reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-5120 - Child Attending School - Arrears

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule "arrears" means
			 past due support which has accrued but does not include support for the current
			 month even if the due date for that month has passed.
(2) Unless otherwise provided by a support
			 judgment, a child attending school is not a judgment creditor to the support
			 order and the provisions of this rule apply.
(3) Notwithstanding section (2), beginning
			 1/1/18, support for a child attending school that is not paid when due will
			 accrue to a child attending school account and any arrears payment received
			 will be distributed to that child, as outlined in OAR 137-055-6021.
(4)
(a)
			 When an obligee requests establishment of arrears for any time period during
			 which a child was a child attending school and services were being provided
			 under ORS
			 25.080,
			 the arrears will be established to the child's account.
(b)
(A) If
			 the child attending school is the only or last remaining child on the case, the
			 administrator will not establish arrears for any time period when services were
			 not being provided and support is only being paid for the child attending
			 school. Arrears may only accrue to the child attending school account from the
			 date the administrator begins providing child support services.
(B) Notwithstanding subsection (b)(A), the
			 administrator may establish arrears for any time period when services were not
			 being provided if the judicial order found that the child qualified as a child
			 attending school during the time period for which arrears are being
			 established.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-5220 - Satisfaction of Support Awards

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to define how the Division of Child
				Support (DCS) will credit "satisfactions of support award" in certain
				circumstances. This rule must not be construed as limiting the authority of DCS
				to approve or credit a satisfaction of support award in other lawful
				circumstances not specified in this rule.
(1) When support payment records are kept by
			 the Department of Justice, an obligee may satisfy amounts indicated on the case
			 records as past due by filing a properly-completed "satisfaction of support
			 award" form with the administrator, subject to approval by DCS under the
			 provisions of this rule; or in accordance with OAR 137-055-5240.
(2) When current support or arrears are
			 assigned to the State of Oregon or to another jurisdiction, and the obligor is
			 seeking credit for support payments not made through DCS:
(a) DCS and its attorneys have authority to
			 approve and sign satisfactions.
(b)
			 This authority may be exercised only when the obligee has signed a satisfaction
			 of support award form which acknowledges that the support payment was
			 received.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-5240 - Credit for Support Payments Not Made through the Department of Justice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with ORS 25.020, in any support case
			 where the obligor is required to pay support through the Department of Justice,
			 the administrator will not credit the obligor's support account for any payment
			 not made through the Department of Justice, except as provided in ORS
			 25.020 and this rule.
(2) The other provisions of this rule
			 notwithstanding, in any case where an order of another jurisdiction is
			 registered in Oregon under ORS Chapter 110 for enforcement only and either the
			 issuing jurisdiction or the jurisdiction in which the obligee resides has an
			 active child support accounting case open, the administrator does not have
			 authority to give credit for payments not paid through the Department of
			 Justice. In any such case, the obligor seeking credit must request credit from
			 the jurisdiction with the active child support accounting case. The
			 administrator will adjust its records to reflect credit for such payments only
			 upon receiving notification from the other jurisdiction, in a record, by phone,
			 or by court order, that specified payments will be credited.
(3) Except as provided in OAR 137-055-3240,
			 the administrator will credit the obligor's support account for payments not
			 made through the Department of Justice when:
(a) Credit for the payments would not apply
			 to support assigned to the State of Oregon or to another jurisdiction, and
(A) The obligor and obligee agree in writing
			 that specific payments were made and should be credited to support owed to the
			 obligee; or
(B) The obligor and the
			 current or former child attending school to whom arrears are owed, as defined
			 in ORS 107.108 and OAR 137-055-5110,
			 agree in writing that specific payments were made and should be credited to
			 support owed to the child.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-5400 - Obligor Receiving Cash Assistance, Presumed Unable to Pay Child Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cases for
			 obligors receiving cash assistance as specified in ORS
			 25.245 from Oregon will be identified and processed as set forth in ORS
			 25.245.
(2) Obligors receiving cash assistance as
			 specified in ORS
			 25.245 from another state or tribe must provide to the administrator written proof of
			 receipt of such cash assistance. The written proof must:
(a) Be resubmitted in a current version:
(A) Every three months thereafter if the
			 benefits received are cash payments under a Title IV-A cash assistance or
			 general assistance program of another state or tribe; or
(B) Every 12 months thereafter if the
			 benefits received are under the federal Supplemental Security Income Program;
			 and
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-5510 - Request for Credit Against Child Support Arrears for Physical Custody of Child

Current through Register Vol. 63, No. 7, July 1, 2024
The terms used in this rule have the meanings set out in OAR
				137-055-6010.
(1) In accordance with
			 ORS 25.527, the administrator may
			 allow a credit against child support arrears for periods of time during which
			 the obligor has physical custody of all children under a child support order
			 when a written request is received, and:
(a)
			 Physical custody was pursuant to a court-ordered parenting time schedule, and
			 the court order specifically states that the obligor is allowed a credit for
			 parenting time that is not already factored into the monthly child support
			 amount;
(b) Physical custody was
			 with the knowledge and consent of the obligee; or
(c) The obligor has custody of the children
			 pursuant to a court order.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-5520 - Request for Credit Against Child Support Arrears for Social Security or Veterans Benefits Paid Retroactively on Behalf of a Child

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with ORS
			 25.527 and
			 107.135,
			 the purpose of this rule is to define the process for allowing a credit against
			 child support arrears for Social Security or Veterans benefits paid
			 retroactively to the child, or to a representative payee administering the
			 funds for the child's use and benefit.
(2) A request for credit against arrears
			 under this rule may be for:
(a) A lump sum;
			 or
(b) Monthly amounts which, when
			 added together, equal a lump sum.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-6010 - Definitions for Distribution and Disbursement

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR 137-055-6020  through 137-055-6024, the
				following definitions apply:
(1)
			 "Assistance" means cash assistance under Temporary Assistance for Needy
			 Families (TANF) program, or foster care maintenance payments provided by the
			 Oregon Department of Human Services (ODHS).
(2) "Current support" means the monthly
			 support amount ordered by a court or administrative process for the benefit of
			 a child or a former spouse.
(3)
			 "Electronic funds transfer (EFT)" and "Electronic data interchange (EDI)" means
			 the movement of funds and information by non-paper means, usually through a
			 payment system including, but not limited to, an automated clearing house
			 (ACH), the Federal Reserve's Fedwire system, magnetic tape, direct deposit, or
			 stored value card.
(4)
(a) "Family's conditionally assigned arrears"
			 means arrears that accrued during non-assistance periods that were not
			 permanently assigned under pre-October 1997 assignments, and were temporarily
			 assigned to the state during an assistance period and conditionally reassigned
			 back to the family on the latter of the following:
(A) October 1, 2000, if the family terminated
			 assistance prior to that date;
(B)
			 The date the family left the assistance program if on or after October 1, 2000,
			 and before conversion to the Origin automated child support system;
			 or
(C) Upon conversion to the
			 Origin automated child support system.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-6020 - Disbursement by Electronic Funds Transfer/Electronic Data Interchange

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 the definitions found in OAR 137-055-5110  and OAR 137-055-6010, the following
			 terms have the meanings given below:
(a)
			 "Individual" includes but is not limited to: a judgment creditor, obligee,
			 caretaker, child attending school, or adult child.
(b) "Other entities" includes but is not
			 limited to other state IV-D agencies.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-6021 - Allocation, Distribution, and Disbursement: General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of Justice will disburse
			 support payments within two business days after receipt if sufficient
			 information identifying the payee is provided, except:
(a) Support payments received from tax refund
			 intercepts will be allocated, and, as appropriate, distributed and disbursed
			 within 30 calendar days of receipt or, if applicable, within 15 calendar days
			 of an administrative review or hearing. If the state is notified by the
			 Secretary of the U.S. Treasury (the Secretary) or the Oregon Department of
			 Revenue that an offset on a non-assistance case is from a refund based on a
			 joint return, distribution or disbursement may be delayed, up to a maximum of
			 six months, until notified by the Secretary or the Department of Revenue that
			 the obligor's spouse has been paid their share of the refund;
(b) Support payments received from a
			 garnishment will be disbursed as provided in OAR 137-055-4520;
(c) Support payments for future support, or
			 any excess funds after arrears are paid in full, will be processed as provided
			 in OAR 137-055-6260;
(d) Support
			 payments for less than $5:
(A) May be delayed
			 until a future payment is received which increases the payment amount due the
			 family to at least $5; or
(B) Will
			 be retained by the Department if case circumstances are such that there is no
			 possibility of a future payment, unless the obligee:
(i) Has direct deposit;
(ii) Receives ReliaCard payments;
			 or
(iii) Requests issuance of a
			 check, if the obligee does not have direct deposit or has an exemption from
			 receiving ReliaCard payments.
(e) When an obligor contests an order to
			 withhold, funds will be disbursed pursuant to OAR 137-055-4160(5).
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-6022 - Distribution and Disbursement

