reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1100 - Continuation of Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 family's assistance grant is closed, services under ORS
			 25.080 will automatically be continued. The Division of Child Support (DCS) will
			 notify the support obligee and any child attending school under 107.108 and OAR
			 137-055-5110, in writing, of the services to be provided and the consequences
			 of receiving those services, including a listing of available services, fees,
			 the state's policy on cost recovery and its distribution policies. The Division
			 of Child Support will notify the obligee, and the child attending school that
			 subject to the obligor or chlid attending school's right to request services:
(a) An obligee or applicant for services may
			 request that support enforcement services no longer be provided. If the obligee
			 or applicant so requests, and there is no assignment of arrears to the state,
			 case closure procedures pursuant to OAR 137-055-1120  may be
			 initiated.
(b) An obligee may also
			 request under OAR 137-055-1090  that support enforcement services no longer be
			 provided for either the obligee or the state.
(c) A child attending school who is an
			 applicant for services may, under subsection (1)(a), request that support
			 enforcement services no longer be provided on his or her behalf. A child
			 attending school who is not an applicant for services may discontinue all
			 support enforcement services on his or her behalf by redirecting his or her
			 support to the obligee under OAR 137-055-5110(4)(b).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1140 - Confidentiality of Records in the Oregon Child Support Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) As used in this rule, "employee" means a
			 person employed by the Oregon Department of Justice (DOJ) or a District
			 Attorney office that provides Oregon Child Support Program services;
(b) "Party" has the meaning given in OAR
			 137-055-1020, and includes a party's attorney or licensed paralegal, as
			 provided in ORS 25.010(2).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1160 - Confidentiality - Finding of Risk and Order for Nondisclosure of Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule in addition to the definitions found in OAR 137-055-1020,
			 the following definitions apply:
(a) "Claim
			 of risk for nondisclosure of information" means a claim by a party to a
			 paternity or support case made to the administrator, an administrative law
			 judge or the court that there is reason to not contain or disclose the
			 information specified in OAR 137-055-1140(6)  because the health, safety or
			 liberty of a party or child would unreasonably be put at risk by disclosure of
			 such information;
(b) "Finding of
			 risk and order for nondisclosure of information" means a finding and order by
			 the administrator, an administrative law judge or the court, which may be made
			 ex parte, that there is reason to not contain or disclose the information
			 specified in OAR 137-055-1140(6)  because the health, safety or liberty of a
			 party or child would unreasonably be put at risk by disclosure of such
			 information.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1200 - Use of Social Security Number by the Child Support Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under the
			 provisions of
			 42 USC
			 405(c)(2)(C), individuals
			 who are affected by the Child Support Program (CSP) will be required to provide
			 their social security numbers to the administrator.
(2) Social security numbers provided under
			 this rule will be used by the administrator as necessary for the following
			 purposes:
(a) The identification of
			 individuals who are affected by the administration of the CSP;
(b) The establishment, modification and
			 enforcement of child and medical support obligations;
(c) The accounting, distribution and
			 disbursement of support payments;
(d) The administration of the general public
			 assistance laws of the State of Oregon.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1320 - Access to FPLS for Purposes of Parentage Establishment; Child Support Establishment, Modification or Enforcement; or Determining Who Has or May Have Parental Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule and OAR 137-055-1360, the following definitions apply:
(a) "FPLS" means the Federal Parent Locator
			 Service operated by the United States Department of Health and Human
			 Services.
(b) "Original requestor"
			 means a party to a paternity or child support case who is seeking FPLS
			 information, directly, through an attorney, or through court request.
(c) "Custodial Parent" includes a caretaker
			 or caretaker relative as defined in OAR 461-120-0610.
(d) "Legal Guardian" means a person appointed
			 as a guardian under ORS Chapter 125 or similar provision.
(e) "Reasonable evidence of possible domestic
			 violence" means:
(A) A record on the Oregon
			 Judicial Information Network or the Law Enforcement Data System that an order
			 of protection has or had been issued against the original requestor in favor of
			 the person being sought; or
(B) A
			 record that the person being sought has or had been granted good cause pursuant
			 to ORS 412.024 not to establish
			 paternity or to establish or enforce a support order against the original
			 requestor; or
(C) A record that the
			 person being sought has or had been granted an order for nondisclosure of
			 information or an ACP order for nondisclosure of information pursuant to OAR
			 137-055-1160  in a case where the original requestor is or was the other party
			 in a legal action.
