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    Oregon State Law

    1. General Program-At-A-Glance

    1. How many local child support offices are in your state excluding agencies with cooperative agreements?
    13.
    2. What is the name of your IV-D agency?
    Oregon Child Support Program.
    3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
    The Oregon Child Support Program primarily uses administrative process to establish a support order, but the judicial process is also available.
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    4. Does your state use the following applications: EDE, CSENET, QUICK?
    Yes.

    2. Duration Of Support

    1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
    Age of majority in Oregon is 18 years. See ORS 109.510 and ORS 107.108. See links below. If needed, cut and paste the links into your browser.
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    2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
    18 years of age.
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    3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
    No.
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    4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
    Yes, the support obligation may continue for an adult child 18, 19, or 20 years old who qualifies as a child attending school under ORS 107.108 if the order contains a post-majority support provision. To qualify as child attending school, the adult child must be enrolled in school at least one-half time and making satisfactory academic progress (as defined by the school). Generally, a pro-rated share of the total current support obligation is paid directly to a child attending school, but the court can order support to be divided otherwise, or it can order the support to continue to be paid to the parent receiving support. Support is only owed while the child attends school, and it may stop if a child is not in compliance with ORS 107.108. Support will only restart when the child has provided proof that they have resumed full compliance with ORS 107.108. The Oregon Child Support Program may continue to enforce child support when ordered to continue past age 21 for a disabled child.
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    5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
    The legal age is 18. However, a minor child can be emancipated sooner if they get legally married or obtain a judgment of emancipation from a juvenile court. See 109.520 and 419B.552. See links below. If needed, cut and paste the links into your browser.
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    6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
    No.
    7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
    No.
    8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
    No, Oregon will not provide establishment services for a child over age 18. We will continue to enforce child support when ordered to continue past the age of 21 for a disabled child, up to age 21 for an Oregon child attending school order, or consistent with the terms of an order from another state.

    3. Statute Of Limitations

    1. What is your state's statute of limitations for the collection of past-due support?
    It is 35 years from the date of the judgment that first establishes the child support obligation. See ORS 18.180(5). If needed, cut and paste this link into your browser.
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    2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
    Oregon has no statute of limitations. However, pursuant to OAR 137-055-3485, we may not initiate the establishment of paternity or support for a child after the child turns 18 years old.
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    3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
    No, it is not possible for child support judgments. See ORS 18.182(7). Spousal support judgments can be extended once before they expire. See ORS 18.185.
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    4. Support Details

    1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
    Income Shares model. See OAR Chapter 137, Division 50 for guideline rules. If needed, cut and paste this link into your browser.
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    2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
    Yes, Oregon law allows interest on arrears. ORS 82.010 provides a standard 9% simple interest rate for judgments. We do not calculate or order interest. Interest is added to Oregon Child Support Program accounts only when a party has it established in a judgment or order entered by a court. For more information about how the Oregon Child Support Program handles interest, see OAR 137-055-5080. See links below. If needed, cut and paste the links into your browser.
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    3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
    No.
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    4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
    Yes, Oregon law allows interest on retroactive support. The Oregon Child Support Program does not calculate or order interest on retroactive support. See 2 above.
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    5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
    Yes, if the medical debt is reduced to a judgment.
    6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
    To redirect support to a new judgment creditor, an Oregon support order must be modified. The order may be modified solely to redirect the existing support amount to a new judgment creditor, or it may be modified to redirect support and recalculate the amount based on new circumstances.
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    6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
    If support is assigned to another state while a child is receiving TANF, it may be appropriate to direct support to that state. However, if support is not assigned to the state, it belongs to the judgment creditor listed in the order (until the order can be modified).
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    7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
    In a non-public assistance case, Oregon can disburse payments to a custodial party who was not a party to the prior order by: 1. Joining the new custodian as a payee to the existing order, or 2. Modifying the support amount and joining the new custodian. See ORS 25.503 and OAR 137-055-3500. See links below. If needed, cut and paste the links into your browser.
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    8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
    Yes. Oregon provides a dollar-for-dollar credit toward the monthly child support obligation and against arrears for lump sum payments. See OAR 137-050-0740.
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    9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
    Yes, Oregon may allow a credit against child support arrearages (not to exceed any arrears balance) for periods of time, excluding reasonable parenting time unless otherwise provided by order or judgment, during which the parent paying support, with the knowledge and consent of the parent receiving support or pursuant to court order, has physical custody of the child. A request for credit may be made: 1. As part of a request for modification, for any time period immediately prior to the effective date of the modification; or 2. Independent of a request for modification, for any time period within two years prior to the date of the request. See ORS 25.527(8)(a) and OAR 137-055-5510. See links below. If needed, cut and paste the links into your browser.
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    5. Paternity/Parentage

