reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3435 - Physical Custody Changes: Adjusting Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies when physical custody
			 of a child changes as described in ORS 25.525. For purposes of this rule,
			 "non-custodial" party means the party without physical custody of the minor
			 child.
(2) The provisions of this
			 rule apply only when all of the children in the support order change physical
			 custody from one parent to another, and the change is not for the purpose of
			 exercising parenting time or visitation.
(3) Specifically excluded from adjustments
			 for physical custody are an adult child as defined in OAR 137-055-5110  and a
			 child attending school, as defined in 137-055-5110, because neither are
			 considered to be in the physical custody of anyone.
(4) When a support order has language
			 sufficient to change the support award when a change in physical custody
			 occurs, a party may submit a sworn affidavit or court order to the
			 administrator which includes the date the party obtained physical custody. The
			 administrator will notify the parties that support will be changed 14 days from
			 the date of mailing to the parties' last known addresses. The notice must
			 include:
(a) A copy of the affidavit or court
			 order;
(b) The amount of support
			 the non-custodial party will be ordered to pay, as previously determined in the
			 support order;
(c) A statement that
			 a hearing may be requested under ORS 25.513; and
(d) A statement that the only issues to be
			 considered in a hearing are whether there has been a change in physical custody
			 and the date on which it took place.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3440 - Effective Date of Modification Under ORS 25.527

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In any proceeding to modify a support
			 order under ORS
			 25.527,
			 the modification shall take effect as of the first day of any month following
			 service of the original motion to modify the judgment on the last
			 non-requesting party.
(2) If a
			 motion to modify a judgment is served on more than one non-requesting party,
			 the modification shall take effect as of the first day of any month following
			 service of the original motion on the last non-requesting party.
(3) For purposes of this rule, a
			 non-requesting party is an individual obligee, a child attending school under
			 ORS
			 107.108 and OAR 137-055-5110, or an obligor under the child support order.
(4) For an order that includes contingency
			 language pursuant to ORS
			 25.517,
			 the obligor will be considered the non-requesting party.
(5) An adult child, as defined in OAR
			 137-055-5110, who has sent a written request to the administrator to be a party
			 to the modification is not a non-requesting party for purposes of determining
			 the effective date of a modification.
Statutory/Other Authority: ORS
				  25.505,
				  107.135  & 180.345
Statutes/Other Implemented: ORS
				  25.166  & 25.527
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3460 - Processing Modifications When Unable to Find the Obligee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On any Oregon child support case,
			 whenever Oregon law or administrative rule requires the administrator to
			 process a modification of a support order to zero, and a State of Oregon court
			 or the administrator has jurisdiction to modify the support order, the
			 administrator shall proceed even in the event that the administrator cannot
			 locate the obligee.
(2) For
			 purposes of this rule, before the administrator can determine that the obligee
			 cannot be found, the administrator must first submit a request to the State
			 Parent Locator Service of the Division of Child Support and must allow the
			 State Parent Locator Service at least 45 days to verify an address or employer
			 for the party being sought.
(3) If
			 the administrator cannot locate the obligee, the administrator may serve by
			 other methods as allowed in ORS
			 25.020(9)(a)
			 or ORCP 7.D(6) when the motion to modify the support order is for a termination
			 or a modification to zero because:
(a) The
			 obligated parent is receiving cash assistance as provided in ORS
			 25.245;
(b) The obligated parent is incarcerated as
			 provided in ORS
			 25.247;
			 or
(c) The obligee no longer has
			 physical custody of the child(ren) named in the support order.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3480 - Modification of a Support Order to Zero or Termination of a Support Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 administrator may, upon its own initiative, or upon the request of a party
			 modify a child support obligation to zero when:
(a) No minor children for whom support was
			 ordered are currently in the physical custody of the obligee;
(b) The family has reconciled (the obligor,
			 obligee, and minor children live together as an intact family); or
(c) Support rights are not assigned to the
			 state and the obligee has requested that the administrator modify the support
			 obligation to zero.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3485 - Establishment or Modification for a Child Who Is Approaching or Has Reached 18 Years of Age

