Current through Register Vol. 63, No. 9, September 1, 2024
The terms used in this rule have the meanings set out in OAR
137-055-1020 and 137-055-6010.
(1)
Except as provided in OAR 137-055-6021, 137-055-6023, 137-055-6024, and section
(2) of this rule, the Oregon Department of Justice (the Department) will
distribute and, as appropriate, disburse support payments received on behalf of
a family with a child or children in foster care, or while a family is
receiving TANF cash payments in Oregon, in the following sequence:
(a) To the state, in priority of child
support first, cash medical support second, and spousal support third, in the
following sequence:
(A) Current
support;
(B) Permanently assigned
arrears principal; and
(C)
Permanently assigned arrears interest.
(b) To the family, in priority of child
support first, cash medical support second, and spousal support third, in the
following sequence:
(A) Unassigned
pre-assistance arrears principal;
(B) Unassigned pre-assistance arrears
interest;
(C) Conditionally
assigned arrears principal;
(D)
Conditionally assigned arrears interest;
(E) Never assigned arrears
principal;
(F) Never assigned
arrears interest;
(G) Unassigned
during assistance arrears principal; and
(H) Unassigned during assistance arrears
interest.
(c) To Oregon
Tribes, in priority of child support first, cash medical support second, and
spousal support third, in the following sequence:
(A) Permanently assigned arrears principal;
and
(B) Permanently assigned
arrears interest.
(d) To
other jurisdictions or non-Oregon Tribes, in priority of child support first,
cash medical support second, and spousal support third, in the following
sequence:
(A) Permanently assigned arrears
principal; and
(B) Permanently
assigned arrears interest.
(e) To the Department, according to the
following sequence:
(A) Fees; and
(B) Futures, to be held and processed as
provided in OAR 137-055-6260.
(2) The Department will distribute and, as
appropriate, disburse support payments received from federal tax refund
intercepts in the following sequence:
(a) To
the state, not to exceed the amount of unreimbursed assistance, in priority of
child support first, cash medical support second, and spousal support third, in
the following sequence:
(A) Permanently
assigned arrears principal; and
(B)
Permanently assigned arrears interest.
(b) To Oregon Tribes, in priority of child
support first, cash medical support second, and spousal support third, in the
following sequence:
(A) Permanently assigned
arrears principal; and
(B)
Permanently assigned arrears interest.
(c) To other jurisdictions or non-Oregon
Tribes, in priority of child support first, cash medical support second, and
spousal support third, in the following sequence:
(A) Permanently assigned arrears principal;
and
(B) Permanently assigned
arrears interest.
(d) To
the state, not to exceed the amount of unreimbursed assistance, in priority of
child support first, and spousal support second, in the following sequence:
(A) Conditionally assigned arrears principal;
and
(B) Conditionally assigned
arrears interest.
(e) To
the family, to the extent conditionally assigned arrears exceed the amount of
unreimbursed assistance, in priority of child support first, and spousal
support second, in the following sequence:
(A)
Conditionally assigned arrears principal; and
(B) Conditionally assigned arrears
interest.
(f) To the
family, in priority of child support first, cash medical support second, and
spousal support third, in the following sequence:
(A) Unassigned pre-assistance arrears
principal;
(B) Unassigned
pre-assistance arrears interest;
(C) Never assigned arrears
principal;
(D) Never assigned
arrears interest;
(E) Unassigned
during assistance arrears principal; and
(F) Unassigned during assistance arrears
interest.
(3)
Whenever support payments are assigned to the state, the payments will be
either:
(a) Disbursed to the Oregon Department
of Human Services if Title IV-E funds were expended to provide foster care
assistance to the family;
(b)
Disbursed to the Oregon Health Authority if current cash medical support or
arrears are assigned based on medical assistance to the child; or
(c) Retained by the Department if Title IV-A
funds were expended to provide TANF cash assistance to the family, except that:
(A) From payments collected toward current
child support, the Department will pass through to the obligee no more than $50
for each dependent child on the case for which the collection was received, up
to a maximum of $200 per month, not to exceed the current child support due in
the case for that month.
(B)
Current child support collected from each obligor may only be passed through
for the child(ren) of that obligor on the case for which the collection was
made, even if the maximum pass-through has not been met because the obligee has
other cases for which current support was not collected and a pass-through
payment was not made.
(C) The
Department will claim the federal share of the retained collections as an
offset against the drawdowns of the federal grant.
(4) Whenever support payments are
assigned to a Tribe, the Tribe's share of the payments will be disbursed to the
Tribe as provided in 42 USC
657.
(5) Except as provided in OAR 137-055-6021,
137-055-6023, 137-055-6024, and section (2) of this rule, the Department will
distribute and, as appropriate, disburse support payments received for a family
that formerly received or never received TANF cash payments in Oregon, in the
following sequence:
(a) Current support owed
to the family, in priority of child support first, cash medical support second,
and spousal support third.
(b)
Arrears owed to the family, in priority of child support first, cash medical
support second, and spousal support third, in the following sequence:
(A) Never assigned arrears
principal;
(B) Never assigned
arrears interest;
(C) Unassigned
pre-assistance arrears principal;
(D) Unassigned pre-assistance arrears
interest;
(E) Conditionally
assigned arrears principal; and
(F)
Conditionally assigned arrears interest.
(c) To the state, in priority of child
support first, cash medical support second, and spousal support third, in the
following sequence:
(A) Permanently assigned
arrears principal; and
(B)
Permanently assigned arrears interest.
(d) To Oregon Tribes, in priority of child
support first, cash medical support second, and spousal support third, in the
following sequence:
(A) Permanently assigned
arrears principal; and
(B)
Permanently assigned arrears interest.
(e) To the family, in priority of child
support first, and spousal support second, in the following sequence:
(A) Unassigned during assistance arrears
principal; and
(B) Unassigned
during assistance arrears interest.
(f) To arrears owed to other jurisdictions or
non-Oregon Tribes, in priority of child support family arrears first, cash
medical support arrears second, and spousal support arrears third, in the
following sequence:
(A) Permanently assigned
arrears principal; and
(B)
Permanently assigned arrears interest.
(g) To the Department, according to the
following sequence:
(A) Fees; and
(B) Futures, to be held and processed as
provided in OAR 137-055-6260.
(6) Any payment allocated to a single case
will be distributed and disbursed in the sequence provided in this rule. If
there are multiple like accounts within the obligation type, the payment will
be prorated.
(7) When providing
services as a responding jurisdiction, the Department will forward unassigned
current support and arrears that is distributed to the family to the initiating
jurisdiction that is providing services to the family.
