Oregon Administrative Code

137-055-1140 Confidentiality of Records in the Oregon Child Support Program (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…

137-055-1160 Confidentiality — Finding of Risk and Order for Nondisclosure of Information (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 clai…

137-055-1200 Use of Social Security Number by the Child Support Program (1) Under the provisions of 42 USC 405(c)(2)(C), individuals who are affected by the Oregon Child Support Program will be required to provide their Social Security numbers to the administrator. (2) Social Sec…

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 (1) For the purposes of this rule and OAR 137-055-1360, the following definitions apply: (a) "FPLS" me…

137-055-1360 Access to FPLS for Parental Kidnapping, Child Custody or Visitation Purposes (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 vis…

137-055-1500 Incentive Payments (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 s…

137-055-1600 Oregon Child Support Program Participant Grievance (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…

137-055-1700 Division of Child Support as Garnishee — Service of Writ 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 de…

137-055-1800 Limited English Proficiency 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…

137-055-2020 Case Assignment (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 rece…

137-055-2045 Spousal Support (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” mea…

137-055-2060 Cases with Contradictory Purposes (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 Oregon Ch…

137-055-2080 Office Responsible for Providing Services when Conflict of Interest (1) The Oregon Child Support Program 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 c…

137-055-2100 Process Service (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 …

137-055-2120 Rules for Contested Case Hearings in the Oregon Child Support Program Contested case hearings for the Oregon 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 throu…

137-055-2140 Delegations to Administrative Law Judge 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 describ…

137-055-2160 Requests for Hearing (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 wi…

137-055-2165 Requests to Reschedule Hearing (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) Wh…

137-055-2170 Use of Lay Representatives at Administrative Hearings (1) As used in this rule “lay representative” means a representative of the Oregon Child Support Program who is not employed as an attorney. (2) Subject to the approval of the Attorney General, lay representatives…

137-055-2180 Reconsideration and Rehearing 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 t…

137-055-2320 Requirement for Services — Obligor Bankruptcy Situations (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 r…

137-055-2340 Obligor Bankruptcy Situations in General (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 …

137-055-2360 Obligor Chapter 7 and Chapter 11 Bankruptcy Situations This rule details the Oregon 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 …

137-055-2380 Obligor Chapter 12 and Chapter 13 Bankruptcy Situations This rule details the Oregon 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 bankruptcie…

137-055-3020 Parentage Establishment Procedures (1) When a case involves a child who is not yet born, the administrator will take no action to establish parentage or to provide locate services until such time as the child is born. (2)(a) When initiating legal proceedings to estab…

137-055-3040 Temporary Order for Support (1) When a party to an order to establish parentage objects to the entry of such order, and genetic testing results in a probability of parentage of at least 99% and a combined relationship index of 100 to 1, the administrator may request …

137-055-3060 Establishing Paternity in Multiple Alleged Genetic Parent Cases (1) Except as provided in OAR 137-055-3020(5) and (6), in any action to establish parentage initiated under ORS 25.501 to 25.556, when the person who gave birth to the child for whom parentage is being e…

137-055-3080 Responsibility of Administrator to Establish Parentage at Request of Self-Alleged Genetic Parent (1) For purposes of this rule, self-alleged genetic parent means an individual who both: (a) Claims that they are, or possibly are, the genetic parent of a child born out…

137-055-3100 Order Establishing Parentage When Genetic Testing Is Not Completed (1) In an action to establish parentage initiated pursuant to ORS 25.511, the Oregon Child Support Program may serve simultaneously the proposed order establishing parentage and an administrative orde…

137-055-3120 Changing Child's Surname on Birth Record When Parentage Established (1) In any action or proceeding by the administrator to establish parentage of a child who was born in Oregon, if either parent wishes to have the child’s surname changed on the child’s birth record …

137-055-3140 Reopening of Parentage Cases (1) When a party claims that a person established as the parent of a child is not the biological parent of the child, the administrator will open or reopen the issue of parentage when all of the provisions of subsections (a) through (e) a…

137-055-3200 Pending Judicial Proceedings and Existing Support Orders (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) …

137-055-3220 Establishment of Past Support Orders (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 pa…

137-055-3240 Establishment of Arrears (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) …

137-055-3260 Correction of Mistakes in Orders (1) Clerical mistakes in final orders or money awards 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 …

137-055-3280 Administrative Law Judge Order Regarding Arrears (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…

137-055-3290 Entry of Contingency Orders When Child Out of Care Whenever a proposed child support order 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 …

137-055-3300 Incarcerated Obligors (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…

137-055-3360 Entering of Administrative Orders in the Register of the Circuit Court 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 parentage and the child …

137-055-3400 District Attorney Case Assignment for Modification or Suspension of Support (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, o…

137-055-3410 Order Establishing Support or Modification (1) ORS 25.511(1)(a) provides that the administrator may issue a proposed child support order if there is no current court order or administrative support order. (2) If there is a current court order or administrative suppor…

137-055-3420 Periodic Review and Modification of Child Support Order Amounts (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 init…

137-055-3430 Substantial Change in Circumstance Modification of Child Support Order Amounts (1) For purposes of this rule: “Substantial compliance” means that the difference between the existing support order and the amount calculated using current guidelines is not greater than …

137-055-3435 Physical Custody Changes: Adjusting Orders (1) This rule applies when physical custody of a child changes as described in ORS 25.525. For purposes of this rule, “non-custodial” party means the party without physical custody of the minor child. (2) The provisions of t…

137-055-3440 Effective Date of Modification Under ORS 25.527 (1) In any proceeding to modify a support order under ORS 25.527, the modification shall take effect as of the first day of any month following service of the original motion to modify the judgment on the last non-reque…

137-055-3460 Processing Legal Actions When Unable to Find the Obligee (1) Even if the obligee cannot be located, the administrator may still proceed with certain legal actions, including but not limited to: (a) a modification of a support order to zero pursuant to OAR 137-055-348…

137-055-3480 Modification of a Support Order to Zero or Termination of a Support Order (1) The administrator may, upon its own initiative, or upon the request of a party modify a child support obligation to zero when: (a) No minor children for whom support was ordered are current…

137-055-3485 Establishment or Modification for a Child Who Is Approaching or Has Reached 18 Years of Age (1) For purposes of this rule, “support” includes past support, current support, and support for the time a child is expected to be a child attending school pursuant to ORS 10…

137-055-3490 Suspension of Enforcement (1) For purposes of this rule, “credit balance” means that payments received pursuant to a child support order exceed the amount of arrears and current support that has accrued under the order as reflected in the administrator’s accounting r…

137-055-3495 Redirection of Support (1) “Redirect” or “redirection of support” means: (a) The process of distributing support that would otherwise be paid to the judgment creditor to a person who has physical custody of one or more minor children covered by a child support order;…