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule, "support" includes past support, current support, and support for
			 the time a child is expected to be a child attending school pursuant to ORS
			 107.108.
(2) The administrator may not initiate the
			 establishment of paternity or support for a child after the child turns 18
			 years old.
(3) Legal proceedings
			 initiated before a child turns 18 years old may continue after the child has
			 turned 18 years old.
(4) The
			 administrator may initiate modification of a support obligation for a child
			 approaching age 18 only if four or more months of support will be
			 impacted.
(5) The administrator may
			 initiate modification of a support obligation for a child attending school, as
			 defined in OAR 137-055-5110, but may only order cash child support or cash
			 medical support from a parent previously or currently ordered to pay either
			 cash child support or cash medical support in an amount greater than zero for
			 that child, and only if four or more months of support will be
			 impacted.
(6) When an order is
			 being modified in accordance with section (5) of this rule, one or both parents
			 may be ordered to provide health care coverage for a child attending school
			 regardless of whether they have previously been ordered to provide cash child
			 support or cash medical support.
(7) If an order was modified and did not
			 include support provisions for an adult child because the child was 18, 19, or
			 20 years old and was not qualified as a child attending school, as defined in
			 OAR 137-055-5110, the order can be modified to include cash child support for
			 the child if the child now qualifies as a child attending school, and only if
			 four or more months of support will be impacted.
(8) A child will be removed from a class
			 order calculation when the child's pro rata share of cash child support is less
			 than the Survivor's and Dependent's Educational Assistance benefits the child
			 receives pursuant to 38 U.S.C. Chapter 35 as a result of the paying parent's
			 disability or retirement. No support provisions for that child will be included
			 in the order, and the order must contain a finding that explains why support
			 provisions were not included.
Statutory/Other Authority: ORS
				  25.080,
				  25.550 & 180.345
Statutes/Other Implemented: ORS
				  25.010,
				  25.080,
				  25.287,
				  25.505,
				  25.527,
				  107.105,
				  107.108,
				  107.135,
				  109.100,
				  109.510,
				  109.704,
				  110.503,
				  412.001,
				  418.001,
				  419B.400 &
				  419C.590
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3490 - Suspension of Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule, "credit balance" means that payments received pursuant
			 to a child support order exceed the amount of arrears and current support that
			 has accrued under the order as reflected in the administrator's accounting
			 records.
(2) When an action to
			 modify, terminate, or set aside a child support order is pending, the
			 administrator may suspend enforcement of the child support order if:
(a) The obligor has custody of all of the
			 parties' children and continued collection of child support would impair the
			 obligor's ability to provide for their care; or
(b) Collection of child support would result
			 in a credit balance if the legal action is completed.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3495 - Redirection of Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Redirect" or "redirection of support" means:
(a) The process of distributing support that
			 would otherwise be paid to the judgment creditor to a person who has physical
			 custody of one or more minor children covered by a child support order;
			 or
(b) The process of distributing
			 to the obligee any support that would otherwise be paid to a child attending
			 school pursuant to OAR 137-055-5110(4)(a).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3500 - Joinder of a New Party to a Child Support Proceeding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In any proceeding under ORS 25.501 to
			 25.556 to modify a child support obligation or to redirect support, any party
			 may join any other person who has physical custody of a child in the
			 proceeding.
(2) Before a person may
			 be joined as a party, the administrator shall determine who has physical
			 custody of the child. The determination of who has physical custody of a child
			 is not affected by who may have legal custody of the child. A person has
			 physical custody when that person is responsible for the care, control and
			 supervision of the child. The administrator shall make this determination upon
			 reliable objective information including one or more of, but not limited to,
			 the following:
(a) Written agreement of all
			 parties to the proceeding and of the person having physical custody of the
			 child;
(b) Current school or day
			 care records of the child, indicating the child's name, address and primary
			 caretaker;
(c) Notarized statements
			 by persons who are knowledgeable about the child's primary place of residence
			 and primary physical custodian;
(d)
			 Letters of guardianship or other court records;
(e) Current state or federal agency
			 records.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3620 - Administrative Subpoena

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 administrator and child support programs of other states that provide services
			 pursuant to Title IV-D of the Social Security Act may issue administrative
			 subpoenas pursuant to ORS
			 25.082.
(2) Subpoenas issued by the administrator and
			 child support programs of other states shall be in the form adopted by the
			 United States Department of Health and Human Services for that
			 purpose.
(3) Administrative
			 subpoenas issued under this rule may compel the release of financial records
			 and other information needed to establish paternity or to establish, modify or
			 enforce a support order.
(4)
			 Administrative subpoenas issued under this rule may be served on an individual
			 or on a public or private entity.
(a) A
			 public entity means an agency or office of any federal, state or local
			 government.;
(b) A private entity
			 means any business entity or organization however organized, including all
			 profit and non-profit entities.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3640 - Enforcement of a Subpoena by License Suspension