    1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
    No.
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    2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
    A cumulative paternity index of 99% or greater creates a disputable presumption of paternity. See ORS 109.258. If needed, cut and paste this link into your browser.
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    3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
    ORS 109.070 provides that filing a voluntary acknowledgment of paternity with the state registrar establishes paternity for all purposes. A party may rescind the acknowledgment within 60 days from filing (or, if earlier, the entry of an order in a proceeding related to the child, including establishing a support order). ORS 109.070(5). A party may challenge the acknowledgment at any time after the 60-day period based on fraud, duress, or material mistake of fact. ORS 109.070(6)(a). If parentage tests have not been completed within one year after a voluntary acknowledgment of paternity form is filed, a party may ask the Oregon Child Support Program to order parentage tests. ORS 109.070(7), ORS 25.554. A voluntary acknowledgment of paternity is not valid if, before the party signed the acknowledgment: A. The party signed a consent to the adoption of the child by another individual B. The party signed a document relinquishing the child to a public or private child-caring agency C. The party's parental rights were terminated by a court, or D. In an adjudication, the party was determined not to be the biological parent of the child. ORS 109.070(8). See links below. If needed, cut and paste the links into your browser.
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    4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
    Yes. The parentage of a child established by marriage to the birth mother at the time of the child's birth may be challenged in an action or proceeding by either spouse. Parentage may not be challenged by a person other than the spouses as long as they are married and cohabiting, unless both spouses consent to the challenge. If the court finds that it is just and equitable, giving consideration to the interests of the parties and the child, the court shall admit evidence offered to rebut the presumption. See ORS 109.070.
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    5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
    No. While the name of a second parent in addition to the birth mother on the birth record indicates that parentage has been established, by marital presumption, voluntary acknowledgment, subsequent marriage of the parties, filiation proceedings, or an adjudication of paternity or maternity, it is not conclusive in all situations. A voluntary acknowledgment of paternity may be rescinded or challenged as described above in 3. The marital presumption may be rebutted as described above in 4.
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    6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
    No.
    7. What, if any, is the agency name and link for your state's putative fathers' registry?
    N/A.
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    8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
    The Oregon Child Support Program can provide copies of paternity orders. Birth, marriage, and death records are maintained by Vital Records and Certificates, Oregon Center for Health Statistics. Requests should be made directly to that agency. Information on the process and fees can be found in link below. See links below. If needed, cut and paste the links into your browser.
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    9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
    Yes. For a list of fees, visit Vital Records and Certificates, Oregon Center for Health Statistics website in link below.
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    9.1. Describe any circumstances under which these fees may be waived?
    N/A
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    10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
    Oregon law does not provide for common-law marriage. A common-law marriage established in another state will be recognized in Oregon.
    11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
    N/A
    12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
    A single packet may include multiple children, so long as it includes a Declaration in Support of Establishing Parentage for each child.

