Oregon Administrative Code

137-055-3500 Joinder of a New Party to a Child Support Proceeding (1) In any proceeding under ORS 25.501 to 25.556 to modify a child support obligation or to redirect support, any party may join any other person who has physical custody of a child in the proceeding. (2) Before a …

137-055-3620 Administrative Subpoena (1) The administrator and child support programs of other states that provide services pursuant to Title IV-D of the Social Security Act may issue administrative subpoenas pursuant to ORS 25.082. (2) Subpoenas issued by the administrator and c…

137-055-3640 Enforcement of a Subpoena by License Suspension (1) For the purposes of this rule the following definitions apply: (a) "License" means any of the licenses, certificates, permits or registrations that a person is required by state law to possess in order to engage in …

137-055-3660 Multiple Child Support Judgments (1) For purposes of this rule, “multiple child support judgments” mean two or more judgments or orders issued by a court, or filed under ORS 25.529, that provide for past or current child support, including medical support, involving …

137-055-3665 Multiple Child Support Judgments — Multiple Obligees (1) For the purposes of this rule, the provisions of OAR 137-055-3660 will apply to cases with multiple child support judgments, with the following exceptions: (a) When the administrator finds that two or more chil…

137-055-4040 New Hire Reporting Requirements (1) Employers with employees or independent contractors, as described in ORS 25.790(4), who work only in this state or who have designated Oregon as their reporting state with the United States Secretary of Health and Human Services mu…

137-055-4060 Income Withholding — General Provisions, Requirements and Definitions (1) OARs 137-055-4060 to 137-055-4080 provide for collection of support by means of income withholding, in accordance with ORS 25.372 to ORS 25.427 and all other applicable Oregon law, on all suppo…

137-055-4080 Exception to Income Withholding (1) An exception to income withholding may be granted in any case as set out in ORS 25.396. (2) The administrator may allow payment by electronic funds transfer (EFT) as an exception to income withholding if: (a) The obligee consents t…

137-055-4130 Reduced Income Withholding (1) The administrator will set an amount less than the amount prescribed by ORS 25.414 to be withheld if withholding is only for arrears and the obligor demonstrates the withholding is prejudicial to the obligor’s ability to provide for: (a…

137-055-4160 Contested Income Withholding (1) The only basis for contesting an order to withhold is a mistake of fact. A mistake of fact means either: (a) An error in the amount due for current support or for arrears; (b) An error in the identity of the obligor; or (c) The order …

137-055-4210 Withholder Penalties (1) Notwithstanding the provisions of ORS 25.424, the provisions of this rule apply to a party’s request to bring an action to recover amounts pursuant to ORS 25.424, when a withholder has failed to properly withhold or pay. (2) A party’s request…

137-055-4300 Support Enforcement by Methods Other than Income Withholding (1) Income withholding, pursuant to OAR 137-055-4060 through 137-055-4180, will be the preferred method that the administrator will use to collect current and past-due support. (2) If payment is not receive…

137-055-4320 Collection of Delinquent Support Obligations Through the Oregon Department of Revenue (1) The administrator may claim Oregon tax refunds otherwise due to be paid to an obligor, to collect: (a) Support arrears; (b) Unpaid award amounts from any judgment entered agains…

137-055-4340 Collection of Delinquent Support Obligations Through the U.S. Secretary of the Treasury (1) The administrator of the Department of Justice Division of Child Support may claim federal tax refunds and administrative offset of other payments from the federal government …

137-055-4420 License Suspension for Child Support (1) For the purposes of this rule, “license” means any of the licenses, certificates, permits, or registrations that a person is required by state law to possess in order to engage in an occupation or profession, all annual licens…

137-055-4440 Liens Against Personal and Real Property (1) A judgment for support constitutes a lien on real and personal property as provided for in Oregon law. (2) Whenever there is a judgment for unpaid support and the administrator learns that an obligor has assets, then the a…

137-055-4450 Expiration and Release of Judgment Liens (1) When a judgment of the court or administrative order containing a money or support award is filed with the court administrator, it creates a judgment lien on all property owned by the obligor in the county where it is file…

137-055-4455 Expiration of Support Judgment Remedies (1) Judgment remedies for the child support award portion of a judgment, and any lump sum money award for unpaid child support installments, expire 35 years after the entry of the judgment that first establishes the support obl…

137-055-4460 Posting Security Bond or Other Guarantee of Payment of Overdue Support (1) Whenever there is a judgment for unpaid support, the administrator may ask the court to require the obligor to post security, bond, or some other guarantee to secure payment of the overdue sup…

137-055-4500 Financial Institution Data Match — Reasonable Fee (1) This rule defines "reasonable fees" which the Oregon Child Support Program will pay to financial institutions for implementing and conducting computerized data matches under ORS 25.640 through 25.646. Appropriatio…