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule the
			 following definitions apply:
(a) "License"
			 means any of the licenses, certificates, permits or registrations that a person
			 is required by state law to possess in order to engage in an occupation or
			 profession, all annual licenses issued to individuals by the Oregon Liquor
			 Control Commission, all driving privileges granted by the Department of
			 Transportation under ORS chapter 807 which includes all driving licenses and
			 permits, and all hunting and fishing licenses and tags issued by the Oregon
			 Department of Fish and Wildlife;
(b) "Administrative review" means a review of
			 the obligor's objection to proposed action under this rule performed by the
			 administrator to determine that:
(A) There is
			 not a mistake in identity of the party;
(B) The party has not complied with the
			 subpoena; or
(C) The subpoena was
			 properly served upon the party.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3660 - Multiple Child Support Judgments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the administrator finds that two or
			 more child support judgments exist involving the same obligor and child for the
			 same period and each judgment was issued in this state, the administrator may,
			 as appropriate:
(a) Issue a notice that,
			 pursuant to ORS
			 25.095
,
the terms of a later-issued court judgment terminated and replaced the terms of
			 an earlier-issued administrative order, if the later-issued court judgment was
			 entered within the last six months or the particular factual circumstances of
			 the case indicate that it should control;
(b) Terminate an existing administrative
			 child support judgment, pursuant to ORS
			 25.505;
(c) Move to set aside a judgment pursuant to
			 ORCP 71;
(d) Issue a proposed
			 governing child support order under ORS
			 25.531 applying the presumption provided in ORS
			 25.091(4)
			 and section (2) of this rule that the later-issued child support judgment
			 should control; or
(e) Petition
			 the court in the county where a child who is subject to the judgment resides
			 for a governing child support judgment pursuant to ORS
			 25.091.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3665 - Multiple Child Support Judgments - Multiple Obligees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule, the
			 provisions of OAR 137-055-3660  will apply to cases with multiple child support
			 judgments, with the following exceptions:
(a)
			 When the administrator finds that two or more child support judgments exist
			 involving the same obligor, same child(ren) and multiple obligees for the same
			 time period, the administrator may initiate a governing child support order,
			 and reconcile arrears.
(b) When the
			 administrator finds that two or more child support judgments exist involving
			 the same obligor, and multiple obligees for the same time period but do not
			 include all of the children, the administrator may initiate a governing child
			 support order, and reconcile arrears to the extent possible.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4040 - New Hire Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4080 - Exceptions to Income Withholding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An exception to income withholding may be
			 granted in any case as set out in ORS
			 25.396.
(2) The administrator may allow payment by
			 electronic funds transfer (EFT) as an exception to income withholding if:
(a) The obligee consents to payment by EFT;
			 or
(b) The only payee on the case
			 is a child attending school under ORS
			 107.108 and OAR 137-055-5110,
			 and the child attending school consents to payment by EFT; and
(c) The obligor submits a completed request
			 for payment by EFT on a form provided by the Division of Child Support;
			 and
(d) The obligor continues to
			 pay the amount due for current support each month until the Division of Child
			 Support activates the EFT; and
(e)
			 The obligor has not been disqualified from payment by EFT under sections (9)(a)
			 or (9)(d) of this rule in the last 12 months.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4130 - Reduced Income Withholding

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4160 - Contested Income Withholding

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4210 - Withholder Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4320 - Collection of Delinquent Support Obligations Through the Oregon Department of Revenue

Current through Register Vol. 63, No. 7, July 1, 2024
(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
			 parentage tests to establish a child's paternity.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4340 - Collection of Delinquent Support Obligations Through the U.S. Secretary of the Treasury