Current through Register Vol. 63, No. 7, July 1, 2024
The terms used in this rule have the meanings set out in OAR
				137-055-1020  and 137-055-6010.
(1)
			 Except as provided in OAR 137-055-6021, 137-055-6023, 137-055-6024, and section
			 (2) of this rule, the Oregon Department of Justice (the Department) will
			 distribute and, as appropriate, disburse support payments received on behalf of
			 a family with a child or children in foster care, or while a family is
			 receiving TANF cash payments in Oregon, in the following sequence:
(a) To the state, in priority of child
			 support first, cash medical support second, and spousal support third, in the
			 following sequence:
(A) Current
			 support;
(B) Permanently assigned
			 arrears principal; and
(C)
			 Permanently assigned arrears interest.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-6023 - Exceptions to Allocation, Distribution, and Disbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding OAR 137-055-6024, the
			 Department may allocate support payments to multiple cases as directed when the
			 obligor or a responding jurisdiction designates in writing the amounts to be
			 allocated to each case if the designation is made at the time of
			 payment.
(2) Notwithstanding OAR
			 137-055-6024, the Department will allocate support payments to fewer than all
			 cases, rather than proportionately, when:
(a)
			 The obligor designates in writing a specific case, or cases, for which payment
			 is to be applied;
(b) The support
			 payment resulted from a garnishment, issued pursuant to ORS chapter 18, on
			 fewer than all cases;
(c) The
			 support payment resulted from the sale or disposition of a specific piece of
			 property against which a court awarded a specific obligee a judgment lien for
			 child support; or
(d) The obligor
			 agrees to the release of a bond directed to a specific case, or cases, in
			 response to a judicial order.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-6024 - Allocation of Collections to Multiple Cases

