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Oregon State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
The Oregon Child Support Program is comprised of the Department of Justice, Division of Child Support and county district attorney offices. There are 14 Division of Child Support offices throughout the state. In 22 of the 36 counties, the District Attorney offices provide IV-D services where support rights are not assigned to a state under a cooperative agreement. In the 14 counties where the District Attorney offices do not provide child support services, the Division of Child Support handles the cases where rights are assigned to a state and the cases where a request for services has been made.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
ORS 25.080 (2)
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No.
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Oregon Revised Statute (ORS) Chapter 110.
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Austria, France, Germany, and Sweden
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
Yes
C2.1. 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. They are: (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; and (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 works together with Oregon's American Indian Tribes in an effort 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, please contact one of the tribal liaisons. Contact information is available at: http://www.oregonchildsupport.gov/resources/pages/tribal.aspx.
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. 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).) **

D. Age of Majority

D1. What is the age of majority in your state?
18 years old and can continue to age 21 if enrolled in school half-time or more.
D2. What is the statutory citation for the age of majority?
Oregon Revised Statute (ORS) 109.510. Oregon Revised Statute (ORS) 107.108 regarding child attending school.
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D3. 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.
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
N/A
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
The support obligation may continue for a child 18,19, or 20 years old who qualifies as a child attending school if the order provides for post-majority support. To qualify as child attending school under ORS 107.108, the adult child must be enrolled in school at least one-half time and be making satisfactory academic progress (as defined by the school). Generally, the child attending school receives an equal share of the support based on the number of children for whom support is ordered, but the court can order support to be divided otherwise, or can order the support to continue to be paid to the "custodial" parent. Support is only owed while the child attends school, but only stops on a parent's objection, and only restarts when the child presents proof of school attendance.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
D8.1 If not, how does this affect interstate referrals?

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
It is 35 years from the date of the judgment that first establishes the support obligation. ORS 18.180(5).
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E2. What is your State's statute of limitations for paternity establishment?
No limit.
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Income shares model
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F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
ORS 82.010 provides a standard 9% simple interest rate for judgments. Interest is added only when a party requests it and provides an accounting that includes a calculation of accrued interest.
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F3. Does your state charge interest on retroactive support?
Yes
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
See F2.1 (same information).
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
See F2.1 (same information). ORS 82.010 provides a standard 9% simple interest rate for judgments. Interest is added only when a party has it established judicially. We will also add interest established by another jurisdiction.
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
Only if the medical debt is reduced to a judgment.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
Oregon recovers the cost for the following fees from the obligee: IRS full collection, federal tax refund intercept, federal administrative offset, the $25.00 annual fee for non-assistance cases, and Oregon Department of Revenue fee for state tax refund intercept. We also charge a $1.00 application fee on non-TANF cases.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
The application fee for non-TANF cases if obligor is the applicant; genetic testing fees if the obligor denied paternity, requested testing, and was included as the father.
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
Fees described in the UIFSA definition of support order when the fees are included in the judgment.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
UIFSA - ORS 110.518.
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Oregon cannot establish or modify spousal support orders. For spousal-only orders, enforcement is limited to income withholding and arrears establishment.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
If relevant to an action to establish support, that information may be required. Failure to include it will not result in rejection of a UIFSA petition.
F10.1. Optional comments regarding required information on spouse or partner.
N/A
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
The fee is imposed on a prorated basis for all family accounts; including from a child 18, 19, or 20 years old who qualifies as a child attending school pursuant to ORS 107.108, and caretaker pay-to accounts. The annual fee is collected from support received and the obligor is given credit for the full amount received. The fee is withheld from the payment to the obligee/caretaker and/or CAS after the first $500 has been collected and disbursed to the family.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes
F11.2 Does your state collect the fee from the person applying for IV-D services?
Yes, assuming that the applicant is the support obligee.
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
Yes - On qualifying international cases
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
10/1/2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
Yes
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
F15. Will your state discontinue eligible assignments under the DRA of 2005?
No
F15.1. If yes, list the eligible assignments your state would discontinue.
N/A
F15.2. When will your state discontinue each type of assignment?
When mandated by federal requirements
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA distribution ordering rules
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
The support rights for any beneficiary receiving TANF is assigned by operation of law in Oregon, whether or not the TANF applicant is the court ordered payee, per ORS 412.024. Also see OAR 137-055-1020 for a definition of "Assignment."