137-055-4510 Financial Institution Data Matches – Insurance Claims (1) Insurance companies can satisfy the requirements of ORS 25.643 to conduct data matches for pending insurance claims by: (a) Entering into agreements with the Oregon Department of Justice to develop and operate…

137-055-4520 Garnishment (1) The administrator may utilize garnishment proceedings in accordance with ORS chapter 18 for the purpose of collecting past due support. (2)(a) When the administrator receives a collection from a garnishment proceeding, the administrator will hold the …

137-055-4540 Passport Denial and Release (1) When the administrator submits delinquent child support accounts for administrative offset pursuant to OAR 137-055-4340, the federal Office of Child Support Enforcement (OCSE) will select individual obligors with a total delinquency in…

137-055-4560 Consumer Credit Reporting Agencies (1) Pursuant to ORS 25.650, the Department of Justice shall report to consumer reporting agencies the name and child support arrears balance of any obligor whose case is delinquent as described in this rule. The Department will repo…

137-055-4620 Enforcing Health Care Coverage and Cash Medical Support (1) If services are being provided pursuant to ORS 25.080 and private health care coverage is ordered the administrator will issue a medical support notice to enforce orders for health care coverage within two b…

137-055-4640 Medical Support Notice — Plan Selection For the purposes of this rule, the definitions found in ORS 25.321 and OAR 137-050-0750 apply. (1) When a medical support notice has been served and the providing party as defined in ORS 25.321 is not enrolled in a health benef…

137-055-5025 Payment of Child Support to an Escrow Agent (1) If current or past support is not assigned to the State of Oregon or another state, the parties may elect for support payments to be made to an escrow agent licensed under ORS 696.511 to accept and disburse support paym…

137-055-5030 Receipting of Support Payments (1) For purposes of this rule, “receipt” means to officially acknowledge and credit a payment to an account. (2) For purposes of this rule, “authorized representative” means an employee of the Division of Child Support, employees of a D…

137-055-5035 Payment by Electronic Funds Transfer (1) As used in this rule: (a) “Electronic Funds Transfer” (EFT) means the movement of funds by nonpaper means, usually through a payment system including, but not limited to, an automated clearinghouse or the Federal Reserve’s Fed…

137-055-5040 Accrual and Due Dates (1) As used in this rule, “payment due date” means the due date or beginning pay date of an installment of support or, if no such date is listed, the date the judgment states it is effective. (2) For any judgment requiring the payment in install…

137-055-5045 Inconsistent Provisions: Body of Order and Support or Money Award (1) If the administrator discovers the monetary support provisions in the body of an administrative order or judgment document are inconsistent with the support or money award (hereinafter “award”), th…

137-055-5060 Billings for Support Payments (1) Except as provided in subsections (3)(a) and (b) of this rule, when a case with a support order is activated in the automated child support system, the Division of Child Support will send notice to the parties of the requirement to p…

137-055-5080 Adding Interest (1) The administrator will not establish interest on support arrears. (2) For enforcement purposes, the administrator will: (a) Add interest to a case balance if a specific amount has been established in a judgment or order entered by a court; (b) Add…

137-055-5110 Child Attending School The purpose of this rule is to provide additional information as to how the Oregon Child Support Program will apply the provisions of ORS 107.108 when the order or modification provides for support until the child is age 21, so long as the chil…

137-055-5120 Child Attending School — Arrears (1) For purposes of this rule, "arrears" means past-due support that 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…

137-055-5220 Satisfaction of Support Awards The purpose of this rule is to define how the Oregon Child Support Program, administered by the Oregon Department of Justice, will credit satisfactions of support awards in certain circumstances. This rule must not be construed as limit…

137-055-5240 Credit for Support Payments Not Made through the Department of Justice (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 accou…

137-055-5400 Obligor Receiving Cash Assistance, Presumed Unable to Pay Child Support (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 spec…

137-055-5510 Request for Credit Against Child Support Arrears for Physical Custody of Child 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…

137-055-5520 Request for Credit Against Child Support Arrears for Social Security or Veterans Benefits Paid Retroactively on Behalf of a Child (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 supp…

137-055-6010 Definitions for Distribution and Disbursement 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 payme…

137-055-6020 Disbursement by Electronic Funds Transfer/Electronic Data Interchange (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 cre…

137-055-6021 Allocation, Distribution, and Disbursement: General Provisions (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 …

137-055-6022 Distribution and Disbursement 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 Depar…

137-055-6023 Exceptions to Allocation, Distribution, and Disbursement (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 t…

137-055-6024 Allocation of Collections to Multiple Cases 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 disburse…

137-055-6026 Payment Holds (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 overpayme…

137-055-6040 Right to Hearing to Contest Amount of Assigned Support (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. …

137-055-6120 Satisfaction of Arrears for Less Than Full Payment (1) The Department of Justice may satisfy all or any portion of child support arrears that are assigned to the State of Oregon or to any other jurisdiction if one or more of the following circumstances apply: (a) An …

137-055-6200 Adjusting Case Arrears 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…