Current through Register Vol. 63, No. 7, July 1, 2024
The terms used in this rule have the meanings set out in OAR
				137-055-1020  and 137-055-6010.
(1)
			 Except as provided in OAR 137-055-6023  and this rule, when an obligor has
			 multiple support cases, the distribution and disbursement sequence, as needed
			 for each case, will be as provided in OAR 137-055-6022.
(2) When a withholder remits a payment for an
			 obligor against whom more than one income withholding order has been issued,
			 the Department will allocate and distribute the amount as follows:
(a) To current support on all cases for which
			 the withholding was made. Any remaining amount, after current support is paid
			 in full on all cases, will be allocated and distributed to the arrears on all
			 withholding cases as provided in subsection (2)(b) of this rule. If the payment
			 is not sufficient to pay each type of current support due on each case, the
			 payment will be allocated to each case based on each case's pro rata share of
			 each type of current support remaining due in the following priority: current
			 cash child support first, then current cash medical support, then current
			 spousal support. Pro rata shares for a particular type of support will be
			 determined by dividing the amount of that type of current support remaining due
			 on the case by the total combined amount of that type of support remaining due
			 on all the obligor's support cases to which the proceeds of the order to
			 withhold will be applied, and then multiplying the resulting percentage by the
			 total amount withheld.
(b) To
			 arrears on each withholding case based on each case's pro rata share of
			 arrears, determined by dividing the amount of arrears owed on the case by the
			 total combined amount of arrears remaining owed on all the obligor's support
			 cases, and then multiplying the resulting percentage by the total amount
			 available for distribution to arrears. However, no case may receive more than
			 the total amount of current support and arrears owed on that case at the time
			 this distribution and disbursement is made. Any remaining funds will be
			 allocated pro rata to the obligor's other cases.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-6025 - Distribution of Support Payments to Private Collection Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule, the following definitions apply:
(a) "Collection agency" means a collection
			 agency as defined by ORS
			 697.005;
(b) "Enforcement action" means any action
			 taken by a collection agency to ensure payment of support by an obligor,
			 including but not limited to contact for the purposes of discussing payments by
			 the collection agency in person or through mail, e-mail or telephone with the
			 obligor, members of the obligor's household or the obligor's employer.
			 "Enforcement action" does not mean investigative and locate services provided
			 by a collection agency.
(c)
			 "Legally entitled to" means support payments which the Division of Child
			 Support (DCS) is required to disburse to the obligee pursuant to OAR
			 137-055-6010, but does not include support payments that DCS is required to
			 disburse to the child attending school pursuant to ORS
			 107.108 and OAR
			 137-055-5110.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-6026 - Payment Holds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 of Justice may hold some or all of a payment received from or on behalf of an
			 obligor when an action is pending to modify, terminate, satisfy, vacate, or set
			 aside an order and completion of the action is likely to create an overpayment
			 of the entire support case or one or more accounts within the support
			 case.
(2) Any portion of a payment
			 held under this rule may be released, refunded, reallocated, or redistributed
			 upon resolution of the pending action.
(3) When the first payment during a pending
			 action is held under this rule, the administrator will send written notice to
			 all parties on the case where payments are being held.
(4) The notice will advise the parties that
			 they may object on the basis that they believe the account balances are
			 incorrect and they would not be overpaid.
(5) The Division of Child Support will
			 conduct an administrative review within 30 days of receiving the written
			 request and will send written notification of the results of the review to the
			 parties.
(6) The parties may appeal
			 the administrator's decision to hold payments as provided in ORS
			 183.484.
Statutory/Other Authority: ORS
				  25.125,
				  25.241  & 180.345
Statutes/Other Implemented: ORS
				  25.241
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-6040 - Right to Hearing to Contest Amount of Assigned Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A party who wants to contest the amount
			 of support that the Division of Child Support (DCS) claims is assigned to the
			 state on the party's child support case may do so by filing a written objection
			 with DCS.
(2) Upon receiving a
			 written objection, DCS will conduct an administrative review of the case to
			 verify the correct amount of support claimed as assigned and will make any
			 necessary corrections or adjustments to this amount as determined in the
			 review.
(a) DCS will complete its review and
			 make a determination within 45 days from the date of receiving the written
			 objection.
(b) DCS will notify the
			 parties, in writing, of this determination and of the right to contest the
			 determination before an administrative law judge. The party must request such
			 hearing in writing within 30 days of the date that DCS sends the written notice
			 of its determination.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-6120 - Satisfaction of Arrears for Less Than Full Payment

Current through Register Vol. 63, No. 7, July 1, 2024
The Division of Child Support (DCS) may satisfy all or any
				portion of child support arrears that are assigned to the State of Oregon or to
				any other jurisdiction, subject to the following:
(1) DCS may satisfy all or any portion of
			 assigned arrears only if one or more of the following circumstances apply:
(a) The arrears are a substantial hardship to
			 the paying parent or that parent's household; or
(b) A compromise of amounts owing will result
			 in greater collection on the case, considering the maximum amount that DCS
			 could reasonably expect to collect from the obligor if no compromise was made
			 and the probable costs of collecting that maximum amount; or
(c) The obligor has entered into an agreement
			 with DCS to take steps to:
(A) Enhance the
			 obligor's ability to pay child support; or
(B) Enhance the obligor's relationship with
			 the child or children for whom the obligor owes the arrears.
(d) An error or legal defect has
			 occurred that indicates a reduction may be appropriate.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-6200 - Adjusting Case Arrears

