Current through Register Vol. 63, No. 9, September 1, 2024
(1)
(a) The purpose of this rule is to provide
criteria for determining which Oregon District Attorney will have
responsibility for initiating action to review and modify an Oregon judgment,
or administrative order that requires payment of child support. This rule
applies only when both of the following conditions exist:
(A) An Oregon District Attorney has
responsibility for providing support enforcement services under ORS
25.080; and
(B) Either of the following is true:
(i) A party to the case has requested a
review and modification, as provided in OAR 137-055-3420, for purposes of
changing the amount of the monthly support obligation; or
(ii) The obligor is presumed entitled to a
suspension of the support obligation as a recipient of certain cash assistance,
as provided in ORS 25.245.
(b) This rule does not apply to a
Division of Child Support (DCS) office that is performing district attorney
functions.
(2) For
purposes of this rule, the following definitions apply:
(a) "Requesting party" means the party
requesting the district attorney to review and modify the support obligation;
(A) The requesting party may be the obligor,
the obligee, or the child attending school;
(B) An obligor deemed presumptively eligible
for a suspension under ORS
25.245 will be considered the
"requesting party";
(b)
"Non-requesting party" means any party that is not the party as defined in
subsection (2)(a), above.
(3) In any case where there are arrears, the
district attorney responsible under OAR 137-055-2020 for enforcing the case
will, if the support order is in another Oregon county, transfer in the order
for review and modification under ORS
25.100.
(4) In any case where there are no arrears:
(a) If all the parties reside in the same
Oregon county, but the support order is in another county:
(A) The district attorney for the county of
residence of the parties will be responsible for review and modification
action;
(B) The district attorney
for the county of residence may transfer in the support order for review and
modification under ORS
25.100, as the county of
residence for the non-requesting party.
(b) If any of the parties reside in the same
Oregon county that is the county of the support order, the district attorney
for that county will be responsible for review and modification
action;
(c) If the support order,
the requesting party, and the non-requesting party(ies) are all in different
counties:
(A) If the district attorney for
the county of the requesting party has previously transferred the support order
to the requesting party's county for enforcement, the district attorney for the
enforcing county will be responsible for review and modification
action;
(B) If the case is not
currently open as an enforcement case under ORS
25.080, or if the district
attorney for the requesting party's county has never transferred the support
order for enforcement:
(i) That district
attorney will refer the requesting party to the district attorney for the
county of the support order;
(ii)
The district attorney for the county of the support order will then be
responsible for review and modification action;
(C) If the case is currently open as an
enforcement case under ORS
25.080:
(i) The district attorney for the enforcing
county will transfer the enforcement case to the district attorney for the
county of the support order;
(ii)
The district attorney for the county of the support order will then be
responsible for review and modification action;
(iii) Once the review and modification is
completed, the district attorney for the county of the support order will
transfer the enforcement case back to the proper enforcement county under OAR
137-055-2040.
(5) If the requesting party does not reside
in Oregon, and regardless of whether the case has arrears or not:
(a) If the requesting party's case is already
being enforced, the administrator will advise the requesting party to direct
the request to the child support program in that other jurisdiction. The other
child support program may then ask the administrator to pursue action under
appropriate state and federal statutes;
(b) If the requesting party's support case is
not being enforced under the child support program in another jurisdiction, the
administrator will handle the request under sections (3) and (4) of this
rule.
(6) If the
non-requesting party(ies) does not reside in Oregon, the district attorney will
handle the request under sections (3) and (4) of this rule.
(7) The matrix set out in Table
1, is included in this rule as an aid, and incorporates preceding
sections of this rule: [Table not included. See Ed. Note.]
(8) Notwithstanding subsection (1)(b), all
functions and responsibilities assigned to Oregon District Attorneys under this
rule will also be considered assigned to DCS, for those counties where DCS has
assumed responsibility from the district attorney for providing support
enforcement services.
Tables referenced are not included in rule text.
Click here for PDF copy
of table(s) .
Stat. Auth.: ORS
180.345
Stats. Implemented: ORS
25.080 &
25.287
