Oregon Administrative Rules
Chapter 137 - DEPARTMENT OF JUSTICE
Division 55 - OREGON CHILD SUPPORT PROGRAM
Section 137-055-7180 - Determining Controlling Order
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The administrator will determine a single controlling order when:
(2) For purposes of this rule, any order modified or issued after October 20, 1994 (the effective date of the Full Faith and Credit for Child Support Orders Act, 28 USC 1738B), will be interpreted as a modification of all orders issued prior to October 20, 1994, unless:
(3) When a request for a controlling order determination is received from another jurisdiction, the request is considered "filed with the appropriate tribunal" as required by 45 CFR 303.7(d)(5) when the administrator receives all documents necessary to perform the determination.
(4) The administrator will determine the controlling order and issue an order setting out the determination. The order is an order in an other than contested case proceeding under ORS chapter 183. The order will be served upon the parties by certified mail, return receipt requested, or by any other mail service with delivery confirmation, at the last known address of the parties. The order must include:
(5) If the administrator determines that no tribunal has continuing, exclusive jurisdiction under ORS chapter 110, the administrator will notify the parties and establish a new child support order.
(6) For the purposes of determining the Oregon county in which the administrator may enter the order determining the controlling order, the following provisions apply:
(7) Within 30 days after the determination of controlling order is issued, the administrator will certify copies of the order determining the controlling order and file one with each tribunal that issued or registered an earlier order of child support.
(8) Upon written receipt of an order determining the controlling order that a tribunal of this or another jurisdiction properly issued, the administrator will:
Statutory/Other Authority: ORS 25.729 & 180.345
Statutes/Other Implemented: ORS 110.500 - 110.677