Current through Register Vol. 63, No. 9, September 1, 2024
The purpose of this rule is to set out what the administrator
will do when an adjustment to the case arrears is needed due to one of the
following: an error is identified, a negative offset is received on a closed
case, or the Division of Child Support does not have a complete pay record but
needs to reconcile arrears between multiple Oregon orders.
(1) If the adjustment is needed for the
current billing cycle, the administrator will adjust the arrears on the case
record without notice to the parties.
(2) If the adjustment is needed for a
timeframe prior to the current billing cycle, the administrator will adjust the
arrears on the case record and send a notice to the parties advising of:
(a) The change in the case arrears;
and
(b) The right to, within 30
days of the date of the notice from DCS, submit a written request for an
administrative review to determine if DCS's record-keeping and accounting
related to the adjustment of arrears is correct.
(3) DCS will conduct the administrative
review within 30 days of receiving the party's written request and send written
notification to the parties of the results of the review. The notice will
include a citation of the parties' rights to appeal the decision under ORS
183.484.
(4) Notwithstanding any other provision of
this rule, if under a contingency order, the error is due to a failure to
accurately reflect the periods of residence of the child in state care, the
administrator will adjust the arrears on the case record and notify the obligor
unless the Department of Human Services directs otherwise.
(5) On a closed case:
(a) If an adjustment will result in less than
$500 of arrears assigned to the state, the administrator will adjust the
arrears on the case record, and send notice to the parties as provided in
section (2), but will not open the case to provide services;
(b) If an adjustment will result in at least
$500 of arrears assigned to the state, the administrator will adjust the
arrears on the case record, send notice to the parties as provided in section
(2), and open the case to provide services;
(c) If arrears added to the case are owed to
the obligee, the administrator will adjust the arrears on the case record and
send a notice to the parties as provided in section (2). If a signed request
for services is received, and the arrears are at least $25, the administrator
will open the case to provide services;
(d) If arrears added to the case are owed to
a child attending school or an adult child as defined in OAR 137-055-5110, the
administrator will adjust the arrears on the case record and send a notice to
the parties as provided in section (2). If a signed request for services is
received, and the arrears are at least $25, the administrator will open the
case to provide services;
(e)
Except as otherwise provided in OAR 137-055-4455 or OAR 137-055-6220, if the
adjustment was due to an accounting error of the administrator and the
adjustment to arrears will cause a credit balance, the administrator will
return the excess amount to the obligor if the amount is at least $5 and the
payment was applied to a state account; or
(f) If the adjustment was not due to an
accounting error of the administrator and the adjustment to arrears will cause
a credit balance, the administrator will send an informational notice to the
parties;
(g) If a case is opened
for services under (5)(c)-(d), any arrears added pursuant to (5)(a) that are
assigned to the state will also be enforced. If a case is opened for services
under (5)(b), any arrears added pursuant to (5)(c)-(d) that are owed to an
obligee or child attending school will also be enforced, regardless of the
amount, and without the need for a signed request for services; and
(h) Regardless of whether a case meets the
criteria in (5)(b)-(g), a case will not be opened for services if it was
originally closed due to circumstances that have not changed since
closure.
(6) A notice
will only be sent as provided for in this rule when the amount of arrears to be
adjusted is at least $5.
Statutory/Other Authority: ORS
180.345
Statutes/Other Implemented: ORS
25.020