(f)
			 "Reasonable evidence of possible child abuse" means that there is a record with
			 the Department of Human Services child welfare program that the original
			 requestor has been investigated for alleged abuse of any child.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1360 - Access to FPLS for Parental Kidnapping, Child Custody or Visitation Purposes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, an authorized person is:
(a) Any agent or attorney of any state who
			 has the duty or authority under the law of that state to enforce a child
			 custody or visitation order;
(b)
			 Any court having jurisdiction to make or enforce a child custody or visitation
			 determination, or any agent of such court;
(c) Any agent or attorney of the United
			 States or of a state who has the duty or authority to investigate, enforce or
			 bring a prosecution with respect to the unlawful taking or restraint of a
			 child. The unlawful taking or restraint of a child includes;
(A) Custodial interference as provided in ORS
			 163.245 and
			 163.257; or
(B) Any other State or Federal law with
			 respect to the unlawful taking or restraint of a child.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1500 - Incentive Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes
			 of this rule, the following definitions apply:
(a) "Centralized services" may include, but
			 are not limited to: accounting functions, bankruptcy case management, central
			 registry for interstate cases, computer charges, constituent desk, Child
			 Support Program director's office administrative costs, garnishments resulting
			 from a Financial Institution Data Match, locate services, mainframe, Oregon
			 District Attorney Association liaison position, postage, receipt, distribution
			 and disbursement of support payments, and unemployment compensation and
			 workers' compensation withholdings;
(b) "County" or "Counties" means the county
			 district attorneys under cooperative agreements to provide support enforcement
			 services under ORS 25.080 and any county which
			 enters into an agreement with the Division of Child Support (DCS) under ORS
			 25.080(5) on or
			 after May 1, 2001, for DCS to assume the functions of the district
			 attorney;
(c) "Counties' Collection
			 Base" is that portion of the "State's Collection Base" attributable only to
			 amounts for cases assigned to the counties;
(d) "DCS' Collection Base" is that portion of
			 the "State's Collection Base" attributable only to amounts for cases assigned
			 to DCS;
(e) "State's Collection
			 Base" has the meaning given in
			 45 CFR
			 305.31(f);
(f) "Available incentive payment pool" is the
			 projected amount from the biennial budget of the gross amount of incentives to
			 be received from the federal Department of Health and Human Services (DHHS) for
			 the current fiscal year.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1600 - Child Support Program Participant Grievance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule the
			 following definitions apply;
(a) "Program
			 participant" means any obligor, obligee or beneficiary in an Oregon child
			 support case or any person denied services after submitting an
			 application.
(b) "Grievance" means
			 a formal complaint filed against the administrator.
(c) "Grievant" means a program participant
			 who has filed a grievance as set out in this rule.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1700 - Division of Child Support as Garnishee - Service of Writ

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				18.655(1)(f),
				the Department of Justice, Division of Child Support designates Special
				Collections, 3210 Del Webb Avenue NE, Salem, Oregon 97301, as the authorized
				office to receive service or delivery of a writ of garnishment for property of
				a debtor with regard to child support or spousal support payments. Service or
				delivery of a writ of garnishment at an office or address other than the one
				designated in this rule will not be considered valid.
Statutory/Other Authority: ORS
				  180.345
Statutes/Other Implemented: ORS
				  18.655
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1800 - Limited English Proficiency

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of providing child support services required
				by ORS
				25.080 to Limited English Proficiency (LEP) persons, the following provisions
				apply:
(1)
(a) "Eligible population" means persons
			 eligible to receive child support services pursuant to ORS
			 25.080.
(b) "Vital information" means information
			 that:
(A) Affects a person's substantive
			 rights;
(B) Notifies a person
			 about rights or services;
(C) Tells
			 a person what process to use to respond; or
(D) Tells a person what the findings are or
			 what to pay.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-2020 - Case Assignment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) Except as provided in OAR 137-055-1090,
			 the Division of Child Support (DCS) must provide services pursuant to ORS
			 25.080 for all children for whom support rights are or have been assigned to this or
			 another state because the child(ren) are receiving or have received cash
			 assistance, foster care, or medical assistance when one or both parents are
			 absent from the benefit group; and
(b) For cases that would be assigned to a
			 District Attorney (DA) office, but DCS is providing child support services as
			 provided in ORS
			 25.080(6).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-2045 - Spousal Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, the following apply:
(a) A "spousal support only case" is a case
			 in which there is a continuing spousal support obligation and no current child
			 support obligation or child support arrears.
