Or. Admin. R. 137-055-5240

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

Section 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 account for any payment not made through the Department of Justice, except as provided in ORS 25.020 and this rule.

(2) The other provisions of this rule notwithstanding, in any case where an order of another jurisdiction is registered in Oregon under ORS Chapter 110 for enforcement only and either the issuing jurisdiction or the jurisdiction in which the obligee resides has an active child support accounting case open, the administrator does not have authority to give credit for payments not paid through the Department of Justice. In any such case, the obligor seeking credit must request credit from the jurisdiction with the active child support accounting case. The administrator will adjust its records to reflect credit for such payments only upon receiving notification from the other jurisdiction, in a record, by phone, or by court order, that specified payments will be credited.

(3) Except as provided in OAR 137-055-3240, the administrator will credit the obligor's support account for payments not made through the Department of Justice when:

(a) Credit for the payments would not apply to support assigned to the State of Oregon or to another jurisdiction, and

(A) The obligor and obligee agree in writing that specific payments were made and should be credited to support owed to the obligee; or

(B) The obligor and the current or former child attending school to whom arrears are owed, as defined in ORS 107.108 and OAR 137-055-5110, agree in writing that specific payments were made and should be credited to support owed to the child.

(b) The administrator is enforcing the case at the request of another jurisdiction, credit would not apply to support assigned to the State of Oregon, and the requesting jurisdiction verifies that payments not paid to the Department of Justice were received by the other jurisdiction or by the obligee directly. Such verification may be in a record, by phone, or by court order; or

(c) An order of an administrative law judge or an order from a court of appropriate jurisdiction so specifies.

(4)

(a) The administrator will apply the amount of the credit agreed to by the parties or found in an administrative hearings order to the extent the credit does not exceed the balance owed to the party who received the direct payments at the time the administrator processes the credit.

(b) If additional arrears accrue to the party that received the direct payments and the administrator did not fully apply the credit under subsection (4)(a) of this rule, the obligor may, no more often than once per year, make a request to have any unapplied credit that was agreed by the parties or found in an administrative hearings order applied to the subsequently accrued arrears.

(5) If a judicial order is received granting credit for payments made, the administrator will apply the credit in full, even if it causes a credit balance to the case. The credit balance will be offset by the accrual of future support, if any.

(6) To receive credit for payments not made to the Department of Justice, the obligor may apply directly to the administrator for credit by providing a signed statement from the recipient or verification from another state that direct payments were made and intended as support.

(7) Except as provided in section (2) of this rule, if the obligee, the current or former child attending school to whom arrears are owed or other jurisdiction does not agree that payments were made, the obligor may make a written request to the administrator for a hearing.

(a) Prior notice of the hearing and of the right to object will be served upon the obligee in accordance with ORS 25.085 and upon any current or former child attending school to whom arrears are owed.

(b) Prior notice of the hearing and of the right to object may be served upon the obligor by regular mail to the address provided by the obligor when applying for credit.

(c) A hearing conducted under this rule is a contested case hearing in accordance with ORS 183.413 through ORS 183.470. Any party may also seek a hearing de novo in the Oregon circuit court.

(d) The other provisions of this section notwithstanding, an administrative law judge does not have jurisdiction under this section in cases where the administrator is enforcing another jurisdiction's order.

Or. Admin. R. 137-055-5240

AFS 42-1995, f. 1-28-95, cert. ef. 1-1-96; AFS 8-1996, f. 2-23-96, cert. ef. 3-1-96; AFS 7-1998, f. 3-30-98, cert. ef. 4-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0157; AFS 15-2002, f. 10-30-02, ef. 11-1-02; SSP 15-2003, f. 6-25-03, cert. ef. 6-30-03; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-5240; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-5240; DOJ 8-2005(Temp), f. & cert. ef. 9-1-05 thru 2-17-06; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11; DOJ 4-2011, f. & cert. ef. 7-1-11; DOJ 13-2017, amend filed 12/29/2017, effective 1/1/2018; DOJ 42-2020, minor correction filed 02/05/2020, effective 2/5/2020; DOJ 12-2022, amend filed 11/28/2022, effective 12/2/2022; DOJ 21-2023, amend filed 11/22/2023, effective 12/1/2023

Statutory/Other Authority: ORS 180.345

Statutes/Other Implemented: ORS 25.020 & 25.085