    6. Support Order Establishment

    1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
    The Oregon Child Support Program primarily uses administrative process to establish a support order, but the judicial process is also available.
    1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
    The default establishment process is administrative. See ORS 25.511; ORS 25.501-533 generally. If needed, cut and paste this link into your browser.
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    1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
    The judicial process is used if the administrative order is appealed, or if a party requests the case be heard by a judge in a paternity proceeding. See ORS 25.511; ORS 25.501-533 generally.
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    2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
    Oregon uses the Income Shares model, which bases the guideline support amount on the incomes of both parents. Neither a childs income nor that of a new spouse is a factor in the guideline amount. If the presumed guideline amount is unjust or unreasonable, the court or the child support program may rebut the presumption in favor of the guideline amount and substitute a just and appropriate figure. See OAR 137-050-0710 and OAR 137-050-0715.
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    2.1. What documentation is required as proof/evidence of this information?
    Paystub, tax return, Uniform Income & Expense Statement, Employment Verification letter.
    3. What criteria for rebutting your presumptive guidelines have been established in your state?
    Deviations from the presumed guideline amount (rebuttals) can be based on any economic factor. See Petersen and Petersen, 132 Or App 190, 888 P2d 23 (1994); Non-exclusive lists of specific criteria adopted by the Oregon legislature, or the Oregon Child Support Program can be found at ORS 25.280 and ORS 137-050-0760. See links below. If needed, cut and paste the links into your browser.
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    4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
    No. Past support may be ordered for the period a proposed order is pending. It cannot be ordered for a period of time prior to the month that a proposed order is issued. Please contact the Policy Team at (503) 947-4388 for details before referring your case.
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    4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
    Oregon does not establish support for prior periods. If a referral is received requesting current and past support, past support may be ordered from the month that a proposed order is issued through the month prior to order becoming final. The month the order becomes final is considered current support. See OAR 137-055-3220.
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    4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
    No.
    4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
    Although Oregon will not accept referrals for retroactive support only, orders may ultimately be entered for past support only. If a referral for current and past support is updated to remove ongoing support, Oregon may amend the action and enter an order for past support only, for all or part of the time the action was pending. OAR 137-055-3220 requires that orders for assigned past support only must be for a time period of at least four months
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    5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
    No. Physical custody is sufficient. See ORS 25.515 and ORS 109.175. See links below. If needed, cut and paste the links into your browser.
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    5.1. What about when public assistance is not being expended?
    No. Physical custody is sufficient.
    6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
    A modification. See OAR 137-055-3410.
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    7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
    No. In certain circumstances, a sworn affidavit of the parent having physical custody of a child is sufficient to change the obligation from one parent to the other. If other factors have changed since entry of the order, Oregon will modify the order to reflect the new arrangements, custodial and otherwise. See ORS 25.525 and OAR 137-055-3435. See links below. If needed, cut and paste the links into your browser.
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    7. Income Withholding

    1. What are specific sources of income not subject to withholding?
    TANF, Supplemental Security Income (SSI), Oregons or another states general assistance program, and certain veterans' benefits. See ORS 25.010(7) and 25.245. If needed, cut and paste this link into your browser.
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    2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
    Yes. ORS 25.331, 25.387, and 25.414.
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    2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
    Oregon law prohibits withholding more that 50% of a paying parents disposable income including any applicable fee imposed by the withholder. In addition, if the withholding is for arrears only, a recipient of Social Security Disability, Veterans Disability, or Black Lung Disability must be allowed to retain monthly income equal to 160 hours multiplied by the federal minimum hourly wage. Also, if the withholding is for arrears only, a paying parent can request a reduced withholding if the standard withholding amount would impair their ability to provide for their basic needs or to support a child they are legally required to support. See ORS 25.414.
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    2.2. What are the withholding limits for non-employees?
    The withholding limits are the same as those identified in 2.1.
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    3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
    An employer may charge $5 per order per month. See ORS 25.414(6).
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    4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
    No.
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    5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
    After the date of receipt.
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    5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
    Five days. See ORS 25.411.
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    6. When must an employer remit amounts withheld from an employee's pay?
    Within seven business days after the date the employee receives income. See ORS 25.411.
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    7. What are your state's sanctions for employers for not implementing income withholding?
    Seek sanctions from the court under ORS 25.424.
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    7.1. What are the penalties to an employer for failure to remit payments withheld?
    The court can order an employer to pay the total amount not withheld or withheld and not paid as ordered. If the employers conduct is willful, the court can award attorney fees and a penalty, payable to the court, of up to $250 for each occurrence of non-compliance. See ORS 25.424.
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    8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
    No.
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    8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
    Other jurisdictions may seek withholding of UI benefits by sending UIFSA requests for enforcement. See ORS 25.414 and 657.780. See links below. If needed, cut and paste the links into your browser.
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    9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
    No.
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    9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
    A limited services request must be submitted using the Transmittal #3. We also need a copy of order(s); complete dependent information (name, Social Security number, date of birth); full certified pay history; verified bank account information; and name and address of court with underlying authority over the order.
    10. How does a noncustodial parent contest an income withholding in your state?
    A paying parent may contest an order to withhold within 30 days from the date that income is first withheld pursuant to a withholding order by requesting an administrative review by the issuing agency or appealing to the issuing circuit court. See ORS 25.405 and ORS 110.601. See links below. If needed, cut and paste the links into your browser.
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    11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
    Prorate current support, then apportion any remaining amount to arrears on all orders. If the paying parents income is not sufficient to cover all ordered amounts, first pay current support then apply pro rata to arrears. If the paying parents income is not sufficient to cover all current support, prorate to current. The employer can send payment with the employees name, Social Security number, and pay date to the State Disbursement Unit, and the State Disbursement Unit will allocate payment among the employees cases.
    12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
    Mandatory deductions include any amounts required to be withheld by law. ORS 25.010(5). In Oregon, these are state, federal, and local taxes; Social Security and Medicare taxes; and statutory pension contributions.
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    13. When does your state require the employer to send notice of an employee's termination?
    There is no specific notification requirement regarding an employees termination. However, whenever the employer does not withhold support in a month, the employer is required to notify the program of the reason for not withholding, including termination. Notification is required no later than the date that the withholder would normally send the payment. See ORS 25.421.
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    14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
    Collections applied to current support are distributed in the following priority: first to current child support, second to current medical support, and third to current spousal support. If current support is met, then to arrears in the same order. See ORS 25.020(15), and OAR 137-055-6021 and 137-055-6022. See links below. If needed, cut and paste the links into your browser.
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    8. Distribution