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
OAR 137-055-1020 (3) There is also an assignment of rights to medical support for reimbursement of health care costs for any person who has been granted medical assistance.
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
We either need a voluntary redirect request from the obligee (judgment creditor) or we complete a modification at the request of the child's caretaker (custodian), to join the caretaker to the order.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
We collect it from the obligee's support once $500 has been collected in the year.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
N/A
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes.
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes.

G. Income Withholding

G1. What specific source of income is not subject to withholding?
TANF, Supplemental Security Income (SSI), certain Veterans' Benefits. See ORS 25.010(7) and 25.245
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes
G2.1. If yes, what are those limits?
Withholding plus fee for cases with current support only, current support plus arrears, or arrears support only may not exceed 50% of disposable income unless by court order but still may not exceed CCPA limits. For Oregon claimants of Social Security Disability, Veterans Disability, Black Lung Disability who owe arrears support, the claimant must retain benefits equal to 160 hours multiplied by the federal minimum wage before withholding is calculated from their monthly benefit. See ORS 25.414
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$5 per order per month. For Additional Information - ORS 25.414(6.
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
The withholder must withhold beginning with the first pay period at least five days after the date of the withholding order. But if the employer has already calculated payroll and prepared the paycheck or submitted a deposit for that payroll, the employer must start withholding at the next pay period. ORS 25.411.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within seven business days after paying the obligor. ORS 25.411.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Seek sanctions from the court under ORS 25.424.
G7. What is the penalty to an employer for failure to remit payments withheld?
The court can order an employer to pay the total amount not withheld from pay and potentially recover court costs and additional damages of up to $250 for each occurrence of non-compliance; payable to the court. ORS 25.424.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
Not attachable by direct withholding. Seek withholding of UI by sending UIFSA request for enforcement. For Additional Information, ORS 25.414 and ORS 657.780
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G8.2. What documents are required to intercept UI benefits?
N/A See G8
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
No
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
Contact WC carrier to determine if they will accept a direct withholding. If no, seek withholding of WC by sending UIFSA request for enforcement.
G10. How does an obligor contest income withholding in your state?
An obligor may contest an order to withhold within 30 days from the date that income is first withheld pursuant to withholding order by requesting an administrative review by the issuing agency or appealing to the issuing circuit court. ORS 25.405 and ORS 110.601.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
Prorate current support, then apportion any remaining amount to arrears on all orders. If obligors income is not sufficient to cover all ordered amounts, first pay current support then apply equally to arrears. If obligors income is not sufficient to cover all current support, prorate to current. The employer can send payment with the employee name, social security number, and pay date to the State Disbursement Unit, and the State Disbursement Unit will allocate payment among the employees cases.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
ORS 25.414 is used to determine maximum withholding limit when the obligor's principal place of employment is in Oregon.
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
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.
G13. When does your state require the employer to send notice of an employee's termination?
When termination occurs, notification is required no later than the date that withholder would normally send the payment. ORS 25.421.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
An employer should retain IWO for at least 60 days in case the employee is rehired during that time. Beyond that, employers should consult with an attorney or accountant about how long they should keep IWO as payroll records for terminated employees.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes. Oregon's Employer Services Portal offers a secure web based ACH debit system.
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Employer: A direct income withholding may be sent to any public, private or other income payer to attach earnings. Financial Institution: Not prohibited by Oregon law; however, not all financial institutions will accept a direct levy request. Workers Compensation: Not prohibited by Oregon law; however, some insurers will not accept direct withholdings.
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G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
Collections are allocated to child support and cash medical support on a prorated basis if withheld amounts do not fully meet the total current support. For Additional Information, OAR 137-055-6021(4).
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Oregon allocates collections toward its own arrears before arrears owed to other states.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
OAR 137-055-6024
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
N/A
H2. 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.
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
ORS 109.070(4) 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(45). 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(5). If parentage tests have not been completed, a party may ask the Child Support Program to order parentage tests. ORS 109.070(7), ORS 416.443. 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(7).
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
04/20/1999
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
Prior to 1995, Oregon law allowed paternity to be established by a "joint declaration of paternity." In 1995, Oregon implemented the voluntary acknowledgment of paternity, which "established paternity as a rebuttable presumption for all purposes" subject to parentage testing within a year of the acknowledgment's filing at the request of a party. A 1999 law replaced the rebuttable presumption language with provisions that (1) allowed a party to rescind the acknowledgement within 60 days, and (2) provided for a challenge to the acknowledgment within one year, or at any time if based on fraud, duress, or material mistake of fact. There have been additional refinements (see H3), but this remains the current structure.
