Or. Admin. R. 137-050-0735

Current through Register Vol. 63, No. 6, June 1, 2024

Section 137-050-0735 - Child Care Costs

(1) Adjust the support obligation for child care costs paid by either parent or the child's caretaker if the child for whom support is being calculated is disabled or under the age of 13.

(2) Child care costs must be related to the parent's or caretaker's employment, job search, or training or education necessary to obtain a job. Only actual costs paid by a parent or caretaker for child care that can be documented and determined may be used to compute an adjustment under these rules.

(3) Child care costs are allowable only to the extent that they are reasonable and, except as provided in section (4), do not exceed the maximum amounts set out in Table 1. Table 1: Maximum Allowable Child Care Costs by Provider Location

(4) The maximum amounts allowed by the Department of Early Learning and Care (DELC) as shown in the Employment-Related Day Care Allowance tables in OAR 414-175-0075, available online at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301963 may be used when those amounts are greater than the amounts in the abbreviated table in section (3).

(5) Each parent's obligation for child care costs is that parent's income share percentage as provided by OAR 137-050-0720 multiplied by the total allowed child care costs. A parent's child care cost obligation may not exceed the parent's available income after deducting the parent's basic support obligation.

(6) As used in section 1 of this rule, "disabled" refers to a child who has a physical or mental disability that substantially limits one or more major life activities (for example, self-care, performing manual tasks, walking, seeing, speaking, hearing, eating, sleeping, standing, lifting, bending, breathing, learning, reading, concentrating, thinking, communicating, and working).

Or. Admin. R. 137-050-0735

DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10; DOJ 3-2013, f. 5-15-13, cert. ef. 7-1-13; DOJ 8-2014, f. & cert. ef. 5-22-14; DOJ 3-2016(Temp), f. & cert. ef. 1-29-16 thru 7-26-16; DOJ 5-2016, f. & cert. ef. 4/1/2016; DOJ 4-2019, amend filed 05/29/2019, effective 6/1/2019; DOJ 4-2022, minor correction filed 04/08/2022, effective 4/8/2022; DOJ 13-2022, amend filed 11/28/2022, effective 12/2/2022; DOJ 14-2023, minor correction filed 07/14/2023, effective 7/14/2023

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Statutory/Other Authority: ORS 25.270 - 25.290 & 180.345

Statutes/Other Implemented: ORS 25.270 to 25.290