award will not attach until it becomes an unpaid installment pursuant to section (2) of this rule. (2) When an installment becomes due under the terms of a support award and is not paid, a support arrearage lien attaches: (a) To all real property of the judgment debtor in the county where the judgment is filed; and (b) To any property acquired in that county by the judgment debtor after that date. (3) A support arrearage lien remains attached to real property until: (a) The judgment lien expires; or (b) The judgment lien is released for a single piece of real property or all real property of the judgment debtor in that county; or (c) Satisfaction is made for the unpaid installment(s). (4) A judgment lien created as a result of a child support or money award for unpaid child support installments expires as provided in ORS 18.180. (5) A judgment lien created as a result of a support award for spousal support expires as provided in ORS 18.180 and ORS 18.190. (6) An obligee may authorize the administrator to release a lien against real property of an obligor when the obligee has submitted a signed and notarized lien release form to the administrator. (7) If a release of lien is filed for all real property of the judgment debtor in a county, a judgment lien may be reinstated as provided in ORS Chapter 18. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 18.005 - 18.845 History: DOJ 21-2023, amend filed 11/22/2023, effective 12/01/2023 DOJ 1-2010, f. & cert. ef. 1-4-10 DOJ 1-2006, f & cert. ef. 1-3-06 DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04
137-055-4455 Expiration of Support Judgment Remedies (1) Judgment remedies for the child support award portion of a judgment, and any lump sum money award for unpaid child support installments, expire 35 years after the entry of the judgment that first establishes the support obligation. (2) Notwithstanding any other provisions of this rule, when the child support judgment being enforced was issued by another jurisdiction, the expiration of judgment under the laws of this state or of the issuing jurisdiction, whichever is longer, applies. (3) For spousal support judgments entered on or after January 1, 2004, judgment remedies for any unpaid installment under the spousal support award portion of a judgment expire the later of: (a) 25 years after entry of the judgment that first establishes the support obligation; or (b) 10 years after an installment comes due under the judgment and is not paid. (4) For spousal support judgments entered prior to January 1, 2004, judgment remedies for any unpaid installment under the spousal support award portion of a judgment expire the later of: (a) 25 years after entry of the judgment that first establishes the support obligation; or (b) 10 years after an installment comes due under the judgment and is not paid; or (c) 10 years from the date of a judgment renewal. (5) The judgment remedies for a money award for child or spousal support expire by operation of law. (6) The Department of Justice, Division of Child Support (DCS) is responsible for completing expiration of judgment audits on cases receiving child support services under ORS 25.080. (7) If an audit result is that the expired judgment amount is greater than the current arrears on the case, DCS will reduce the case arrears to zero. (8) When an expiration of judgment audit is completed, DCS will notify the parties if there is any change to the arrears as a result of the audit. The notice must include: (a) The current balance or zero, as appropriate, per section (7) of this rule; and (b) Information that a party may make a written request for an administrative review within 30 days of the notice. (9) If a party requests an administrative review, DCS will: (a) Conduct the administrative review within 45 days from the date of receiving the objection to verify the case was adjusted correctly and make any necessary corrections or adjustments as determined in the review; and (b) Notify both the obligee and the obligor, in writing, of the results of the review and of the right to appeal pursuant to ORS 183.484. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 18.180 - 18.194 History: DOJ 9-2025, amend filed 12/22/2025, effective 01/01/2026 DOJ 4-2011, f. & cert. ef. 7-1-11 DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11 DOJ 1-2010, f. & cert. ef. 1-4-10 Renumbered from 137-055-6110, DOJ 5-2005, f. & cert. ef. 7-15-05 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 461-200-6110 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-6110 AFS 15-2001, f. 7-31-01, cert. ef. 8-1-01
137-055-4460 Posting Security Bond or Other Guarantee of Payment of Overdue Support (1) Whenever there is a judgment for unpaid support, the administrator may ask the court to require the obligor to post security, bond, or some other guarantee to secure payment of the overdue support if the following criteria also exist: (a) The obligor has a poor payment history; and (b) The obligor has assets that exceed the amount of the support arrears and the assets cannot be reached by any other means. (2) The administrator shall include in the Motion to Show Cause, a section notifying the obligor of the intent to ask the court for security, bond, or some other guarantee of payment. This statement shall constitute advance notice to the obligor of such intent and shall provide the obligor the opportunity to contest the action. (3) Notwithstanding the provisions of section (1) of this rule, use of this procedure shall be considered inappropriate if the administrator determines: (a) It is unlikely that the obligor would be able to secure a bond; (b) The obligor is unable to pay child support, pursuant to ORS 25.245; or (c) A court of appropriate jurisdiction has ordered that the obligor be exempted from referral due to hardship circumstances. The obligor must notify the obligee and the administrator when filing a claim for hardship exemption with a court. Statutory/Other Authority: ORS 180.345 Statutes/Other Implemented: ORS 25.230 & 25.715 History: DOJ 4-2023, minor correction filed 05/01/2023, effective 05/01/2023 DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-4460 DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-4460 AFS 15-2001, f. 7-31-01, cert. ef. 8-1-01 AFS 5-2001, f. 3-30-01, cert. ef. 4-1-01 AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0237 AFS 25-1990, f. 11-21-90, cert. ef. 12-1-90