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4420 - License Suspension for Child Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule, "license"
			 means any of the licenses, certificates, permits or registrations that a person
			 is required by state law to possess in order to engage in an occupation or
			 profession, all annual licenses issued to individuals by the Oregon Liquor
			 Control Commission, all driver licenses and permits issued by the Department of
			 Transportation under ORS chapter 807, and all permanent and fee-based annual
			 hunting and fishing licenses issued by the Oregon Department of Fish and
			 Wildlife.
(2) The administrator may
			 begin the process to suspend an obligor's licenses if:
(a) The obligor has an order or judgment to
			 pay child support, regardless of whether that order or judgment is currently
			 accruing support;
(b) The
			 administrator has been providing services on the case pursuant to ORS
			 25.080 for at least three months;
(c) The
			 obligor owes arrears in an amount equal to the greater of three months of
			 support or $2500;
(d) The obligor
			 and administrator have not entered into an agreement as described in section
			 (10), or there is an agreement but the obligor is not in compliance with the
			 agreement;
(e) The obligor has not
			 made voluntary payments, or payments by income withholding, every month for the
			 last three months greater than the current support amount, or if there is no
			 longer an order or judgment for current support, equal to the amount of the
			 most recent order for current support. This criterion does not apply to
			 payments resulting from garnishment, tax offset, or any other enforcement
			 action other than income withholding; and
(f) The order is not currently suspended
			 under ORS
			 25.247.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4440 - Liens Against Personal and Real Property

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Services 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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4450 - Expiration and Release of Judgment Liens

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4455 - Expiration of Support Judgment Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(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) 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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4460 - Posting Security Bond or Other Guarantee of Payment of Overdue Support

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4500 - Financial Institution Data Match - Reasonable Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule defines "reasonable fees" which
			 the Child Support Program (CSP) 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 CSP 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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4510 - Financial Institution Data Matches - Insurance Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Services.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4520 - Garnishment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 administrator may utilize garnishment proceedings in accordance with ORS
			 chapter 18 for the purpose of collecting past due support.
(2)
(a)
			 When the administrator receives a collection from a garnishment proceeding, the
			 administrator will hold the collection for 40 days if the garnishee is making a
			 payment of other than wages or 120 days if the garnishee is making a payment of
			 wages before disbursing any amounts due a party from the collection.
(b) This requirement is to accommodate the
			 possibility that the administrator may have to return funds from the collection
			 to the garnishee, the obligor, or the court, as a result of the obligor or any
			 person who has an interest in the garnished property having made a challenge to
			 garnishment in accordance with ORS chapter 18.
(c) The administrator will waive this
			 requirement to hold the collection, and will apply the collection to the case
			 for immediate distribution, in any case where the obligor provides the
			 administrator with a signed declaration under penalty of perjury expressly
			 waiving the right to make a challenge to garnishment and requesting that the
			 administrator apply, distribute and, as appropriate, disburse the payment
			 immediately.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4540 - Passport Denial and Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the administrator submits delinquent child support accounts for
			 administrative offset pursuant to OAR 137-055-4340, the federal Office of Child
			 Support Services (OCSS) will select individual obligors with a total
			 delinquency in excess of $2,500 for passport denial.
(2) Passport denial means that, pursuant to
			 42 U.S. Code 652(k), the United States Secretary of State will refuse to issue
			 a passport and may revoke, restrict, or limit a passport which was previously
			 issued.
(3) The obligor will
			 receive notice of passport denial, including notice of their right to an
			 administrative review, when their total delinquency exceeds $2,500.
(4) An obligor whose passport has been denied
			 may request an administrative review. The administrator will conduct a review
			 and notify the parties of the decision. The only issues that may be considered
			 in the review are whether:
(a) The
			 administrator erroneously submitted the obligor to OCSS for passport denial due
			 to reasons such as a mistake in identity or an error in recordkeeping or
			 accounting;
(b) The obligor has
			 provided documentation of a life-or-death situation involving an immediate
			 family member, as defined by OCSS; or
(c) The obligor has paid as ordered but the
			 arrears balance exceeds $2,500 because of one or more orders for past support
			 or upward modifications filed in court within one year of the administrator's
			 receipt of the request for review.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4560 - Consumer Credit Reporting Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of Justice may enter into
			 agreements with consumer reporting agencies as defined in ORS
			 25.650 to disclose information
			 under section (2) of this rule. Under these agreements, the Department will
			 provide such agencies with the names of obligors who owe support and will
			 indicate the specific amount each obligor owes. Under these agreements, the
			 Department will provide such information:
(a)
			 Whether or not the agency has requested information on any specific obligor;
			 and
(b) On a recurring or periodic
			 basis.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4620 - Enforcing Health Care Coverage and Cash Medical Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If services are being provided pursuant
			 to ORS 25.080 and private health care
			 coverage is ordered the administrator will issue a medical support notice to
			 enforce orders for health care coverage within two business days of receiving
			 information that an employer has hired or rehired a providing party, as defined
			 in 25.321, or at any time when the
			 administrator determines it is necessary; and
(a) An obligor or obligee is ordered to
			 provide appropriate health care coverage for a child as required by ORS
			 25.321, OAR
			 137-050-0750;
(b) The providing
			 party has failed to provide appropriate health care coverage, either personally
			 or through a spouse's or domestic partner's coverage; and
(c) The employer offers or may offer a health
			 benefit plan to its employees.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4640 - Medical Support Notice - Plan Selection