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
The parentage of a child established by marriage of the parents to each other at the time of the child's birth or by marriage after the child's birth and the parents' submission of a voluntary acknowledgment of paternity may be challenged in an action or proceeding by the either spouse. Parentage may not be challenged by a person other than the spouses as long as they are married and cohabiting, unless the 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.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
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. A voluntary acknowledgment of paternity may be rescinded or challenged as described above under H3. The marital presumption may be rebutted as described above under H5.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
N/A (see answer to question H6)
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
N/A
H9. Does your state have a putative fathers' registry?
No
H9.1. If yes, what is the name of that entity?
A putative father is required to file a filiation proceeding and file a notice of that action with the Vital Records - Center for Health Statistics office. Form 45-115
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
There are no circumstances under which the fees are waived. Information about fees can be obtained by going to the Vital Records website.
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H11. Is common-law marriage recognized in your state?
Yes
H11.1. If yes, briefly describe the standard that defines common-law marriage.
A common-law marriage established in another state will be recognized in Oregon; Oregon law does not provide for common-law marriage.
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
N/A
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Oregon usually resolves paternity through the administrative process without the need for hearing. If paternity is contested in court, alternate means of appearance depend on the specific venue.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
ORS 110.318.
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
If another state's child support judgment includes an amount for parentage testing fees, we will collect that amount along with current support and arrears pursuant to ORS 110.303(21)(Oregon's UIFSA definitions): Support order means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care, arrearages or reimbursement, and may include related costs and fees, interest, income withholding, attorney fees and other relief.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
For a person born in this state, the State Registrar of the Center for Health Statistics will amend a record of live birth on receipt of a report of adoption as provided in ORS 432.223 or a certified copy of the judgment of adoption; a request that a replacement record of live birth be prepared to establish parentage, as prescribed by the state registrar by rule or ordered by a court of competent jurisdiction in this state that has determined the paternity of a person; a written and notarized request, signed by both parents, acknowledging paternity; or a certified copy of a judgment that indicates that an individual born in this state has completed sexual reassignment and that the sex on the record of live birth must be changed. ORS 432.245. Additionally, a certified copy of a court judgment establishing paternity in another jurisdiction can be submitted to the Center for Health Statistics with the required fee and form.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
A single packet may include multiple children, so long as it includes a paternity affidavit for each child.

I. Support Order Establishment

I1. 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.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
The administrative process is generally used by the Oregon Child Support Program to establish a support order.
I1.2. Under what circumstances would a judicial process would be used?
If the order is appealed or a party requests the case be heard by a judge in a paternity proceeding, we will proceed with judicial process.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
ORS 416.415; ORS 416.400-465 generally.
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
Oregon uses the Income Shares model, which bases the guideline support amount on the incomes of the obligor and obligee. Neither a child's income nor that of a new spouse is a factor in the guideline amount. If the guideline amount is unjust or unreasonable, the court or administrative agency may rebut the presumption in favor of the guideline amount and substitute a just and appropriate figure. For Additional Information - See OAR 137-050-0710 and OAR 137-050-0715
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
The criteria that may be the basis for rebuttal include but are not limited to: Evidence of other available resources of a parent Reasonable necessities of the parent Net income of the parent remaining after withholdings required by law or as a condition of employment A parent's ability to borrow The number and needs of other dependents of a parent Special hardships of a parent including, but not limited to, any medical circumstances or extraordinary travel costs related to the exercise of parenting time or requirements of a reunification plan if the child is in state-financed care, if any, of a parent affecting the parent's ability to pay child support The extraordinary or diminished needs of the child The desirability of the custodial parent remaining in the home as a full-time parent or working less than full-time to fulfill the role of parent and homemaker The tax consequences, if any, to both parents resulting from spousal support awarded, the determination of which parent will name the child as a dependent, child tax credits, or the earned income tax credit received by either parent The financial advantage afforded a parent's household by the income of a spouse or domestic partner The financial advantage afforded a parent's household by benefits of employment including, but not limited to, those provided a family owned corporation or self employment Evidence that a child who is subject to the support order is not living with either parent or is a "child attending school" as defined in ORS 107.108.13 Prior findings in a Judgment, Order, Decree or Settlement Agreement that the existing support award was made in consideration of other property, debt or financial awards The net income of the parent remaining after payment of financial obligations mutually incurred; The tax advantage or adverse tax effect of a party's income or benefits The return of capital The financial costs of supporting a Child Attending School at school
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I4. Will your state establish support orders for prior periods?