    1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
    Yes, $50 per child, up to $200 per household per month.
    2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
    No.
    3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
    State arrears first, PRWORA distribution rules.
    4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
    Payments are applied to Oregons state debt first, then to Oregon Tribes, and then to debt owed to other jurisdictions or non-Oregon Tribes.
    4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
    Payments are prorated based on the total arrears due to each jurisdiction. See OAR 137-055-6022. If needed, cut and paste this link into your browser.
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    9. Enforcement

    1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
    Only MSFIDM, FIDM, workers' compensation located in Oregon, and Oregon unemployment may be done with an AEI. All other actions require the full Intergovernmental petition process.
    2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
    The Transmittal #3 must be accompanied by certified copies of all orders and a certified payment history.
    3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
    Paying parents are reported as delinquent if they have failed to pay the required monthly payment and owe past-due support that is not a result of an upward modification or an order for past support under ORS 25.515 or ORS 109.155(4). If needed, cut and paste this link into your browser. Additional Criteria: 1. Current support or arrears must be due, and the balance must be at least two times the court ordered amount (or 25.00, whichever is greater) 2. The paying parent must have a valid Social Security number 3. The paying parent may not be subject to bankruptcy 4. For interstate cases, Oregon must be the responding state After the initial reporting, any arrears amount will be reported on a recurring basis. See OAR 137-055-4560. A temporary Covid-19 pandemic response is suppressing any new delinquency reporting on cases that were not delinquent prior to March 2020. The state is evaluating its post-pandemic criteria, expected to be implemented in 2022. See links below. If needed, cut and paste the links into your browser.
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    4. To which credit bureaus does your state report a noncustodial parent's child support information?
    Equifax, Experian, Innovis, and TransUnion.
    5. Is the method for credit bureau reporting judicial, administrative, or both?
    Administrative; however, judicial review is available upon request.
    6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
    No, however, our system automatically reports to the credit agencies a paying parents account as "current" when it is no longer delinquent. When a case closes, we report it as a "paid" or "closed account."
    7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
    No.
    8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
    Yes, $150 if arrears are assigned to the state and $500 if arrears are not assigned to the state.
    9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
    Yes, $150 if arrears are assigned to the state and $500 if arrears are not assigned to the state.
    10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
    Yes, $150 if arrears are assigned to the state and $500 if arrears are not assigned to the state.
    11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
    Yes, $150 if arrears are assigned to the state and $500 if arrears are not assigned to the state.
    12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
    Yes, $150 if arrears are assigned to the state and $500 if arrears are not assigned to the state.
    13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
    Yes.
    14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
    Administrative unless there is a challenge. If an attachment is challenged, it is handled judicially.
    15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
    Yes. ORS 18.345 to ORS 18.395 identify multiple types of personal property that is exempt from execution, including: 1. Higher education accounts (ORS 178.345) 2. 75% of disposable earnings are exempt (ORS 18.385) 3. Certain retirement accounts (ORS 18.358), 75% of beneficiary's interest in retirement plan, or 50% of lump sum retirement plan disbursement or withdrawal 4. Payments made to an individual with an occupational handicap under Vocational Rehabilitation and Training provisions (ORS 344.580) 5. Proceeds of loans advanced by the Department of Veterans Affairs to qualified persons (ORS 407.595) 6. Moneys granted as public assistance (ORS 411.760) 7. Medical assistance or amounts payable to vendors out of medical assistance funds (ORS 414.095) 8. Funds for inmate injuries (ORS 655.530) 9. Benefits from fraternal benefit societies (ORS 748.207) 10.Funds exempt under federal law (ORS 18.348(3)) 11.Federal benefits payments (ORS 18.784) 12.Unemployment Compensation (ORS 18.784) 13.Black lung benefits payments (ORS 18.784) 14.Workers compensation payments (ORS 18.784) See links below. If needed, cut and paste the links into your browser.
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    16. Is the financial institution attachment process in your state centralized and/or automated?
    Centralized and partly automated.
    17. What are the criteria to attach an account in a financial institution in your state?
    Greater than $500 arrears; greater than $2,000 financial institution account balance; and no payment in the last three months.
    18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
    No.
    For Additional Information - No Link Provided
    19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
    Administrative Enforcement of Interstate Cases (AEI).
    20. Does your state's income withholding definition include amounts in financial institutions?
    No. See ORS 25.010(7).
