Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used
in this rule, "payment due date" means the due date or beginning pay date of an
installment of support or, if no such date is listed, the date the judgment
states it is effective.
(2) For any
judgment requiring the payment in installments of child support or child and
spousal support through the Child Support Program, in accordance with ORS
25.020,
this rule delineates the manner in which the administrator will determine
billing and accrual cycles.
(3)
(a) When a support award does not specify the
payment due date, the administrator will consider the payment due date to be
the date listed in the administrative order or judgment document;
(b) When a support award specifies payments
are to be made more frequently than monthly, the administrator will consider
the last payment due date listed in the month to be the payment due
date.
(4) When neither
the support award nor the judgment contains the payment due date:
(a) If the judgment modifies a support order
but does not specify the due date of the first modified payment, the
administrator will consider the payment due date to be the first day of the
first month after the order is signed;
(b) If the judgment terminates a support
order but does not specify the effective date of the termination, the
administrator will consider the date the termination was signed as the
effective date of the termination.
(c) If the judgment requires payment of
support by a person who is not currently ordered to pay support but does not
state when payment is due, the administrator will adjust the case record to
show the first payment due date to be the first day of the month following the
date the judgment was signed.
(5) If the judgment modifies a support order:
(a) The support obligation will not be
pro-rated for the month in which the payment due date falls, unless the
judgment provides otherwise;
(b) If
the modification payment due date is on or before the payment due date of the
existing support order, the installment due for that month will be changed to
the new amount;
(c) If the
modification payment due date is after the payment due date of the existing
order:
(A) If the judgment is signed prior to
the payment due date of the existing support order, the installment due for
that month will be changed to the new amount;
(B) If the judgment is signed after the
payment due date of the existing support order, the installment due will be
changed to the new amount effective the following month.
(6) When suspending or terminating
a support obligation, including for a child attending school:
(a) If the support obligation terminates or
is suspended on or before the payment due date for the month, no installment
will be due for that month.
(b) If
the support obligation terminates or is suspended after the payment due date
for the month, the entire monthly installment will be due for that
month.
(7) The
Administrator will not apply any satisfaction to support that is not yet due as
of the date the satisfaction is signed.
Statutory/Other Authority: ORS
180.345
Statutes/Other Implemented: ORS
18.225,
25.020,
25.080 & 25.166