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of this rule, the definitions found in ORS
				25.321 and OAR 137-050-0750 apply.
(1) When a medical support
			 notice has been served and the providing party as defined in ORS
			 25.321, is not enrolled in a
			 health benefit plan or is not enrolled in a plan that offers and available
			 dependent coverage as defined in ORS
			 25.323, and if more than one
			 plan with appropriate dependent coverage is offered, the plan administrator
			 will notify the enforcing agency and the enforcing agency will forward the
			 health benefit plan information to the obligee, if the obligee is not the
			 providing party.
(2) The notice
			 sent by the enforcing agency with the health benefit plan descriptions and
			 documents will advise the obligee that:
(a)
			 If the obligee identifies a plan and contacts the enforcing agency within 10
			 calendar days of the date the plan information was mailed, except as provided
			 in section (4) of this rule, the enforcing agency will notify the plan
			 administrator of the selection made.
(b) If the obligee fails to notify the
			 enforcing agency of a plan selection within 10 calendar days of the date the
			 plan information was mailed, except as provided in section (4) of this rule,
			 the enforcing agency will select the default plan if the plan administrator has
			 indicated there is such a plan or, if there is not a default plan indicated by
			 the plan administrator, the least costly plan available that provides
			 appropriate health care coverage.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-5025 - Payment of Child Support to an Escrow Agent

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-5030 - Receipting of Support Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(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 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 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 48 hours.
(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 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 payment(s).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-5035 - Payment by Electronic Funds Transfer

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-5040 - Accrual and Due Dates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used
			 in this rule, "payment due date" means the due date or beginning pay date of an
			 installment of support or, if no such date is listed, the date the judgment
			 states it is effective.
(2) For any
			 judgment requiring the payment in installments of child support or child and
			 spousal support through the Child Support Program, in accordance with ORS
			 25.020,
			 this rule delineates the manner in which the administrator will determine
			 billing and accrual cycles.
(3)
(a) When a support award does not specify the
			 payment due date, the administrator will consider the payment due date to be
			 the date listed in the administrative order or judgment document;
(b) When a support award specifies payments
			 are to be made more frequently than monthly, the administrator will consider
			 the last payment due date listed in the month to be the payment due
			 date.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-5045 - Inconsistent Provisions: Body of Order and Support or Money Award

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 administrator discovers that 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 on the award;
(c) On a case in which services are being
			 provided under ORS
			 25.080 and the award was entered by the administrator, file a motion to correct the
			 error. Until the error is corrected, the support order will be enforced:
(A) As recorded on the judgment register
			 OECI, or
(B) If OECI does not
			 reflect information necessary to proceed, as recorded on the award.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-5060 - Billings for Support Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-5080 - Adding Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(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; or
(b) 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.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-5110 - Child Attending School

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to provide additional information
				as to how the Oregon Child Support Program will apply the provisions of ORS
				107.108 when the order or
				modification provides for support until the child is age 21, so long as the
				child is a child attending school in accordance with ORS
				107.108.
(1) In addition to the definitions found in
			 ORS 107.108, as used in OAR Chapter
			 137, division 55, the following terms have the meanings given below:
(a) "Active member of the military" means:
(A) A member of the Army, Marine Corps, Navy,
			 Air Force, Space Force, or Coast Guard (collectively known as the "armed
			 forces"), who is serving on active duty; or
(B) A member of the National Guard who is
			 serving full-time National Guard state or federal active duty; or
(C) A cadet at a federal service
			 academy.