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to set out what the administrator
				will do when an adjustment to the case arrears is needed due to one of the
				following: an error is identified, a negative offset is received on a closed
				case, or the Division of Child Support does not have a complete pay record but
				needs to reconcile arrears between multiple Oregon orders.
(1) If the adjustment is needed for the
			 current billing cycle, the administrator will adjust the arrears on the case
			 record without notice to the parties.
(2) If the adjustment is needed for a
			 timeframe prior to the current billing cycle, the administrator will adjust the
			 arrears on the case record and send a notice to the parties advising of:
(a) The change in the case arrears;
			 and
(b) The right to, within 30
			 days of the date of the notice from DCS, submit a written request for an
			 administrative review to determine if DCS's record-keeping and accounting
			 related to the adjustment of arrears is correct.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-6220 - Recovery of Overpayments and Collection of Receivable Accounts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 the definitions in OAR 137-055-6010, for the purpose of collecting overpayments
			 pursuant to ORS
			 25.125,
			 the following definitions apply:
(a)
			 "Advanced payment" means arrears owed to a person who receives support that
			 were reassigned to the state as reimbursement for funds paid to that person
			 before March 1, 2019, but which they were not entitled to keep.
(b) "Receivable" means a non-child support
			 debt owed to the State of Oregon.
(c) "Recoupment" means collecting a
			 receivable owed to the State of Oregon by retaining all or a portion of future
			 child support payments.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-6240 - Dishonored Payments on Support Accounts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the Department of Justice
			 (Department) receives payments from an obligor, withholder, or another issuer
			 on behalf of the obligor, and two payments from the same source have been
			 dishonored, the Department will hold future payments from that source until
			 notification is received that the payment has cleared the issuer's financial
			 institution, or for the following periods, whichever occurs first:
(a) For 18 working days, if the payment was
			 made by paper check; or
(b) For 15
			 working days, if the payment was made electronically.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-6260 - Return of Payments to Obligor or Other Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the Department of Justice receives a support payment directed to an
			 account for which no current order exists for ongoing support, the Department
			 will apply the payment to any arrears the obligor may owe on the account. If
			 any excess funds remain from the payment after any arrears are paid in full and
			 the Department has not forwarded the excess amount to the payee, the Department
			 will return the excess amount to the obligor.
(2) On any account for which an ongoing
			 support obligation has been entered into the child support automated system,
			 and the Department receives a payment that exceeds the total amount due for
			 current support and arrears and has not forwarded the excess amount to the
			 payee, the Department will return the excess amount to the obligor within 30
			 days of its discovery, except in the following situations:
(a) The excess amount results from a
			 voluntary payment by the obligor;
(b) The excess amount is from a payment
			 pursuant to an income withholding order for an employee who is paid weekly or
			 biweekly and the excess amount is for a month with an extra pay
			 period;
(c) Arrears that are due
			 under the order are in the process of being added as provided in ORS
			 25.015 or established as
			 provided in ORS 25.167 or
			 25.540; or
(d) The obligor elects to treat the excess
			 payment as future support as provided in subsection (8) of this rule.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-6280 - Refund of Improper Tax Refund Collection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Whenever a federal or Oregon tax refund
			 owed to a support obligor has been withheld to pay support arrears and that
			 withholding was made in error or overcollects the amount owed, the Division of
			 Child Support (DCS) shall refund the amount withheld in error or
			 overcollected.
(2) DCS may
			 authorize the amount withheld, or any part thereof, to be refunded to the
			 obligor by means of an advance payment from its administrative account. Such
			 advance payment shall be made:
(a)
			 Immediately when the amount withheld by the taxing agency was improperly
			 withheld as a result of an error by the administrator, and the obligor provides
			 a copy of the notice that the tax refund was being withheld; or
(b) The child support arrears certified for
			 purposes of tax refund intercept no longer exist or are less than the amount
			 withheld from the tax refund; and
(c) Thirty (30) days have elapsed since the
			 date of the notice to the obligor that the tax refund was being withheld and
			 DCS has not received the obligor's tax refund from the taxing agency;
			 and
(d) The obligor provides a copy
			 of that notice to the administrator.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-7020 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  180.345
Stats. Implemented: ORS
				  25.729,
				  110.303 -
				  110.452
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-7040 - Central Registry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The central
			 registry required by
			 45 CFR
			 303.7 is established within the Department of
			 Justice, Division of Child Support. It is responsible for receiving,
			 distributing and responding to inquiries on all incoming intergovernmental
			 requests.
(2) Within ten working
			 days of receipt of a request from an initiating agency or other petitioner, the
			 central registry will:
(a) Review the
			 documentation submitted with the request to determine completeness;
(b) Forward the request for necessary action
			 either to the State Parent Locator Service for location services or to the
			 administrator for processing;
(c)
			 Acknowledge receipt of the request and ask the initiating agency or other
			 petitioner to provide any missing documentation; and
(d) Inform the initiating agency or other
			 petitioner where the request has been sent for action.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-7060 - Initiating Jurisdiction Responsibilities - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 administrator will use a one-state process, when appropriate, to establish,
			 enforce, or modify a support order, or to determine parentage.
(2) The administrator will determine:
(a) Whether one order exists or multiple
			 orders exist for the same child and obligor;
(b) If there are multiple orders, which
			 jurisdiction should complete a controlling order determination; and
(c) Whether a one-state process is
			 appropriate.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-7100 - Interstate Income Withholding

