Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 55 - OREGON CHILD SUPPORT PROGRAM
Section 137-055-5520 - Request for Credit Against Child Support Arrears for Social Security or Veterans Benefits Paid Retroactively on Behalf of a Child

(1) In accordance with ORS 25.527 and 107.135, the purpose of this rule is to define the process for allowing a credit against child support arrears for Social Security or Veterans benefits paid retroactively to the child, or to a representative payee administering the funds for the child's use and benefit.

(2) A request for credit against arrears under this rule may be for:

(3) As used in this rule, Social Security benefits are as defined in OAR 137-050-0740.

(4) As used in this rule, Veterans benefits include both apportioned Veterans benefits and Survivors and Dependents Educational Assistance, as defined in OAR 137-050-0740.

(5) The request for credit against arrears will be considered if submitted in writing and credit has not already been given for the same payments.

(6) A request for credit against a child support arrears for Social Security or Veterans benefits paid retroactively on behalf of the child may be made either:

(7) A party must provide documentation of the Social Security Administration (SSA) or Department of Veterans Affairs (DVA) retroactive payment paid on behalf of the child.

(8)

(9) Notwithstanding subsections (8)(a) and (b), the maximum credit allowed will be limited to the amount of the child support arrears. In no circumstances will the credit exceed the amount of the retroactive SSA or DVA payment made on behalf of the child.

(10) The administrator will provide the parties notice indicating the amount to be credited. The notice will be sent by regular mail when provided independently of a modification or by the appropriate service method when provided as part of the modification action.

(11) Within 30 days of being served with the notice, a party may request an administrative hearing. The request must be made in writing, and the only basis upon which a party may object is that:

(12) Any appeal of the decision made by an administrative law judge must be to the circuit court for a hearing de novo pursuant to ORS 25.513.

(13) If no timely written request for hearing is received, the order will be filed in circuit court.

(14) If the credit determined in subsections (8)(a) and (b) is less than the amount of arrears owed per section (9), the file credit will be applied as follows: