Or. Admin. R. 137-055-3280

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

Section 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 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.

Or. Admin. R. 137-055-3280

AFS 7-1998, f. 3-30-98, cert. ef. 4-1-988; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1060; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3280; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3280; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 22-2020, minor correction filed 02/05/2020, effective 2/5/2020

Statutory/Other Authority: ORS 25.505 & 180.345

Statutes/Other Implemented: ORS 25.540