Current through Register Vol. 63, No. 7, July 1, 2024
The administrator may send direct income withholding to an
				employer located in another state, and must ensure that the obligor is given
				the notice required by ORS 25.399. If the obligor files a written contest to
				the income withholding order in the employer's state, the administrator may
				dismiss the direct income withholding order and initiate an intergovernmental
				request for registration and enforcement.
Stat. Auth.: ORS 180.345
Stats. Implemented: ORS 25.729 & Sec. 1 - 80, Ch. 298, OL
				  2015
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-7120 - Responding Jurisdiction Responsibilities - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 75
			 calendar days of receipt of an Intergovernmental Child Support Enforcement
			 Transmittal Form, a UIFSA Action Request Form or other form and documentation
			 from the Oregon central registry, the administrator will:
(a) Provide location services in accordance
			 with
			 45 CFR
			 303.3 if appropriate;
(b) If unable to proceed with the case
			 because of inadequate documentation, request any necessary additions or
			 corrections;
(c) If the
			 documentation received with a case is inadequate, process the case to the
			 extent possible pending response from the initiating agency.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-7140 - Oregon as Responding Jurisdiction - Establishing Paternity; Establishing, Enforcing, and Modifying Support

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The registering tribunal under ORS chapter 110, the Uniform Interstate Family
			 Support Act, is the circuit court of Oregon. This designation does not preclude
			 action by other tribunals.
(2) The
			 administrator will establish paternity and establish, enforce, and modify
			 support in intergovernmental actions under the laws and rules applicable to
			 Oregon actions generally, including but not limited to the applicable
			 provisions of ORS chapters 18, 25, 107, 109, 110, 180, 183, 418, 419B, 419C,
			 & 432.
Statutory/Other Authority: ORS
				  180.345
Statutes/Other Implemented: ORS
				  25.729  & 110.500 - 110.677
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-7160 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  180.345
Stats. Implemented: ORS
				  25.729,
				  110.303 -
				  110.452
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-7180 - Determining Controlling Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The administrator will determine a single controlling order when:
(a) Services are being provided under ORS
			 25.080 and two or more child support orders have been issued regarding the same
			 obligor, child and obligee; or
(b)
			 A party or other jurisdiction requests a determination.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-7190 - Review and Modification In Intergovernmental Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 15 days of a party's request for a
			 periodic review or a request for a modification based upon a change of
			 circumstances, the administrator will determine in which jurisdiction the
			 review will be sought. The administrator will follow the Uniform Interstate
			 Family Support Act (UIFSA) provisions in ORS Chapter 110 in making this
			 decision, including:
(a) If the controlling
			 order is an Oregon support order and at the time of the request one of the
			 parties or the child resides in this state, Oregon retains continuing,
			 exclusive jurisdiction and will review and, if appropriate, modify the order
			 unless the parties have consented in a record to modification in another
			 jurisdiction pursuant to ORS
			 110.527.
(b) If the controlling order is an Oregon
			 support order, one of the parties resides in another state, and the other party
			 resides outside the United States, Oregon will review and, if appropriate,
			 modify the order pursuant to ORS
			 110.632.
(c) If Oregon does not have the controlling
			 order but all the parties have filed consents in a record in the jurisdiction
			 which has the controlling order for Oregon to modify the order, Oregon will
			 review and, if appropriate, modify the order.
(d) If an order has been registered for
			 enforcement in Oregon and none of the parties or the child resides in the
			 jurisdiction which issued the order, the jurisdiction where the non-requesting
			 party resides will do the review.
(e) If a foreign country lacks or refuses to
			 exercise jurisdiction to modify its child support order and Oregon has personal
			 jurisdiction over all parties, Oregon may assume jurisdiction to modify the
			 order pursuant to ORS
			 110.639.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0100 - Notice of Garnishment - County Tax

