Or. Admin. R. 137-055-3460

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

Section 137-055-3460 - Processing Modifications When Unable to Find the Obligee

(1) On any Oregon child support case, whenever Oregon law or administrative rule requires the administrator to process a modification of a support order to zero, and a State of Oregon court or the administrator has jurisdiction to modify the support order, the administrator shall proceed even in the event that the administrator cannot locate the obligee.

(2) For purposes of this rule, before the administrator can determine that the obligee cannot be found, the administrator must first submit a request to the State Parent Locator Service of the Division of Child Support and must allow the State Parent Locator Service at least 45 days to verify an address or employer for the party being sought.

(3) If the administrator cannot locate the obligee, the administrator may serve by other methods as allowed in ORS 25.020(9)(a) or ORCP 7.D(6) when the motion to modify the support order is for a termination or a modification to zero because:

(a) The obligated parent is receiving cash assistance as provided in ORS 25.245;

(b) The obligated parent is incarcerated as provided in ORS 25.247; or

(c) The obligee no longer has physical custody of the child(ren) named in the support order.

(4) Provisions in this rule regarding a motion to modify a support order to zero are also applicable to a motion to terminate a support order and to a notice suspending support pursuant to ORS 25.245 or ORS 25.247.

Or. Admin. R. 137-055-3460

AFS 20-1998, f. & cert. ef. 10-5-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1085; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3460; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3460; DOJ 3-2009, f. & cert. ef. 4-1-09; DOJ 8-2019, temporary amend filed 07/29/2019, effective 8/1/2019through 01/27/2020; DOJ 1-2020, amend filed 01/22/2020, effective 1/27/2020

Statutory/Other Authority: ORS 180.345

Statutes/Other Implemented: ORS 25.020(9)(a), 25.085, 25.245 & ORCP 7.D