Current through Register Vol. 63, No. 9, September 1, 2024
(1) For the
purposes of this rule, the following definitions apply:
(a) A "IV-D case" means a case in which
services are being provided pursuant to ORS
25.080.
(b) A "non-IV-D case" means a case that does
not meet the criteria for a IV-D case, but the administrator will maintain a
record of the dollar amounts received and disbursed. No other accounting
services or legal actions will be provided.
(c) A "full services case" means a case in
which all of the necessary services required under ORS
25.080(4)
are provided.
(d) A "limited
services case" means either a case in which one jurisdiction needs limited
assistance from another jurisdiction as defined in
45 CFR
303.7, or a case in which the only service
requested under ORS
25.080
is paternity establishment for a minor child.
(2) When any Oregon judgment or support order
for child support or child support with spousal support is received but no
application for services has been received, the administrator will:
(a) Create a non-IV-D case on the child
support automated system, if one does not already exist, to receive and
disburse payments in accordance with OAR 137-055-6021; and
(b) Send the parties a letter explaining why
disbursement only services will be provided. The letter must include a
statement that the parties may apply for support enforcement services at any
time if the order includes a provision for child support.
(3) When any Oregon judgment or support order
for child support or child support with spousal support is received and no
application for services has been received, but either the obligor or obligee
has requested services sufficient for the establishment of income withholding
as provided in ORS
25.381(2)(a),
the administrator will:
(a) Create a non-IV-D
case on the child support automated system, if one does not already
exist;
(b) Establish income
withholding under ORS
25.378;
(c) Receive and disburse payments in
accordance with OAR 137-055-6021; and
(d) Send the parties a letter explaining why
disbursement only services will be provided. The letter must include a
statement that the parties may apply for support enforcement services at any
time if the order includes a provision for child support.
(4) If the provisions of subsection (2) or
(3) apply and a party subsequently completes an application or other written
request for support enforcement services, the administrator will process the
application or request in accordance with OAR 137-055-1060.
(5) When any Oregon judgment or support order
is received that requires payment of spousal support only, the administrator
will process the order pursuant to OAR 137-055-2045.
(6) When a person applies for services under
OAR 137-055-1060 for establishment or enforcement of a child support order, and
the case is a full services case, the administrator will:
(a) Perform all mandated services under state
and federal law; and
(b) Determine
which non-mandated services will be provided and may consider input from the
applicant in making that determination.
(7)
(a)
When a person applies for services under OAR 137-055-1060 and there is more
than one parent obligated to pay support, the applicant may apply for services
to establish and collect support from only one parent or from both
parents.
(b) A separate application
under OAR 137-055-1060 is required for each parent from whom the applicant
wishes to pursue support.
(8) A parent or alleged parent applying to
establish paternity only, as described in subsection (1)(d), must complete an
application for services in substantially the same form as an application under
OAR 137-055-1060.
(9) When a parent
or alleged parent applies to establish paternity only, as described in
subsection (1)(d), the administrator will accept the application and provide
limited services if:
(a) The administrator has
jurisdiction to establish paternity;
(b) There is no legal presumption of
parentage under ORS
109.070;
(c) Paternity is not already
established;
(d) The child does not
receive public assistance; and
(e)
The administrator is not already providing full services.
Statutory/Other Authority: ORS
180.345
Statutes/Other Implemented: ORS
25.020,
25.080,
25.140,
25.164,
25.381 & 107.108