Current through Register Vol. 63, No. 7, July 1, 2024
The garnishment forms set forth in OAR 137-060-0110  to
				137-060-0160  are provided for use by county tax collectors issuing a notice of
				garnishment pursuant to ORS
				18.854 and ORS
				18.857.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385, ORS
				  18.600-18.850, ORS
				  18.854 & ORS
				  18.857
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0110 - County Tax - Notice of Garnishment Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385, ORS
				  18.600 - 18.850, ORS
				  18.854 & ORS
				  18.857
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0120 - County Tax - Garnishee Response Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385, ORS
				  18.600 - 18.850, ORS
				  18.854 & ORS
				  18.857
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0130 - County Tax - Instructions to Garnishee Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385, ORS
				  18.600 - 18.850, ORS
				  18.854 & ORS
				  18.857
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0140 - County Tax - Challenge to Garnishment Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385, ORS
				  18.600-18.850, ORS
				  18.854 & ORS
				  18.857
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0150 - County Tax - Notice of Exempt Property Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385, ORS
				  18.600 - 18.850, ORS
				  18.854 & ORS
				  18.857
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0160 - County Tax - Wage Exemption Calculation Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385, ORS
				  18.600 - 18.850, ORS
				  18.854 & ORS
				  18.857
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0200 - Notice of Garnishment - State Tax

Current through Register Vol. 63, No. 7, July 1, 2024
The garnishment forms set forth in OAR 137-060-0210  to
				137-060-0260  are provided for use by state agencies issuing a notice of
				garnishment pursuant to ORS
				18.854 and ORS
				18.855 for the collection of a
				state tax.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600 -
				  18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0210 - State Tax - Notice of Garnishment Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600 -
				  18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0220 - State Tax - Garnishee Response Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600 -
				  18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0230 - State Tax - Instructions to Garnishee Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600 -
				  18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0240 - State Tax - Challenge to Garnishment Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600-18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0250 - State Tax - Notice of Exempt Property Form

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are not included in rule text.
Click here for PDF copy of
				  form(s) .
Stat. Auth.: ORS
				  18.854(8)
Stats. Implemented: ORS
				  18.375,
				  18.385 &
				  18.600 -
				  18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0260 - State Tax - Wage Exemption Calculation Form

Current through Register Vol. 63, No. 7, July 1, 2024
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  18.854(8)
Stats. Implemented: ORS
				  18.375,
				  18.385,
				  18.600-18.850,
				  18.854,
				  18.857, OL 2003, Ch. 496
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0300 - Notice of Garnishment - Debts Other than State Tax

Current through Register Vol. 63, No. 7, July 1, 2024
The garnishment forms set forth in OAR 137-060-0310  to
				137-060-0360  are provided for use by state agencies issuing a notice of
				garnishment pursuant to ORS
				18.854 and ORS
				18.855 for collection of debts
				other than state tax.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600-18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0310 - Debts other than State Tax - Notice of Garnishment Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600 -
				  18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0320 - Debts other than State Tax - Garnishee Response Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.900(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600 -
				  18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0330 - Debts other than State Tax - Instructions to Garnishee Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600 -
				  18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0340 - Debts other than State Tax - Challenge to Garnishment Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600-18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0350 - Debts other than State Tax - Notice of Exempt of Property Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600 -
				  18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0360 - Debts other than State Tax - Wage Exemption Calculation Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600-18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0400 - Notice of Garnishment - Special Notice

Current through Register Vol. 63, No. 7, July 1, 2024
The garnishment forms set forth in OAR 137-060-0410  to
				137-060-0450  are provided for use by state agencies issuing a special notice of
				garnishment pursuant to ORS
				18.854 and ORS
				18.855(6) and
				(7).
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600-18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0410 - Special Notice of Garnishment - Notice of Garnishment Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600 -
				  18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0420 - Special Notice of Garnishment - Garnishee Response Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600 -
				  18.855