(b) "Public assistance" means any financial
			 or medical assistance granted in accordance with state, federal, or Tribal law.
			 Examples of public assistance include, but are not limited to, Supplemental
			 Nutrition Assistance Program benefits (SNAP), Medicaid, Medicare, assistance
			 for seniors and people with physical disabilities, Temporary Assistance for
			 Needy Families (TANF), Social Security Disability Insurance (SSDI), and
			 Supplemental Security Income (SSI).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-2060 - Cases with Contradictory Purposes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cases with contradictory purposes are
			 defined as two or more child support cases in which the same person is, or has
			 been, both an obligee and obligor in those cases and the cases are, or have
			 been, assigned to the same Child Support Program (CSP) office.
(2) The administrator represents the
			 interests of the state. There is no conflict of interest when the same CSP
			 office is assigned cases where the same person is, or has been, both an obligor
			 and an obligee. The administrator is responsible for impartial application of
			 the law. Nothing in this rule precludes a CSP office from having cases assigned
			 to them in which the same person is, or has been, both an obligor and
			 obligee.
(3) It is recognized that
			 a person receiving child support services or a person eligible to receive child
			 support services may be reluctant to pursue those services because the CSP
			 office through which they do or would receive services is, or has been, the
			 same CSP office in another case where the person is, or has been, the opposite
			 party.
(4) A person who has cases
			 in which that person is, or has been, or upon application would be, both an
			 obligor and obligee with cases assigned to the same CSP office may ask the CSP
			 office manager to transfer one of the cases to a different CSP office. The CSP
			 office manager will consider the request and either grant the transfer or
			 explain to the requestor why the transfer is not granted.
(5) If a case is transferred, the assignment
			 to a different CSP office will take into consideration the needs of the
			 requestor and the other party(ies).
(6) If the CSP office manager denies the
			 request for transfer, the requestor may ask the CSP Director to review the
			 decision of the administrator and to facilitate a resolution.
Stat. Auth.: Sec. 2, Ch. 73 OL 2003
Stats. Implemented: ORS
				  25.080
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-2080 - Office Responsible for Providing Services when Conflict of Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Child
			 Support Program (CSP) will, to the maximum extent possible, assign support
			 cases to avoid the potential for or the appearance of a conflict of
			 interest.
(2) If an actual or
			 potential conflict of interest is identified by either an employee or a party
			 or potential party to a case, the manager of the affected office shall make a
			 determination whether the case should:
(a)
			 Remain assigned to the current employee;
(b) Be reassigned to another employee within
			 the same office; or
(c) Be
			 reassigned to a different office.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-2100 - Process Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 administrator may serve process in the manner provided in ORCP 7, ORS
			 25.085,
			 and any other provision of law.
(2)
			 "Mail service with delivery confirmation" includes but is not limited to
			 registered mail, certified mail, and priority mail with delivery
			 confirmation.
(3) When the
			 administrator will use priority mail service as the process service method, the
			 party who will receive the documents must verify the address to which the
			 documents are to be mailed. Verification by the party must occur no more than
			 60 calendar days prior to mailing.
Statutory/Other Authority: ORS
				  180.345
Statutes/Other Implemented: ORS
				  25.085,
				  25.245,
				  25.511 & 25.540
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-2120 - Rules for Contested Case Hearings in the Child Support Program

Current through Register Vol. 63, No. 7, July 1, 2024
Contested case hearings for the Child Support Program are
				conducted in accordance with the Attorney General's Model Rules at OAR
				137-003-0501 through
				137-003-0700 and with
				137-055-2120 through
				137-055-2180.
				The hearings are not open to the public and are closed to non-participants,
				except the administrative law judge may permit non-participants to attend
				subject to the parties' consent.
Stat. Auth.: Sec. 2, ch. 73 OL 2003
Stats. Implemented: Sec. 2, ch. 73 OL
				  2003
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-2140 - Delegations to Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
Administrative law judges (ALJ) of the Office of Administrative
				Hearings (OAH) are authorized to do the following:
(1) Issue final orders without first issuing
			 proposed orders.
(2) Issue final
			 orders by default in cases described in OAR 137-003-0670  or 137-003-0672,
			 except in a case authorized by ORS
			 25.511 or as authorized in section (3). An ALJ is authorized to issue a final order by
			 default in a case authorized by ORS
			 25.527(5)
			 but not in any other case authorized by ORS
			 25.527,
			 unless section (4) of this rule applies.