No
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
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 feel free to contact the Policy Team at (503) 947-4388 for details before referring your case.
I4.2. What information or documentation does your State require to proceed?
Past support must be requested in conjunction with ongoing support. 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.
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
No
I4.4. 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 only assigned past support must be for a time period of at least four months.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Paternity establishment, support establishment, modification, garnishments, income withholding, license suspension.For Additional Information - ORS chapters 18, 25, and 416, at
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I6. What is your state's statutory authority for the administrative process?
Primarily ORS chapter 416.
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I7. Is there a local state law that allows an interstate administrative subpoena?
Yes. ORS 25.082.
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No. Physical custody is sufficient. For Additional Information - ORS 416.422, at
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No. Physical custody is sufficient.
I10. 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) obtaining a voluntary redirection of payment from the support obligee, 2) joining the new custodian as a payee to the existing order, or 3) modifying the support amount and joining the new custodian. Please see ORS 416.407 and OAR 137-055-3500.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
A modification action.See OAR 137-055-3410
I12. 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 custodian obtain legal custody before a support order is modified or established?
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 416.416 and OAR 137-055-3435
I13. 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 custodian obtain legal custody before support can be redirected to the new payee?
Oregon would not redirect support that a parent is paying back to him/herself if the child's residence changed to the payer. (See answer to question I12.)
I14. What methods of personal service does your state use? **
Copy and paste all that apply: Forward documents needing to be served to the sheriff or other public official. Forward documents needing to be served to a private contractor. Other, please specify. Forward documents needing to be served to the sheriff or other public official. Forward documents needing to be served to a private contractor. Other: Office service.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
Yes
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
All pleadings and documents except those that are originals, certified, or notarized.
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Copy and paste all that apply: Child care expenses. Extra-curricular activities. Attorneys fees. Cash medical support. Extraordinary expenses (explain). Child care 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.
I17. Please provide the relevant statutory or case law citation. **
See OAR 137-050-0700 to 137-050-0765 at:
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
Copy and paste all that apply: The use of mediation, conciliation, or similar processes is mandatory in every child support case. The use of mediation, conciliation, or similar processes is encouraged in every child support case. The use of mediation, conciliation, or similar processes depends upon the facts of the case. Specify. As a general rule, before initiating an enforcement procedure that is not automatic, an amicable solution is sought with the non-custodial parent, to whom the possibility to make voluntary payments is offered. The use of mediation, conciliation, or similar processes depends upon the facts of the case. The Child Support Program will attempt to reach agreement between the parties on the terms of an order.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Administrative.
J2. Is the lien process in your state judicial, administrative, or both?
Administrative.
J2.1. What are the trigger criteria for filing a lien?
Entry of a child support judgment automatically creates a lien in the county where the order is filed. For Additional Information - ORS 18.042(1)
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J2.2. Where are your state liens filed?
There is no centralized lien registration process available through the Oregon judicial system. Real property liens are created by operation of law in the county where another state or tribunal's order is registered or where an Oregon order is entered. For another state or tribunal's order not registered in Oregon, an interstate lien (Notice of Lien) may be recorded with the County Recorder in the county where property is located.
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
Recording Fees: Varies from county to county. Contact Oregon Central Registry at OregonCentralRegistry@doj.state.or.us for specific fees.
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative.
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
When the order is established.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No. For Additional Information - See ORS 25.010(7).
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
No
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
N/A
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
None, but the case must meet all qualifiers/criteria.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
Minimum of $500 delinquency and three(3) months delinquent. Note: The financial institution account balance minimum is $500.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
See J5.1
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes.
J5.3.1. If yes, please provide the time frame.
When Obligor is in Oregon, the time frame is three(3) months.
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
Yes
J5.4.1. If yes, provide the percentage.
It depends on the asset; only a certain portion is eligible for seizure. For garnishments limitations and exemptions, please see ORS 18.345-385, 845.
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
N/A
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
Yes. The account balance must be a minimum of $500.
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
The State (prior to issuing a garnishment (freeze and seize action).