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    21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
    No. We issue a writ of garnishment to the garnishee (the financial institution), not the debtor (paying parent). Once we have proof of service, we send copies to the paying parent. See OAR 137-055-4520.
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    22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
    The financial institution does not hold the money; the Oregon Child Support Program does. Specifically, the money is held for 40 days if the garnishee is making a child support payment of other than wages, or 120 days if the garnishee is making a payment of wages. See ORS 18.645(6) and OAR 137-055-4520. See links below. If needed, cut and paste the links into your browser.
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    23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
    ORS 18.730 provides that the payment must be held for a period of 10 days after receipt. If there is a challenge, the garnishee shall cease making payments to the garnishor (Oregon Child Support Program) and shall make all further payments to the court. The program is also required to pay into the court any money received pursuant to the writ if a challenge is filed. Also see ORS 18.705.
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    24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
    It varies depending on the type of asset and the original source of any funds deposited into a bank account. For example, an investment account is generally 100% eligible for attachment, whereas a retirement account is generally 75% exempt, and veterans' benefits deposited into a savings account are 100% exempt. See ORS 18.345 to 18.395.
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    25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
    A debtor may file a challenge in court within 30 days of receiving the writ. The challenge can claim that the property is not subject to garnishment, is entirely or partially exempt, or the amount garnished exceeds what is owed. See ORS 18.700. A joint account holder may also file a challenge within 30 days to assert an interest in the property. See ORS 18.725.
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    26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
    Yes. In lieu of a sheriff's sale, a court order requiring liquidation may be requested pursuant to ORS 18.758, 18.788, and 18.954.
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    27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
    Oregon may begin the license suspension process when support arrears reach the greater of three months of support or $2,500 and the paying parent has not made payments for the last three months greater than the current support amount or, if there is no longer an order or judgment for current support, equal to the amount of the most recent order for current support. This criterion does not apply to payments resulting from garnishment, tax offset, or any other enforcement action other than income withholding. The paying parent may stop that process by paying the arrears below the threshold or by entering into and complying with the terms of an agreement. See ORS 25.750-785 and OAR 137-055-4420. See links below. If needed, cut and paste the links into your browser.
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    28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
    A paying parents drivers license will be reinstated when the conditions of the suspension no longer apply, i.e., arrears are under the threshold, or the paying parent has entered into and is complying with an agreement.
    29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
    No.
    30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
    Same criteria as for driver's license suspension. The Oregon Child Support Program has interagency agreements with 47 state agencies that allow for suspension of more than 1,100 professional licenses. For questions about a specific license, contact PROLCoordinator@doj.state.or.us.
    31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
    Same criteria as for driver's license reinstatement.
    32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
    No.
    33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
    Same criteria as for driver's license suspension. Examples of recreational licenses that are eligible for suspension due to non-payment of support are fishing, hunting, and big-game licenses. For questions about a specific license, contact PROLCoordinator@doj.state.or.us.
    34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
    Same criteria as for driver's license reinstatement.
    35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
    No.
    For Additional Information - No Link Provided
    36. What are the criteria for initiating/filing a lien in your state?
    Entry of a child support judgment automatically creates a lien on real property in the county where the order is filed. Recording the lien in other counties creates a lien against real property in those counties. For additional information, see ORS 18.042(1) and ORS 18.150 to 18.170.
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    37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
    Administrative.
    38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
    Yes, Oregon enforces property seizure and sale through a judicial process. See ORS 18.755.
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    39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
    Yes. The process is fully administrative.
    40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
    Yes, Oregon State Lottery prizes.
    40.1. If yes, is this enforcement judicial, administrative, or both?
    Both.
    41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
    None.
    42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
    Contempt, criminal non-support, and security deposit intercept.