(3) Issue final orders by default when the
			 non-requesting parties fail to appear for a hearing conducted under ORS
			 25.020(13),
			 or issue a dismissal with prejudice when the requesting parties fail to appear
			 for a hearing conducted under ORS
			 25.020(13).
(4) Issue final orders that reflect the name
			 of the child as recorded on the birth record when the underlying order that is
			 being modified listed the child's name incorrectly and either the administrator
			 corrected the child's name in the proposed order or the ALJ discovers the
			 discrepancy and the administrator verifies the correct name.
(5) Correct mistakes in hearing orders issued
			 by OAH pursuant to ORS
			 180.345,
			 including scrivener errors and substantive errors, at any time within 30 days
			 of the issuance of the order; and
(a) Orders
			 in which scrivener errors have been corrected must be marked "Corrected
			 Order";
(b) Orders in which
			 substantive errors have been amended must be marked "Amended Order";
			 and
(c) Corrected and amended
			 orders must contain notice to the parties of appeal rights as provided in ORS
			 25.513 and must either be mailed to the parties by regular mail at each party's
			 contact address or delivered electronically to the email address provided by a
			 party, when available.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-2160 - Requests for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 request for hearing must be in writing and signed by the party, the party's
			 authorized representative, or the administrator. The signature may be
			 handwritten, typed or electronic.
(2) A request for hearing must be received by
			 the Program within the time provided by law in order to be considered
			 timely.
(3) A new or amended
			 request for hearing is not required from the requesting party to obtain a
			 hearing if the administrator amends the order being appealed, unless the
			 administrator notifies the parties that an additional request is
			 required.
(4) Notwithstanding OAR
			 137-003-0530, 137-003-0672(3), and section (3) of this rule, if the Office of
			 Administrative Hearings dismisses a hearing because the requesting party failed
			 to appear, the Program may issue an amended notice instead of issuing a final
			 order by default. The amended order will be referred to the Office of
			 Administrative Hearings only if a party submits a new request for a
			 hearing.
(5) When a party requests
			 a hearing after the time specified by law, the administrator will:
(a) Deny the late request if the final order
			 has been entered in court; or
(b)
			 Forward the hearing request to the Office of Administrative Hearings if
			 subsection (5)(a) of this rule does not apply.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-2165 - Requests to Reschedule Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the party who requested a hearing
			 fails to appear at the hearing, the party may request that the hearing be
			 rescheduled. A request to reschedule a hearing must be submitted in writing to
			 the Oregon Child Support Program.
(2) When the Program receives a written
			 request to reschedule a hearing, the Program will do one of the following:
(a) Deny the request to reschedule if:
(A) The final order has been entered in the
			 circuit court; or
(B) The request
			 was submitted by a party who did not originally request the hearing.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-2170 - Use of Lay Representatives at Administrative Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 rule "lay representative" means a representative of the Child Support Program
			 (CSP) who is not employed as an attorney.
(2) Subject to the approval of the Attorney
			 General, lay representatives of the Child Support Program are authorized to
			 appear on behalf of the CSP in the following types of administrative hearings
			 conducted by the Office of Administrative Hearings:
(a) Administrative child support
			 adjudications pursuant to ORS
			 25.287,
			 25.511,
			 25.513,
			 25.515,
			 25.517,
			 25.525, and
			 25.527;
(b) Hearings regarding state income tax
			 intercepts pursuant to ORS
			 25.620 and
			 293.250;
(c) Hearings regarding the suspension of
			 occupational and driver licenses, certificates, permits, and registrations
			 pursuant to ORS 25.765;
(d) Hearings regarding credit for direct
			 payments pursuant to ORS
			 25.020 and OAR
			 137-055-5240;
(e) Hearings
			 regarding overpayments pursuant to ORS
			 25.125.
(f) Hearings regarding the state's
			 satisfaction of a support award pursuant to OAR 137-055-5220;
(g) Hearings regarding suspension of support
			 pursuant to ORS 25.245 and
			 25.247;
(h) Hearings regarding the establishment of
			 arrears pursuant to ORS
			 25.540 and OAR
			 137-055-3240;
(i) Hearings
			 regarding physical custody determinations for purposes of joining a party
			 pursuant to ORS 25.503 and OAR
			 137-055-3500;
(j) Hearings
			 regarding credit for lump sum Social Security/Veterans payments pursuant to ORS
			 25.275 and OAR
			 137-055-5520.