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
30 days. For Additional Information - ORS 18.700.
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J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
N/A
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
When the asset is not the obligor's or there is a property exemption.
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
Oregon has an administrative grievance procedure. The challenge to garnishment is a judicial process.
J5.11. What are your state's penalties for incorrect seizures?
None.
J5.12. Is the second challenge administrative, judicial, or both?
Judicial appeal.
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
The debtor has 30 days from the date of service. ORS 18.700. A joint account holder has appeal rights and the court makes a determination of what is allowable.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized; not automated.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
Oregon pays the financial institution a $15 processing fee for each Writ of Garnishment. ORS 18.790.
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
Yes
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
We have the ability to do this, but currently do not have procedures in place. Generally speaking, ORS 18.600 through 18.850 require a garnishee to hold and deliver property subject to the writ. In some cases, the garnishee may be required to deliver non-liquid property to the sheriff for sale. In other cases, the garnishee may receive a court order requiring them to sell the non-liquid property and distribute the proceeds to the garnishor.
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J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes, garnishees are required to hold and deliver property subject to the writ. For Additional Information,see ORS 18.665.
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J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Seven(7) calendar days.For Additional Information, see ORS 18.680.
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J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Both.
J7. Describe any other administrative enforcement procedures your state may have.
License suspension; and Filing of liens.
J8. Describe any other judicial enforcement procedures your state may have.
Contempt; Criminal non-support; and Security deposit intercept.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
Contact the Oregon Central Registry to request an Interstate Lien packet which contains information and forms for this process. See ORS 18.320-18.325.
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J10. Which of your state's enforcement remedies are available without judicial actions?
See J12 for additional information. All administrative enforcement remedies can be taken without registration of another state or tribunal's support order. These include income withholding, garnishment, license suspension, QMSCO, and withholding of unemployment compensation and worker compensation benefits.
J11. Describe your state's procedures for registering and enforcing another state's order.
If only one foreign support order exists, it may be enforced administratively without first being registered. If the obligor objects to an administrative enforcement action, the other state or tribunal's support order must then be registered before enforcement activity can continue. When multiple support orders exist, no enforcement action may be taken until all orders have been registered and a Determination of Controlling Order has been completed.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
Judicial enforcement remedies that can be taken after registration of another state or tribunal's support order include contempt and QDRO. The Oregon Child Support Program may pursue punitive (criminal) contempt if other enforcement remedies are not successful. The Program is required to provide copies of all statements made by a defendant and any exculpatory information to the defendant. If Oregon is enforcing on behalf of another jurisdiction, a request for that information will be sent to that jurisdiction. Without the requested information, it may not be possible for Oregon to pursue contempt on the case.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
ORS 24.105-24.175.
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J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Obligor must owe past due support that is not a result of an upward modification or the arrears are a result of past support created in an order under ORS 416.422 or ORS 109.155(4). Additional Criteria: must be an active or arrears only case, must have a valid SSN for the obligor, case is not coded good cause, case is not in bankruptcy, must have arrears greater than two times the court ordered amount before we will report for the first time, arrears greater than $25, Oregon must be the responding state if an interstate case. After initial reporting, any arrears amount will be reported at the time of occurrence.
J15. To which credit bureaus does your state report an obligor's child support information?
All.
J16. Is the method for credit bureau reporting judicial, administrative, or both?
No judicial action is required. Judicial review is available, just as with any agency action.
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
Only MSFIDM, FIDM, Workers' Compensation located in Oregon and Oregon unemployment may be done with an AEI; all other actions require the full petition process.
J19. What documentation does your state require to proceed with an AEI request?
Required Documents: Transmittal #3; copy of order(s); complete dependent information (name, SSN, DOB); full certified pay history; verified bank account information; name & address of court with underlying authority over the order.
J20. What mandatory data elements does your state need to process AEI requests?
Name, Address, SSN, DOB, Requesting State case ID, Certified amount of arrears, Monthly obligation, Date of last payment, Requesting State FIPS Code.
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
N/A
J22. How many copies/sets of documents does your state require with an AEI request?
One copy of each document.
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
Greater than $500 arrears; greater than $500 financial institution account balance; & no payment in the last three(3) months.
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
Garnishment (freeze and seize) actions must come from an Oregon Clerk of the Court or the Administrator (Division of Child Support). You may send an interstate garnishment request as a Limited Service/ AEI(Automated Enforcement/Interstate) request.
