Current through Register Vol. 63, No. 9, September 1, 2024
(1)
(a) Except as provided in OAR 137-055-1090,
the Division of Child Support (DCS) must provide services pursuant to ORS
25.080 for all children for whom support rights are or have been assigned to this or
another state because the child(ren) are receiving or have received cash
assistance, foster care, or medical assistance when one or both parents are
absent from the benefit group; and
(b) For cases that would be assigned to a
District Attorney (DA) office, but DCS is providing child support services as
provided in ORS
25.080(6).
(2) Notwithstanding section (1) of
this rule, if a DA is providing services pursuant to ORS
25.080(1)(b)
on a case where the family, or a family member, assigns medical child support
rights, the DA will continue to provide services on that case.
(3)
(a)
Once a case is assigned to a DCS office, barring error, it will remain assigned
to a DCS office, even if no support remains assigned to the state;
and
(b) The provisions of
subsection (3)(a) do not apply if the DCS office to which the case is assigned
is a DCS office providing services in lieu of a DA office and the case would
have been assigned to a DA office under this rule.
(4) Notwithstanding the provisions of section
(3), a DCS office and DA office may agree to transfer a case or may co-work a
case or conclude pending legal proceedings. Before a case may be transferred
from one office to another, approval must be obtained from each office manager
or management equivalent and narrated on the computer record for the
case.
(5) The matrix set out in
Exhibit 1 is offered as an aid in applying sections (1) through (4) of this
rule. [Exhibit not included. See NOTE.]
(6) Sections (7) to (10) apply only to cases
assigned to DA offices pursuant to ORS
25.080(1)(b).
(7)
(a)
Except as provided in subsection (b) of this section, the DA of the obligee's
county will be assigned the case and must provide services;
(b) If the obligor resides in the same county
where the operative support order is entered, the DA of the order county will
be assigned the case and must provide the services.
(8) When one party resides in another state,
the DA of the county of the Oregon resident must provide services, even if
there is a support order in another county.
(9) When both parties reside in another
state:
(a) If there is an Oregon order, the DA
of the order county must provide the services;
(b) If there is no Oregon order, the DA of
the county where the child resides or where the obligor's income or property is
located must provide the services;
(c) If there is no Oregon order and the
obligor has no income or property located in the state, but it is anticipated
that the obligee will be moving to this state, the DA of the county where the
obligee is anticipated to reside must provide the services;
(d) If there is no Oregon order, the obligor
has no income or property located in the state, the obligee is not anticipated
to be moving to this state, but continuation of services is being provided
pursuant to OAR 137-055-1100, the DA where the case was previously assigned
must provide the services.
(10) The matrix set out in Exhibit 2 is
offered as an aid in applying sections (7) through (9) of this rule. [Exhibit
not included. See NOTE.]
Exhibits referenced are available from the
agency.
Statutory/Other Authority: ORS
25.080 & 180.345
Statutes/Other Implemented: ORS
25.080