(k) Hearings
			 regarding the amount of assigned arrears pursuant to OAR
			 137-055-6040.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-2180 - Reconsideration and Rehearing

Current through Register Vol. 63, No. 7, July 1, 2024
A petition for reconsideration or rehearing authorized by OAR
				137-003-0675 must be filed with the administrative law judge who signed the final order. An
				administrative law judge will rule on the petition and take appropriate action
				if the petition is allowed.
Stat. Auth.: Sec. 2, ch. 73 OL 2003
Stats. Implemented: Sec. 2, ch. 73 OL
				  2003
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-2320 - Requirement for Services - Obligor Bankruptcy Situations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The administrator will have access to an
			 attorney admitted to federal court practice to handle situations of obligor
			 bankruptcy, or contract with suitable counsel so admitted.
(2) For the purposes of this rule, "suitable
			 counsel" means any of the following:
(a) That
			 portion of the Oregon Department of Justice (DOJ) designated to handle
			 bankruptcy situations; or
(b) Any
			 Oregon county district attorney's office with staff admitted to federal court
			 practice to handle situations of obligor bankruptcy; or
(c) Private counsel so admitted, provided
			 that such private counsel complies with the administrative rules and procedures
			 of the Child Support Program that apply to situations of obligor bankruptcy,
			 and with applicable DOJ policies regarding representation.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-2340 - Obligor Bankruptcy Situations in General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon being notified of obligors
			 bankruptcy, the administrator will:
(a) Enter
			 the appropriate codes for bankruptcy on the case record, and
(b) Narrate the case record with the
			 bankruptcy information to alert other program participants of the bankruptcy
			 situation.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-2360 - Obligor Chapter 7 and Chapter 11 Bankruptcy Situations

Current through Register Vol. 63, No. 7, July 1, 2024
This rule details the Child Support Program's responsibilities
				in situations of obligor bankruptcy and applies to Chapter 7 and Chapter 11
				bankruptcies filed on or after October 17, 2005. For bankruptcies filed prior
				to October 17, 2005, the Bankruptcy Code in effect at the time the bankruptcy
				was filed applies, as does the prior version of OAR 137-055-2360  in effect at
				the time the bankruptcy was filed.
(1)
			 Upon receiving notification of bankruptcy, the administrator will:
(a) Stop any legal action that is pending and
			 not initiate any new legal action, except:
(A)
			 Initiating or proceeding with the establishment of paternity;
(B) Initiating or proceeding with the
			 establishment or modification of a child support order;
(C) Changing the support award based on a
			 change in the child's physical custody as authorized by ORS
			 25.525; or
(D) Processing a notice suspending or
			 reinstating support pursuant to OAR 137-055-3300  or 137-055-5400.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-2380 - Obligor Chapter 12 and Chapter 13 Bankruptcy Situations

Current through Register Vol. 63, No. 7, July 1, 2024
This rule details the Child Support Program's responsibilities
				in situations of obligor bankruptcy and applies to Chapter 12 and Chapter 13
				bankruptcies filed on or after October 17, 2005. For bankruptcies filed prior
				to October 17, 2005, the Bankruptcy Code in effect at the time the bankruptcy
				was filed applies, as does the prior version of OAR 137-055-2380  in effect at
				the time the bankruptcy was filed.
(1)
			 Upon receiving notification of bankruptcy, the administrator will:
(a) Stop any legal action that is pending and
			 not initiate any new legal action, except:
(A)
			 Initiating or proceeding with the establishment of paternity;
(B) Initiating or proceeding with the
			 establishment or modification of a child support order;
(C) Changing the support award based on a
			 change in the child's physical custody as authorized by ORS
			 25.525; or
(D) Processing a notice suspending or
			 reinstating support pursuant to OAR 137-055-3300  or 137-055-5400.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3020 - Paternity Establishment Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a case involves a child who is not
			 yet born, the administrator will take no action to establish paternity or to
			 provide locate services until such time as the child is born.
(2)
(a)
			 When initiating legal proceedings to establish paternity for a child, the
			 administrator will use ORS chapters 25, 109, and 110.
(b) Except for proceedings filed under ORS
			 chapter 109, past support will be established as provided by ORS chapter 25 and
			 OAR 137-055-3220.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3040 - Temporary Order for Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When a party to an order to establish paternity objects to the entry of such
			 order and provided the parentage test results in a cumulative paternity index
			 of 99 percent or greater, the administrator may request the court to issue a
			 temporary support order.
