Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4300 - Support Enforcement by Methods Other than Income Withholding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Income
			 withholding, pursuant to OAR 137-055-4060  through 137-055-4180, will be the
			 preferred method that the administrator will use to collect current and
			 past-due support.
(2) If payment is
			 not received in the amount of current support due for each month plus an amount
			 toward any existing arrears, the administrator will pursue additional
			 enforcement actions as specified under this rule.
(a) For purposes of this section, "additional
			 enforcement actions" means actions in addition to income withholding under any
			 of the following circumstances:
(b)
			 The administrator will pursue additional enforcement actions where any of the
			 following circumstances occurs:
(A)
			 Collection by income withholding cannot be attained under OAR 137-055-4060  through 137-055-4180.
(B) Income
			 withholding is collecting less than the amount of current support due for each
			 month; or
(C) Income withholding is
			 collecting the full amount of current support due for each month, but is
			 collecting nothing toward arrears on the case.
(D) No current support is owed, and income
			 withholding is collecting nothing toward arrears or the obligor is not paying a
			 negotiated or agreed-upon amount toward arrears.
(c) All such enforcement actions will be in
			 compliance with, and as appropriate under, state and federal law. The
			 administrator will not initiate or take any action under this rule that is
			 precluded or prohibited by state or federal law due to the circumstances of the
			 individual case.
(d) The
			 administrator will take such action within 30 calendar days of whichever of the
			 following occurs later:
(A) Arrears have
			 occurred; and
(B) The administrator
			 has located the obligor, the obligor's employer, or other assets or sources of
			 income, provided such information is sufficient to enable the next appropriate
			 action on the case.
(e)
			 If service of process is required before taking an enforcement action:
(A) Service must be completed or unsuccessful
			 diligent attempts to serve process must be documented, and enforcement action
			 must be initiated if process is served, no later than 60 calendar days of
			 initially identifying arrears or of locating the obligor or the obligor's
			 employer, assets, or other sources of income, whichever occurs later.
(B) If a court action is necessary, the
			 requirement to initiate enforcement action within no later than 60 calendar
			 days is met if the administrator has initiated action to enter the case with
			 the court for a court hearing or action.
(f) The administrator is not required to
			 perform those "additional enforcement actions" that the Oregon Child Support
			 Program already provides automatically for every case meeting specified
			 criteria. Further, a case does not necessarily need to meet the criteria for
			 "additional enforcement actions", under section (2) of this rule, in order for
			 the Oregon Child Support Program to automatically provide the enforcement
			 methods under this subsection for every case meeting specified criteria. These
			 enforcement methods include, but are not limited to:
(A) Interception of state and federal tax
			 refunds, under OAR 137-055-4320  through 137-055-4340.
(B) Release of information to consumer credit
			 reporting agencies, under OAR 137-055-4560.
(g) If any enforcement action specified under
			 this rule, whether by itself or in combination with collections attained
			 through income withholding, results in collection of current support each month
			 plus payments toward reducing any arrears that exists on a case, the
			 administrator is not required to pursue further additional enforcement actions
			 on that case. However, the administrator will resume pursuing additional
			 enforcement actions if any of the circumstances under subsection (2)(b) of this
			 rule subsequently occurs.