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 137-055-6023 and this rule, when an obligor has
multiple support cases, the distribution and disbursement sequence, as needed
for each case, will be as provided in OAR 137-055-6022.
(2) When a withholder remits a payment for an
obligor against whom more than one income withholding order has been issued,
the Department will allocate and distribute the amount as follows:
(a) To current support on all cases for which
the withholding was made. Any remaining amount, after current support is paid
in full on all cases, will be allocated and distributed to the arrears on all
withholding cases as provided in subsection (2)(b) of this rule. If the payment
is not sufficient to pay each type of current support due on each case, the
payment will be allocated to each case based on each case's pro rata share of
each type of current support remaining due in the following priority: current
cash child support first, then current cash medical support, then current
spousal support. Pro rata shares for a particular type of support will be
determined by dividing the amount of that type of current support remaining due
on the case by the total combined amount of that type of support remaining due
on all the obligor's support cases to which the proceeds of the order to
withhold will be applied, and then multiplying the resulting percentage by the
total amount withheld.
(b) To
arrears on each withholding case based on each case's pro rata share of
arrears, determined by dividing the amount of arrears owed on the case by the
total combined amount of arrears remaining owed on all the obligor's support
cases, and then multiplying the resulting percentage by the total amount
available for distribution to arrears. However, no case may receive more than
the total amount of current support and arrears owed on that case at the time
this distribution and disbursement is made. Any remaining funds will be
allocated pro rata to the obligor's other cases.
(3) When the obligor is paid either weekly or
biweekly, for those months in which there is an extra pay period due to the
manner in which pay periods fall during the year, the payment may be allocated
to each case for which an income withholding order is in effect when the
payment is received, even if this results in a case receiving more than the
amount requested to be withheld for that case for a single month.
(4) Except as provided by section (5) of this
rule, when the Department receives a single collection that is the result of an
enforcement action that includes more than one case for the obligor, the
Department will allocate and distribute the amount received as follows:
(a) To current support on each case included
in the enforcement action. Any remaining amount, after current support is paid
in full on all cases, will be allocated and distributed to the arrears on all
cases included in the enforcement action as provided in subsection (4)(b) of
this rule. If the payment is not sufficient to pay each type of current support
due on each case, the payment will be allocated to each case based on each
case's pro rata share of each type of current support remaining due in the
following priority: current cash child support first, then current cash medical
support, then current spousal support. Pro rata shares for a particular type of
support will be determined by dividing the amount of that type of current
support remaining due on the case by the total combined amount of that type of
support remaining due on all the obligor's support cases to which the proceeds
of the enforcement action will be applied, and then multiplying the resulting
percentage by the total amount received.
(b) To arrears on each case included in the
enforcement action based on each case's Pro rata share of arrears, determined
by dividing the amount of arrears owed on the case by the total combined amount
of arrears remaining owed on all the obligor's support cases, and then
multiplying the resulting percentage by the total amount available for
distribution to arrears. However, no case may receive more than the total
amount of current support and arrears owed on that case at the time this
distribution and disbursement is made. Any remaining funds will be allocated
pro rata to the obligor's other cases.
(5) When support payments are received from
federal tax refund intercepts, the payment will first be processed under OAR
137-055-6021(5). If the payment is not sufficient to pay the full arrears
amount on each case certified for federal offset, the Department will allocate
and distribute the amount received as follows:
(a) If the total amount is not sufficient to
pay the state's permanently assigned arrears on all certified cases, the amount
received will be allocated pro rata to each case, determined by dividing the
amount of assigned arrears owed on the case to the total combined amount of
assigned arrears remaining owed on all of the certified cases, and then
multiplying the resulting percentage by the total amount available for
distribution to arrears.
(b) If the
total amount is sufficient to pay the state's permanently assigned arrears on
all certified cases, but is not enough to pay in full all the conditionally
assigned and unassigned arrears on all the obligor's certified cases, the
amount received in excess of that required to pay the state's permanently
assigned arrears on all certified cases will be allocated, distributed, and, as
appropriate, disbursed as follows:
(A) Pro
rata to each certified case determined by dividing the amount of conditionally
assigned and unassigned arrears owed on the case by the total combined amount
of conditionally assigned and unassigned arrears remaining owed on all the
obligor's support certified cases, and then multiplying the resulting
percentage by the total amount available for distribution to arrears.
(B) To arrears owed to other jurisdictions,
pro rata to each certified case, determined by dividing the amount of arrears
owed on the case to other jurisdictions by the total combined amount of arrears
remaining owed on all the obligor's support cases to other jurisdictions, and
then multiplying the resulting percentage by the total amount available for
distribution to arrears. Within a single case, if multiple other jurisdictions
are owed arrears, pro rata to the arrears owed to other jurisdictions
determined by dividing the amount of arrears owed to each other jurisdiction by
the total combined amount of arrears remaining owed to all other
jurisdictions.
(6) When the Department has received a
personal payment from an obligor that was not directed to fewer than all cases
for the obligor for which support is due as provided in OAR 137-055-6023, the
Department will allocate, distribute, and, as appropriate, disburse the payment
pursuant to section (4) of this rule as if it were a payment received as the
result of an enforcement action that included all the obligor's support
cases.
Statutory/Other Authority: ORS
25.020 & 180.345
Statutes/Other Implemented: ORS
18.645,
25.020,
25.387,
25.414 &
25.610