(2) A
			 party other than the state may request an order establishing temporary
			 support.
(3) If, in response to the
			 initial parentage test results, a party requests additional parentage tests,
			 such request shall be considered an objection to the entry of the order
			 establishing paternity, and the administrator shall order the additional
			 parentage tests.
(4) When the
			 administrator requests the court to issue a temporary support order, the
			 administrator shall certify the case to court for:
(a) The establishment of prospective
			 support;
(b) A parentage
			 determination;
(c) A final order
			 for parentage, support, and past support.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3060 - Establishing Paternity in Multiple Alleged Father Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In any action to establish paternity
			 initiated under ORS 25.501 to 25.556, when the mother of the child for whom
			 paternity is being established states that the father of the child could be
			 more than one man, the administrator may initiate action against those men who
			 are named by the mother as possible fathers as provided in this rule.
(2)
(a) If
			 mother is able to name one of the possible fathers as the most likely father
			 based upon the date of conception, the physical characteristics the child
			 shares with that man, or other factors, the administrator may initiate action
			 against that man only.
(b) If the
			 administrator is unable to locate the man identified by mother as the most
			 likely father, the administrator will not proceed with establishment of
			 paternity until the man is located.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3080 - Responsibility of Administrator to Establish Paternity at Request of Self-Alleged Father

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule, self-alleged father means a man who both:
(a) Claims that he is, or possibly is, the
			 biological father of a child born out of wedlock as defined in ORS
			 109.124;
			 and
(b) Wishes to have paternity
			 legally established for the child, establishing himself as the legal
			 father.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3100 - Order Establishing Paternity for Failure to Comply with an Order for Parentage Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In an action
			 to establish paternity initiated pursuant to ORS 25.511, the administrator may
			 serve simultaneously the Notice and Finding of Financial Responsibility, a
			 proposed Order Establishing Paternity, and an administrative order for genetic
			 tests.
(2) An administrative order
			 for genetic tests may require either the mother of the child in question or a
			 person who is a possible father of the child to file a denial of paternity in
			 order to receive a genetic test, or it may require testing regardless of
			 whether a party denies paternity and requests testing.
(3) The administrator may enter an order
			 establishing paternity when:
(a) All parties
			 have been served with a Notice and Finding of Financial Responsibility, a
			 proposed Order Establishing Paternity, and an order requiring genetic tests;
(b) The mother of the subject
			 child has named the male party as a possible father; and
(c) The male party denied paternity and
			 subsequently failed to appear for genetic testing.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3120 - Changing Child's Surname on Birth Certificate When Paternity Established

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In any action
			 or proceeding by the administrator to establish paternity of a child who was
			 born in Oregon, if either parent wishes to have the child's surname changed on
			 the birth certificate of the child and the other parent agrees, the
			 administrator shall so order and notify the Center for Health Statistics of the
			 Department of Human Services.
(2)
			 If the parents do not agree to change the child's name on the birth certificate
			 and either parent requests that the matter be adjudicated, the administrator
			 shall certify the matter to the appropriate Oregon circuit court pursuant to
			 ORS 25.550(6)(b). If neither parent requests that the matter be adjudicated,
			 the administrator will take no action to change the surname on the birth
			 certificate of the child.
Statutory/Other Authority: ORS
				  180.345
Statutes/Other Implemented: ORS
				  25.080
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3140 - Reopening of Paternity Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When a party claims that a man established as the father of a child is not the
			 biological father of the child, the administrator will open or reopen the issue
			 of paternity when all of the provisions of subsections (a) through (e) apply:
(a) The administrator initiated the action
			 administratively which established paternity or paternity was established by a
			 signed voluntary acknowledgment in Oregon;
(b) Parentage tests have not been
			 conducted;
(c) The order was
			 entered with the circuit court one year ago or less, or the voluntary
			 acknowledgment as described in ORS
			 432.287 was filed with the Center for Health Statistics one year ago or less;
(d) The party applying has completed and
			 returned to the administrator a request for reopening and, if required, a
			 signed application for services, prior to expiration of the one year
			 period;
(e) The administrator has
			 jurisdiction over the parties.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3200 - Pending Judicial Proceedings and Existing Support Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Whenever the
			 administrator seeks to establish or modify a support order, the administrator
			 will first check the Oregon eCourt Case Information (OECI) and the Child
			 Support case records to determine if:
(a)
			 There is any support proceeding involving the child pending in this state or
			 any other jurisdiction; or
(b)
			 There is a support order involving the child in this state or any other
			 jurisdiction, other than the support obligation the administrator seeks to
			 modify.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3220 - Establishment of Past Support Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule the following
			 definitions apply:
(a) "Past support" means
			 the amount of child support that could have been ordered based on the Oregon
			 Child Support Guidelines and accumulated as arrears against a parent for the
			 benefit of a child for any period of time during which the child was not
			 supported by the parent and for which period no support order was in
			 effect.
(b) "Supported by the
			 parent" in subsection (1)(a) of this rule means payments in cash or in kind in
			 amounts or in-kind value equal to the amount that would have accrued under the
			 Oregon Child Support Guidelines from the obligor to the obligee for purposes of
			 support of the child.
(c) "The
			 Oregon Child Support Guidelines" means the formula for calculating child
			 support specified in ORS
			 25.275.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3240 - Establishment of Arrears

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 administrator may establish arrears on support cases when the following
			 conditions have been met:
(a) Services are
			 being provided under ORS
			 25.080;
(b) Support was accruing during the period
			 for which establishment was requested;
(c) Oregon is the appropriate state to
			 determine the arrearage because:
(A) Oregon
			 has continuing, exclusive jurisdiction because either Oregon issued the order
			 and it has not been modified by another jurisdiction, or Oregon has modified
			 and assumed continuing, exclusive jurisdiction over the order; or
(B) An order from another jurisdiction has
			 been registered in Oregon, the jurisdiction with continuing, exclusive
			 jurisdiction is unable or unwilling to provide a determination of the
			 arrearages, and Oregon can obtain personal jurisdiction over the parties;
			 and
(d) The administrator
			 has no record or an incomplete accounting case record; and:
(A) There has been a request for arrears
			 establishment by a party;
(B) The
			 administrator has determined that there is a need to establish the arrears;
			 or
(C) An establishment of income
			 withholding has been requested by an obligor or obligee pursuant to ORS
			 25.381;
			 or
(e) Notwithstanding
			 any other provision of this rule, when applicable, arrears will be established
			 pursuant to ORS
			 25.015.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3260 - Correction of Mistakes in Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Clerical mistakes in final orders issued
			 by the administrator pursuant to ORS 25.501 to 25.556 and errors therein
			 arising from oversight or omission may be corrected by the administrator at any
			 time within 60 days of the issuance of the order. The corrected order must be
			 clearly marked "Corrected Order" and must contain notice to the parties of
			 appeal rights as provided by ORS 25.513.
(2) The corrected order must be served on the
			 parties by regular mail at the parties' contact addresses.
Statutory/Other Authority: ORS 25.505 & 180.345
Statutes/Other Implemented: ORS 25.501 to
				  25.556
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3280 - Administrative Law Judge Order Regarding Arrears

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a party objects to the enforcement of
			 an order under ORS 25.540 on the basis that the amount of the arrears are
			 incorrect, an administrative law judge may determine the correct amount of the
			 arrears, if any, and issue an order enforcing both the newly determined arrears
			 and the current support obligation.
(2) The amount of arrears as stated on the
			 Notice of Intent to Enforce an Order issued under ORS 25.540 will be presumed
			 to accurately state the arrears. The presumption may be rebutted by evidence of
			 errors in calculation, by a showing that payments were made for which credits
			 were not appropriately recorded, or any other evidence which demonstrates that
			 the arrears amount sought is incorrect.
(3) An administrative law judge may enter an
			 order providing for the enforcement of current support only, pending further
			 proceedings to determine the correct amount of arrears.
Statutory/Other Authority: ORS 25.505 & 180.345
Statutes/Other Implemented: ORS
				  25.540
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3290 - Entry of Contingency Orders When Child Out of Care

Current through Register Vol. 63, No. 7, July 1, 2024
Whenever a notice and finding of financial responsibility is
				issued pursuant to ORS
				25.511 for a child in the care and custody of the Oregon Department of Human Services,
				and the child leaves care or custody prior to entry of a final order, the
				administrator or an administrative law judge shall:
(1) Enter a final order, in accordance with
			 ORS
			 25.517,
			 which is contingent upon the child residing in a state financed or supported
			 residence, shelter, or other facility or institution; and
(a) If the administrator is entering the
			 final order, sign a certificate establishing the period of non-residency and
			 satisfying the order for the period of non-residency; or
(b) If an administrative law judge is
			 entering the final order, advise the administrator that the child is no longer
			 in care or custody of the Oregon Department of Human Services.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3300 - Incarcerated Obligors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule:
(a) "Correctional facility" has the
			 meaning as defined in ORS
			 162.135 and includes the
			 following:
(A) Any place used for the
			 confinement of persons charged with or convicted of a crime or otherwise
			 confined under a court order and includes but is not limited to a youth
			 correction facility;
(B) A state
			 hospital only as to persons detained therein charged with or convicted of a
			 crime or after having been found guilty of a crime except for
			 insanity.