    10. Modification And Review/Adjustment

    1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
    On request, Oregon will modify an order if it has been at least 35 months since the order took effect, or earlier if there has been a substantial change in circumstance. Regardless of request, Oregon will review for modification every 35 months when the family receives TANF benefits. ORS 25.287(1) & (5) and OAR 137-055-3420. If needed, cut and paste this link into your browser.
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    2. What is your state's modification procedure? Briefly describe.
    We begin by sending notice to parties of the modification request, accompanied by a request for income and other pertinent information. After gathering information, we serve the parties with an administrative motion to modify and proposed order. An administrative hearing can be requested. If there is no hearing request within 30 days, the administrative order is finalized and filed in court. The parties have 60 days from entry in court to appeal. On appeal, the court reviews the modification de novo, rather than reviewing specific assignments of error. The effective date of a modification is the first of the month following the date the last non-requesting party is served. See ORS 25.527 and OAR 137-055-3430. See links below. If needed, cut and paste the links into your browser.
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    3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
    On request, the Oregon Child Support Program will modify an order if: 1. It has been 35 months since the most recent support order took effect, or since an order was signed determining that support should not be modified; or 2. There has been a substantial change in circumstance, and either a. The order is no longer in substantial compliance with the guidelines (i.e., the existing support order deviates from a newly calculated guideline support amount by more than the lesser of 15% or $50 of the guideline amount); or b. There is an exception to the 15% to $50 requirement, such as a need to change medical support provisions, change in custody, a subsequent child must be added to an order, an adult child's school status has changed, or there will be a deviation from the guideline amount. See OAR 137-055-3430(3). See links below. If needed, cut and paste the links into your browser.
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    4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
    See responses below.
    For Additional Information - No Link Provided
    4.1. The earnings of the noncustodial parent have substantially increased or decreased.
    Yes.
    4.2. The earnings of the custodial parent have substantially increased or decreased.
    Yes.
    4.3. The needs of a party or the child(ren) have substantially increased or decreased.
    Yes.
    For Additional Information - No Link Provided
    4.4. The cost of living has changed.
    No.
    4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
    No.
    4.6. There has been a substantial change in childcare expenses.
    Yes.
    4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
    Change in parenting time, custody, to include or remove a subsequent child to the parties, a change in Social Security benefits, veterans' benefits, survivors and dependents' education benefits, the reinstatement of support after suspension, and a need to change medical support provisions. See OAR 137-055-3430(3).
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    5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
    No.
    6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
    Yes. Oregon law provides that there is a rebuttable presumption that a parent who owes support who is incarcerated for 180 days or more is unable to pay support. Within 30 days after identifying a qualified parent through a data match, party notification, or other sources, the Oregon Child Support Program will initiate a notice of intent to suspend the accrual of support on all active Oregon support orders. The presumption can be rebutted by evidence of ability to pay. See ORS 25.247. After the parent who pays support is released from incarceration, the order remains suspended through the last day of the month in which the 120th day after release falls. By operation of law, the order will be reinstated on the first day of the following month at 50% of the suspended court ordered amount (cash child support, cash medical support, and reasonable in cost amount). After reinstatement, the order must be reviewed for a change of circumstances modification within 60 days.
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    11. Lump Sum Payments