J25. What is the procedure for obtaining a certified copy of a court order?
For fastest response, contact the circuit court that issued the judgment. Alternatively, contact the Oregon Child Support Program and we can request one for you, though an additional delay will result.
J26. What is the procedure for obtaining a certified payment record?
Contact the Oregon Child Support Program. If you have the case worker's contact information, please contact the case worker directly. Otherwise, you can reach us at: Division of Child Support 4600 25th Avenue NE, Suite 180 Salem, OR 97301 Phone: (503) 373-7300 Fax: (503) 986-6147
J27. Is there a cost for requesting a certified copy of a court order or payment record?
Individual circuit courts may charge fees.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
Please see J29 for the conditions under which Oregon may suspend a driver license for support non-payment.
J29. What triggers a driver's license revocation?
Oregon may begin the license suspension process when support arrears reach the greater of three months of support or $2,500. This applies to both active and arrears only cases. The obligor 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; OAR 137-055-4420.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes.
J29.2 If yes, what is the amount?
The greater of three months of support or $2,500.
J30. Under what conditions may a noncustodial party restore the driver's license?
When the conditions of the suspension no longer apply (arrears are under the threshold or the obligor has entered into and/or complied with an agreement).
J30.1 What is the process for restoring a driver's license?
A notice is sent to the issuing agency, with copies to the parties, advising the case no longer qualifies for suspension. It is then up to the obligor to meet any additional requirements for reinstatement as set by the issuing agency (including payment of any fee).
J31. Does your state allow temporary or conditional driver's licenses?
No
J31.1 If yes, what are the conditions?
N/A
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
Optional. Oregon permits non-custodial parents to enter into compliance agreements to avoid suspension or obtain reinstatement. Non-compliance within one year of entering into an agreement may result in immediate suspension.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes.
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes.
J33.2 What is the dollar amount?
$150.00 if arrears are assigned to the state. $500.00 if arrears are not assigned to the state.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
No
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A.
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No.
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A.
J36.2 What is the dollar amount?
N/A.
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A.
J38.2 What is the dollar amount?
N/A.
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
The child support obligation may be reduced dollar for dollar in consideration of any Social Security or apportioned Veterans benefits. See OAR 137-050-0740.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
On request, Oregon will modify 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. OAR 137-055-3420, and ORS 25.287(1),(5)
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K2. Briefly describe your state's modification procedure.
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 an administrative motion to modify on the parties. An administrative hearing is available. If there is no hearing request within thirty days, we sign the administrative order, it becomes final, and we file it in court. The parties have sixty days from entry in court to appeal. On appeal, the court reviews the modification de novo, rather than reviewing specific assignments of error. See: ORS 416.425 OAR 137-055-3430
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
On request, the 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%-$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).
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
A change in parenting time, custody, to include or remove a subsequent child to the parties, or a variety of other reasons. Please see OAR 137-055-3430(3).
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
The child support obligation may be reduced dollar for dollar in consideration of any Social Security or apportioned Veterans benefits paid to the child, or to a representative payee administering the funds for the childs use and benefit, as a result of the obligor's disability or retirement. Adjustment to child support obligation: ORS 25.275(4)(b). OAR 137-050-0740. Credit against child support arrears: ORS 416.425(8)(b). OAR 137-055-5520.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
Yes
K7.1. If yes, explain the circumstances?
Oregon may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or judgment, during which the obligor, with the knowledge and consent of the obligee 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) independently of a request for modification, for any time period within two years prior to the date of the request.
K7.2. What is the statutory citation for your abatement law?
ORS 416.425(8)(b) and OAR 137-055-5510
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K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
Contact Oregon Central Registry at OregonCentralRegistry@doj.state.or.us for information.
For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Requests for copies should be made directly to Oregon Vital Records-Center for Health Statistics: http://public.health.oregon.gov/BirthDeathCertificates/pages/index.aspx. Cost is $20 by regular mail.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Transmittal, two copies of order (including one certified copy), registration statement, and a sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Collect at last court-ordered amount. Reduced income withholding is available in some cases based on the obligor's need to support himself or herself or another child. See ORS 25.414.