(C) Includes any other
			 location where a person completes an alternative form of confinement while
			 still in the custody of a county, state, federal, military, or Tribal
			 correctional agency, including but not limited to transitional leave or house
			 arrest.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3360 - Entering of Administrative Orders in the Register of the Circuit Court

Current through Register Vol. 63, No. 7, July 1, 2024
An administrative order under ORS 25.501 to 25.556 must be
				entered in accordance with the requirements of this rule:
(1) If the administrative order establishes
			 support or paternity and the child is not residing in a state financed or
			 supported residence, shelter or other facility or institution (see ORS 25.517),
			 the order must be entered in the circuit court in the county in which the
			 child, or either parent of the child, resides.
(2) If the administrative order establishes
			 support or paternity and the child is residing in a state financed or supported
			 residence, shelter or other facility or institution (see ORS 25.517) or resides
			 out of state, the order must be entered in the circuit court in the county in
			 which the obligor resides.
(3)
			 Except as provided in section (4), if the administrative order is one that
			 modifies an underlying support order, the order must be entered in the circuit
			 court in the same county as the underlying support order.
(4) If there is a judicial proceeding pending
			 at the time of finalizing an administrative order establishing support or
			 paternity, the administrative order must be entered in the circuit court in the
			 same county as the pending judicial proceeding.
(5) Nothing in this rule precludes filing
			 liens in other Oregon counties pursuant to ORS
			 18.152 or transferring judgments pursuant to ORS
			 25.100 or
			 107.449.
Statutory/Other Authority: ORS 25.505 & 180.345
Statutes/Other Implemented: ORS
				  25.529
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3400 - District Attorney Case Assignment for Modification or Suspension of Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) The purpose of this rule is to provide
			 criteria for determining which Oregon District Attorney will have
			 responsibility for initiating action to review and modify an Oregon judgment,
			 or administrative order that requires payment of child support. This rule
			 applies only when both of the following conditions exist:
(A) An Oregon District Attorney has
			 responsibility for providing support enforcement services under ORS
			 25.080; and
(B) Either of the following is true:
(i) A party to the case has requested a
			 review and modification, as provided in OAR 137-055-3420, for purposes of
			 changing the amount of the monthly support obligation; or
(ii) The obligor is presumed entitled to a
			 suspension of the support obligation as a recipient of certain cash assistance,
			 as provided in ORS 25.245.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3410 - Notice and Finding of Financial Responsibility or Modification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 25.511(1)(a)
			 provides that the administrator may issue a notice and finding of financial
			 responsibility only if there is no current court order or administrative
			 support order.
(2) If there is a
			 current court order or administrative support order, the administrator must
			 issue a modification, pursuant to ORS
			 25.287,
			 ORS
			 25.527,
			 or other applicable authority in order to set or modify the ongoing support
			 obligation.
(3) "Current court
			 order or administrative support order" means that an existing support order or
			 judgment, with regard to the same parent and child:
(a) Finds that the parent's support
			 obligation for the child is zero;
(b) Finds that the parent should not be
			 ordered to pay support for the child;
(c) Orders the parent to pay ongoing support
			 or to provide medical support, pursuant to ORS
			 25.321 to
			 25.323, for the
			 child; or
(d) Has ambiguous or
			 conflicting language such that the administrator, administrative law judge, or
			 court is unable to reasonably determine as required by ORS
			 25.511(1)(a)
			 whether there is a support order.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-3420 - Periodic Review and Modification of Child Support Order Amounts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Periodic
			 Review" means a proceeding initiated under ORS
			 25.287(1) to
			 modify an existing order to comply with the child support guidelines.
(2) Except as provided in (10), the
			 administrator will initiate a periodic review if 35 months have passed since
			 the date the most recent support order took effect; and
(a) The family is currently receiving TANF;
			 or
(b) The requesting party submits
			 a written request to review or modify the order (signature is not required if
			 it can be determined who submitted the request).