Subject: OAR 137-055-3200 and 137-055-3360 are being amended
to clarify processes for filing administrative support orders.
137-055-4080 is being amended to clarify processes for exceptions to income
withholding for child support.
Rules Coordinator: Vicki Tungate—(503) 986-6086
Judicial Proceedings and Existing Support Orders
Whenever the administrator seeks to establish or modify a support order, the
administrator will first check the Oregon Judicial Information Network (OJIN)
and the Child Support case records to determine if:
is any support proceeding involving the child pending in this state or any
other jurisdiction; or
is a support order involving the child in this state or any other jurisdiction,
other than the support obligation the administrator seeks to modify.
(2) If a
judicial proceeding involving the support of the child is pending in this
state, the administrator may proceed to establish or modify the support order
appears likely that a final judgment will not be entered without substantial
states financial interests cannot be adequately protected without proceeding
with the administrative action.
(3) If the
administrator proceeds to establish or modify a support order, the
administrator must file a notice in the pending judicial proceeding which
includes the date of initiation of the administrative action, the action being
pursued, and the amount of any current or past support sought.
(4) If the
administrator does not proceed to establish or modify a support order, the
administrator must send notice to the requesting party and may file an
affidavit of appearance in the pending proceeding.
(5) If a
support proceeding is discovered after commencing an administrative action but
prior to finalizing the administrative order, the administrator may:
all matters under the notice to the court for consolidation in the court
Finalize any portion of the order and file it in the county where the
proceeding is pending; or
Withdraw the administrative proceeding.
(6) If a
child support judgment is discovered after commencing an administrative action
but prior to finalizing the administrative order, the administrator may:
(a) Seek to
set aside the provisions of the child support judgment and ask the court to
enter a new order if:
(A) It was
issued without prior notice to the issuing court, administrative law judge or
administrator that another support proceeding involving the child was pending
or another support judgment involving the child already existed; or
(B) It was
issued without service on the administrator as required in ORS 107.087,
107.135, 107.431, 108.110, 109.103 and 109.125, when support rights are
assigned to the state and the states interests were not adequately protected.
to establish an order for past support only for periods of time not addressed
by the child support judgment; or (c) Withdraw the administrative proceeding.
2-2004, f. 1-2-04 cert. ef. 1-5-04; DOJ 12-2004, f. & cert. ef. 10-1-04;
DOJ 7-2011, f. & cert. ef. 10-3-11
Administrative Orders in the Register of the Circuit Court
administrative order under ORS 416.400 to 416.470 must be entered in accordance
with the requirements of this rule:
(1) If the
administrative order establishes support or paternity and the child is not
residing in a state financed or supported residence, shelter or other facility
or institution (see ORS 416.417), the order must be entered in the circuit
court in the county in which the child, or either parent of the child, resides.
(2) If the
administrative order establishes support or paternity and the child is residing
in a state financed or supported residence, shelter or other facility or
institution (see ORS 416.417) or resides out of state, the order must be
entered in the circuit court in the county in which the obligor resides. (3)
Except as provided in section (4), if the administrative order is one that
modifies an underlying support order, the order must be entered in the circuit
court in the same county as the underlying support order.
there is a judicial proceeding pending at the time of finalizing an
administrative order establishing support or paternity, the administrative
order must be entered in the circuit court in the same county as the pending
in this rule precludes filing liens in other Oregon counties pursuant to ORS
18.320 or transferring judgments pursuant to ORS 25.100 or 107.449.
Auth.: ORS 180.345 & 416.455
Implemented: ORS 416.440
21-2000, f. & cert. ef. 8-1-00; AFS 32-2000, f. 11-29-00, cert. ef.
12-1-00, Renumbered from 461-195-1091; DOJ 6-2003(Temp), f. 6-25-03, cert. ef.
7-1-03 thru 12-28-03, Renumbered from 461-200-3360; DOJ 10-2003, f. 9-29-03,
cert. ef. 10-1-03, Renumbered from 461-200-3360; DOJ 2-2004, f. 1-2-04 cert.
ef. 1-5-04; DOJ 12-2004, f. & cert. ef. 10-1-04; DOJ 7-2011, f. & cert.
to Income Withholding
exception to income withholding may be granted in any case as set out in ORS
administrator may allow payment by EFT as an exception to income withholding
obligee consents to payment by EFT; or
only payee on the case is a child attending school (CAS) under ORS 107.108 and
OAR 137-055-5110, and the CAS consents to payment by EFT;
obligor submits a completed request for payment by EFT on a form provided by
the Division of Child Support (DCS); and
obligor continues to pay the amount due for current support each month until
DCS activates the EFT.
payment by EFT is allowed as provided in section (2) of this rule, payment by
EPW may be allowed only if:
obligor’s financial institution is a participant in the National Automated
request for EPW:
signed by all signatories to the obligor’s account at the financial
Establishes a monthly withdrawal date, no later than the monthly support due
date, and the amount to be paid on each withdrawal date.
by EPW will not be allowed if the order is a contingency order as provided in
ORS 416.417, unless the child is in the care of the Oregon Youth Authority.
(5) If the
EFT request is approved, DCS will notify the parties by mail, including the
initial withdrawal date.
(6) An obligor
may make additional payments by EFT even if the obligor does not qualify for an
exception to withholding, as long as the obligor designates a withdrawal date.
administrator will not process a request to obtain consent to payment by EFT if
the obligee or child attending school has failed to consent at any time within
the previous six months.
administrator will terminate income withholding when:
is no longer a current order for support and all arrears have been paid or
court or administrator allows an exception to withholding pursuant to ORS
25.396 and this rule.
administrator will reinstate income withholding and cancel payment by EFT if:
least one month of arrears accrues;
obligor cancels the request to pay by EFT; or
obligee, or if appropriate, CAS, withdraws consent to the EFT and the
administrator agrees EFT should be canceled.
Auth.: ORS 25.396; 25.427, 180.345
Implemented: ORS 25.378 & 25.396
7-1994, f. & cert. ef. 4-1-94; AFS 3-1995, f. 1-27-95, cer. ef. 2-1-95; AFS
20-1995, f. 8-30-95, cert. ef. 9-9-95; AFS 3-1995, f. 1-27-95, cert. ef.
2-1-95; AFS 34-1995, f. 11-27-95, cert. ef. 12-1-95; AFS 39-1995, f. &
cert. ef. 12-15-95; AFS 23-1997, f. 12-29-97, cert. ef. 1-1-98; AFS 32-2000, f.
11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0176; AFS 28-2001, f.
12-28-01, cert. ef. 1-1-02; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru
12-28-03, Renumbered from 461-200-4080; DOJ 10-2003, f. 9-29-03, cert. ef.
10-1-03, Renumbered from 461-200-4080; DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04;
DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 6-2011(Temp), f. & cert. ef.
7-1-11 thru 12-27-11; DOJ 7-2011, f. & cert. ef. 10-3-11
Notes 1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.