    1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
    A lump sum payment or benefit includes but is not limited to retroactive workers compensation benefits, lump sum retirement plan disbursements or withdrawals, insurance payments or settlements, severance pay, bonus payments or any other similar payments or benefits that are not periodic recurring income. The amount subject to withholding for payment of a support obligation may not exceed one-half of the amount of the lump sum payment of benefit. See ORS 25.414(4). If needed, cut and paste this link into your browser.
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    2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
    No.
    For Additional Information - No Link Provided
    3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
    Oregon uses the OMB-approved income withholding order, workers' compensation withholding order, and writ of garnishment.

    12. Cost Recovery And Fees

    1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
    No.
    1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
    N/A
    2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
    Yes, Oregon recovers costs on behalf of an initiating state-specifically fees described in the UIFSA definition of support order-when the fees are included in the judgment.
    3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
    Oregon collects it from the child support of the parent who receives support, once $550 has been collected in that year.
    3.1. Is it retained by the state from support collected?
    Yes.
    3.2. Is it paid by the individual applying for child support services?
    Yes. The fee is paid by the person receiving support who is usually, but not always, the applicant for services. It is prorated if multiple persons are the recipients on one IV-D case.
    3.3. Is it recovered from the noncustodial parent?
    No.
    3.4. Is it paid by the state out of its state funds?
    No.

    13. Insurance Match

    1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
    Yes. The insurer must provide the name, address, Social Security number or taxpayer identification number, and other identifying information for each paying parent who has a claim with the insurer. See ORS 25.640 to 25.646. If needed, cut and paste this link into your browser.
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    2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program?
    $150 if arrears are assigned to the state and $500 if arrears are not assigned to the state.
    3. What process does your state use to intercept insurance payments?
    Oregon usually uses the writ of garnishment process to collect support from an insurance claim of the parent who pays support. See ORS 18.345.
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    4. How does another state initiate and intercept collections from your states workers compensation agency?
    Submit an AEI (Administrative Enforcement in Interstate) request to Oregon Central Registry at OregonCentralRgistry@doj.state.or.us.
    For Additional Information - No Link Provided
    5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
    No.

    14. Family Violence

    15. CSENet

    1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
    Yes.
    2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
    Yes to both.
    3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)
    Yes.
    4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)
    Yes.
    5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
    Yes.
    6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
    Yes.

    16. Copies Of Orders And Payment Records

    1. What are the procedures and associated costs for obtaining a certified copy of a court order?
    For the fastest response, contact the circuit court that issued the judgment. Individual circuit courts may charge fees. Alternatively, contact the Oregon Child Support Program, and we can request one for you, though an additional delay will result. If you have the case manager's contact information, please contact them directly. Otherwise, you can reach us at: Oregon Child Support Program Central Registry PO Box 14660 Salem OR 97309 Phone: 503-986-0556 Fax: 503-986-0567 Email: OregonCentralRegistry@doj.state.or.us
    For Additional Information - No Link Provided
    2. What are the procedures and associated costs for obtaining a certified payment record?
    Contact the Oregon Child Support Program. There are no associated costs. If you have the case manager's contact information, please contact them directly. Otherwise, you can reach us at: Oregon Child Support Program Central Registry PO Box 14660 Salem OR 97309 Phone: 503-986-0556 Fax: 503-986-0567 Email: OregonCentralRegistry@doj.state.or.us
    For Additional Information - No Link Provided