K10. What circumstances will cause your state to end child support before the normal duration? **
Copy and paste all that apply: The child emancipates before the normal duration. The child is no longer under the care of the custodial parent and there is no decision re-directing payments to someone else. The child marries. The child is adopted by someone other than the non-custodial parent. The child has been removed from the family and is a civil ward of the state. The child support order states that child support ceases prior to the normal duration. The child enters into military service prior to the normal duration. The child emancipates before the normal duration. The child is deceased. The child marries. The child is adopted by someone other than the non-custodial parent. The child has been removed from the family and is a civil ward of the state provided parental rights have been terminated. The child support order states that child support ceases prior to the normal duration. The child enters into military service prior to the normal duration.

L. Payments

L1. Does your state define a lump sum payment?
Yes
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
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.
L1.2 Provide the statutory citation.
ORS 25.414(4)
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L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
N/A
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A
L4. How are employers instructed to report a pending lump sum?
N/A
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
-Writ of Garnishment -Income Withholding Order
L8. What other documents does your state use to attach lump sum payments?
Workers compensation withholding order
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
Oregon imposes a 50% limit. In contrast to the CCPA, there are no special, higher limits for an obligor supporting another family.
L9.1. If yes, what are those limits?
When withholding is from a lump sum payment or benefit, including but 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 or benefit. ORS 25.414(4)
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
Please see L9 and L9.1.
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
See L9 and L9.1.
L9.4. If no, what percentage is the employer required to withhold?
See L9 and L9.1.
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
Oregon does not use a vendor for direct deposit services. Oregon independently manages our direct deposit program through a partnership with the Oregon State Treasury.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
US Bank.
L12. Does your state have a debit card program?
No.
L12.1 If so, specify the vendor.
N/A
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
Fees charged by the vendor (not the Oregon Child Support Program): US Bank teller & ATMs are free; Non US bank transactions two free transactions each month ; additional transactions $2.00 per transaction; Non US Bank ATMs may also charge a separate fee for the use of their ATM; Inactivity Fee $2.00 per month until card is used or $0 balance (only charged if card is not used for 365 straight days); Card Replacement Fee is free (expedited delivery is $15.00).
L13.1 If so, are there fees involved?
N/A
L14. What are the fees associated with using the card?
N/A
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location. Payment may be made by preauthorized withdrawal from a financial institution account. Payments may be made by income withholding. Payments may be made by check or warrant. Payments may be made by credit card. Payments may be made by electronic funds transfer. Payments may be made in cash. Payments may be made by income withholding. Payments may be made by check or warrant. Payments may be made by credit card. Payments may be made in cash. Oregons system does not currently meet the NACHA requirements for international ACH.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be by check. Payments may be by electronic funds transfer. Other (specify): Payments may be by check.
L17. 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. All payments are processed 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. Other (specify): All payments are processed upon receipt. Other: 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.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
N/A
L19. What is your state's International Bank Account Number (IBAN)? **
N/A

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - No Link Provided
M1.1. Additional information on the CCPA.

For Additional Information - No Link Provided
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
Yes
M2.1. If yes, provide the statutory citation
ORS 25.640 to 25.646 as amended by Senate Bill 510 (2017).
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
Name, address, Social Security number or other taxpayer identification number and other identifying information for each obligor who has a claim with the insurer.
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
Three business days unless the information has been previously provided.
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
The obligor must be asserting a claim for insurance benefits or payments of at least $500, not including a claim for property damage, under a liability insurance policy or uninsured motorist insurance policy issued by an insurance company authorized to do business in Oregon.
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
No.
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
The insurer must either enter into an agreement with the Oregon Department of Justice to develop and operate a data match system using automated data exchanges, or participate in the data match process administered by the federal Office of Child Support Enforcement. OAR 135-055-4510
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
Yes. See answer to M2.5 above.
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
No.
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
Yes. ORS 25.646.
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
N/A
M3.1. Provide the statutory citation.
N/A
For Additional Information - exit disclaimer
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
Writ of garnishment
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
The person who delivered the writ of garnishment must mail or deliver a copy to the obligor (NCP).
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
ORS 18.658
For Additional Information - exit disclaimer
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
Thirty Days ORS 18.700
For Additional Information - exit disclaimer
M6. Are there attorney fees associated with the insurance intercept activity?
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
Submit an AEI request to Central Registry
M7.1. What is the process, the points of contact, and what forms?
Contact Oregon Central Registry at OregonCentralRegistry@doj.state.or.us for information.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state 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)
Yes
N4. Does your state 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)
Yes