Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3430 - Substantial Change in Circumstance Modification of Child Support Order Amounts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes
			 of this rule: "Substantial compliance" means that the difference between the
			 existing support order and the amount calculated using current guidelines is
			 not greater than $50 or 15% of the current guideline amount, whichever is
			 less.
(2) Notwithstanding OAR
			 137-055-3420  and except as provided in paragraph (3)(b)(A) of this rule,
			 proceedings may be initiated at any time to review and modify a support
			 obligation based upon a substantial change in circumstance.
(3) The administrator will conduct a review
			 of the existing order to determine whether it qualifies for a change of
			 circumstance modification when:
(a) Oregon has
			 jurisdiction to modify; and
(b) The
			 administrator:
(A) Receives a request for
			 modification based on a change of circumstance and at least 60 days have passed
			 from the date the existing support order was entered. For those cases where a
			 review is requested pursuant to paragraphs (3)(c)(H), (I), or (J) of this rule,
			 there is no need for 60 days to have passed; or
(B) Determines that a modification should be
			 initiated based on the administrator's motion; and
(c) At least one of the following criteria is
			 met:
(A) A change in the written parenting
			 time agreement or order has taken place;
(B) The financial or household circumstances
			 of one or more of the parties have changed;
(C) Social Security benefits received on
			 behalf of a child due to a parent's disability or retirement were not
			 previously considered in the order;
(D) Veterans benefits received on behalf of a
			 child due to a parent's disability or retirement were not previously considered
			 in the order;
(E) Survivors' and
			 Dependents' Educational Assistance benefits received by a child or on behalf of
			 a child were not previously considered in the order;
(F) The needs of the children have
			 changed;
(G) The support order has
			 been suspended and reinstated under OAR 137-055-3300  and qualifies for a review
			 pursuant to ORS 25.247;
(H) There is a need to add or change medical
			 support provisions for a child;
(I)
			 A change in the physical custody of a minor child has taken place;
(J) An order is being modified to add or
			 remove a child of the parties;
(K)
			 A child who is 18 years of age or older and under 21 years of age does not
			 qualify as a child attending school under ORS
			 107.108 and OAR 137-055-5110  and, pursuant to ORS 107.108(10),
			 tiered order provisions will be added, removed, or changed. The definition of
			 tiered order is provided in OAR 137-055-1020.
(d) And the requesting party (if other than
			 the administrator) submits the following documentation, or its equivalent:
(A) A written request for modification based
			 on a substantial change of circumstance (signature is not required if it can be
			 determined who submitted the request);
(B) Appropriate information for the criteria
			 in subsection (3)(c) of this rule showing that a substantial change of
			 circumstance has occurred; and
(C)
			 A completed Uniform Income and Expense Statement or Uniform Support
			 Petition.