    17. Uniform Interstate Family Support Act (UIFSA)

    1. What is the statutory citation for your state's enactment of UIFSA?
    Oregon Revised Statutes (ORS) Chapter 110. If needed, cut and paste this link into your browser.
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    2. How does your state define the tribunal (See UIFSA 103)?
    Oregon's tribunals are the circuit court, the administrator as defined in ORS 25.010 and the Department of Justice (in other words, the Oregon Child Support Program), or an administrative law judge in the Office of Administrative Hearings, as appropriate. See ORS 110.504(1). See links below. If needed, cut and paste the links into your browser.
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    3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
    One.
    4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
    No, double-sided is preferred.

    18. International - Reciprocity

    1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
    None.
    2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
    No.
    3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
    Yes.

    19. International Information For Hague Convention Countries

    1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)
    Yes. See ORS 110.655(2)(a). If needed, cut and paste this link into your browser.
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    2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
    Yes, all pleadings and documents except those that are originals, certified, or notarized.
    3. What methods of personal service does your state use?
    Personal service is completed by a sheriff or other public official, by a private contractor, or by program staff in a program office.
    4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
    1. Childcare expenses 2. Extra-curricular activities 3. Attorney fees 4. Cash medical support 5. Extraordinary expenses. Childcare expenses and cash medical support can be included as part of the guideline support amount. A deviation from the guideline amount can be ordered for the extraordinary needs of a child, such as predictable recurring medical expenses or education-related expenses. See ORS 25.280 and OAR 137-050-0760. See links below. If needed, cut and paste the links into your browser.
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    5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
    Yes. Before initiating an enforcement action that is not automatic, an amicable solution is sought with the paying parent, to whom the possibility to make voluntary payments is offered. The use of mediation, conciliation, or similar processes is strongly encouraged and applied based upon the parties' circumstances. The Oregon Child Support Program will attempt to reach agreement between the parties on the terms of an order.
    6. What circumstances will cause your state to end child support before the normal duration?
    1. The child emancipates before age 18 2. The child marries 3. The child is adopted by someone other than the paying parent 4. The paying parent's parental rights have been terminated 5. The child support order states that child support ceases prior to the normal duration.
    For Additional Information - No Link Provided

    20. International Payments

    1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
    By check.
    2. What actions does your state take to reduce the costs and fees associated with international payment processing?
    All payments are processed through a designated authority and upon receipt. Payments under a certain amount are collected, banked, and combined into one payment sent at intervals agreed with the creditor. Specify the amount and currency using the ISO code. Upon customer request, the Oregon Child Support Program will hold small payments until they reach a specific dollar amount and then disburse the money in one check.
    3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
    No.

    21. Tribal Non IV-D

    1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
    Yes.
    1.1. If yes, list the tribes and identify services provided, if less than full services.
    There are nine federally recognized Indian Tribes in the state of Oregon: 1. Burns Paiute Tribe 2. Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians 3. Confederated Tribes of the Grand Ronde 4. Confederated Tribes of Siletz Indians 5. Confederated Tribes of the Umatilla Indian Reservation 6. Confederated Tribes of Warm Springs 7. Coquille Indian Tribe 8. Cow Creek Band of Umpqua Tribe of Indians 9. The Klamath Tribes. The Klamath Tribes and the Confederated Tribes of the Umatilla Indian Reservation have a Tribal IV-D program. The Oregon Child Support Program has a cooperative agreement with the Confederated Tribes of Siletz Indians related to their Tribal TANF program. We work together with Oregon's Tribes to continually enhance the child support services provided to Tribal families. Tribal liaisons are assigned to work with each Oregon Tribe to establish procedures for Tribal courts to use when establishing and enforcing child support obligations that are under Tribal jurisdiction. The liaisons also assist with Tribal TANF and Tribal IV-D programs in Oregon, provide technical assistance and training to Tribal staff, and assist in the development of Tribal-specific policies and procedures. For more information about child support and procedures for working with Oregon Tribes, contact one of the assigned Tribal liaisons. Contact information is available at: OregonChildSupport.gov/Tribal.
    For Additional Information - No Link Provided
    2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
    Yes.

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