Current through Register Vol. 63, No. 9, September 1, 2024
(1) For purposes
of this rule: "Substantial compliance" means that the difference between the
existing support order and the amount calculated using current guidelines is
not greater than $50 or 15% of the current guideline amount, whichever is
less.
(2) Notwithstanding OAR
137-055-3420 and except as provided in paragraph (3)(b)(A) of this rule,
proceedings may be initiated at any time to review and modify a support
obligation based upon a substantial change in circumstance.
(3) The administrator will conduct a review
of the existing order to determine whether it qualifies for a change of
circumstance modification when:
(a) Oregon has
jurisdiction to modify; and
(b) The
administrator:
(A) Receives a request for
modification based on a change of circumstance and at least 60 days have passed
from the date the existing support order was entered. For those cases where a
review is requested pursuant to paragraphs (3)(c)(H), (I), or (J) of this rule,
there is no need for 60 days to have passed; or
(B) Determines that a modification should be
initiated based on the administrator's motion; and
(c) At least one of the following criteria is
met:
(A) A change in the written parenting
time agreement or order has taken place;
(B) The financial or household circumstances
of one or more of the parties have changed;
(C) Social Security benefits received on
behalf of a child due to a parent's disability or retirement were not
previously considered in the order;
(D) Veterans benefits received on behalf of a
child due to a parent's disability or retirement were not previously considered
in the order;
(E) Survivors' and
Dependents' Educational Assistance benefits received by a child or on behalf of
a child were not previously considered in the order;
(F) The needs of the children have
changed;
(G) The support order has
been suspended and reinstated under OAR 137-055-3300 and qualifies for a review
pursuant to ORS 25.247;
(H) There is a need to add or change medical
support provisions for a child;
(I)
A change in the physical custody of a minor child has taken place;
(J) An order is being modified to add or
remove a child of the parties;
(K)
A child who is 18 years of age or older and under 21 years of age does not
qualify as a child attending school under ORS
107.108 and OAR 137-055-5110 and, pursuant to ORS 107.108(10),
tiered order provisions will be added, removed, or changed. The definition of
tiered order is provided in OAR 137-055-1020.
(d) And the requesting party (if other than
the administrator) submits the following documentation, or its equivalent:
(A) A written request for modification based
on a substantial change of circumstance (signature is not required if it can be
determined who submitted the request);
(B) Appropriate information for the criteria
in subsection (3)(c) of this rule showing that a substantial change of
circumstance has occurred; and
(C)
A completed Uniform Income and Expense Statement or Uniform Support
Petition.
(4)
When a review is initiated, the administrator will notify the parties in
writing that they have 30 days to provide information regarding the calculation
of support.
(5) If the order is
currently suspended pursuant to OAR 137-055-3300 or 137-055-5400, a request for
modification will be denied unless the basis of the request is paragraph
(3)(c)(I) of this rule, whereby the children are now in the custody of the
obligor and the obligor would now be the obligee under a new
calculation.
(6) If the review
determines that the conditions in section (3) of this rule are met and the
request is based on the criteria in paragraphs (3)(c)(A), (B), or (F) of this
rule, a modification will be initiated only if the order is not in substantial
compliance with the guidelines and the change that has been identified occurred
after the following date:
(a) The date of the
hearing, when the existing order resulted from a judicial or administrative
hearing;
(b) The date the order was
signed by a judge, when the order was issued by a court and no hearing was
held; or
(c) The date the order
that became final was generated as a proposed order when the order was issued
by the administrator and no hearing was held.
(7) A modification will be initiated
regardless of whether the order is in substantial compliance with the
guidelines when:
(a) The review determines
that the conditions in section (3) of this rule are met and the request is
based on the criteria in paragraphs (3)(c)(C) through (E) and (G) through (K)
of this rule; or
(b) The review
determines that the conditions in section (3) of this rule are met and the
request is based on paragraphs (3)(c)(A), (B), or (F) of this rule, and any of
the following are true:
(A) The parties have
consented to the support amount as provided in OAR 137-050-0765;
(B) The calculation includes compelling
factors as provided in OAR 137-050-0750; or
(C) The calculation includes application of
rebuttals, as provided in OAR 137-050-0760.
(8) If the request for modification is
granted, the administrator will advise the parties of the guideline child
support obligation. Notification may be by motion for modification and will
include a request for hearing form.
(9)
(a) If
the parent with more parenting time is owed support under the current support
judgment but the calculation results in the parent with more parenting time
owing support to the parent with less parenting time, and the parent with less
parenting time does not apply for services after being notified of the result
of the calculation, the administrator may modify the current support obligation
to zero.
(b) For the purpose of a
hearing before the Office of Administrative Hearings, the failure of the parent
with less parenting time to apply for services as provided in subsection (9)(a)
of this rule creates a rebuttable presumption that the parent does not want
support, which can be rebutted only by live testimony of the parent at the
hearing.
(10) If there
is an adult child on the case:
(a) A tier as
defined in OAR 137-055-1020 may be included for the adult child; or
(b) The order may be modified to remove
support provisions for the adult child but can be modified later to include
support provisions for a child attending school if the adult child qualifies
for support under ORS
107.108.
(11) If a request under this rule is denied,
a party may contest the administrator's finding as provided in ORS
183.484.
(12) No provision of this rule prevents the
parties from obtaining the services of private legal counsel at any time to
pursue modification of the support order.
(13) If a request for review and modification
is received because a change in the physical custody of the minor children has
taken place, a party may also request a credit back to the date the change in
physical custody took place in accordance with OAR 137-055-5510.
Statutory/Other Authority: ORS
25.247,
25.505 & 180.345
Statutes/Other Implemented: ORS
25.080,
25.247,
25.287,
25.321 to
25.343,
25.527,
107.108 &
107.135
