25.020 When support payment to be made to Department of Justice; collection agency services; duties of department; credit for payments not made to department; rules

25.025 Annual notice to parties receiving services under ORS 25.020

25.030 When payment payable to bank account or escrow agent

25.070 Order may include payment of support enforcement fees; limitation

25.075 Cooperative agreements with Indian tribes or tribal organizations

25.080 Entity primarily responsible for support enforcement services; duties; application fees; rules

25.081 Access to records with Social Security number

25.082 Administrative subpoenas; civil penalty; rules

25.083 High-volume automated administrative enforcement services

25.085 Service on obligee; methods

25.089 Enforcement and modification of child support judgments

25.091 Multiple child support judgments

25.100 Transfer of files to county where party resides or property located

25.110 Jurisdiction of circuit court in county to which files transferred

25.125 Disposition of support obligation overpayments; rules

25.130 Election of alternative support payment method; termination of election

25.140 Copies of new or modified support orders to department

25.150 Department to collect fees for services

25.160 Referral of support cases by district attorney to department; duration of collection services

25.164 Payment of support through Department of Justice

25.167 Procedure for determining arrearages

25.170 Proceedings to require delinquent obligor to appear for examination of financial circumstances

25.180 Examination of obligor’s financial circumstances

25.190 Continuance of proceedings; certification of matter to court; service of notice to obligor and obligee

25.200 Arrest of obligor for failure to appear

25.210 Use of obligor’s property for delinquent support payments

25.213 Assignment of proceeds of insurance policy to secure support obligation

25.220 Computer printouts of administrator; evidence of authenticity not required in support proceedings; evidentiary effect

25.230 Court authorized to require security for support payments

25.240 Order to pay support by parent with legal custody of minor

25.243 Grievance procedure; rules

25.245 Rebuttable presumption of inability to pay child support when parent receiving certain assistance payments; rules

25.260 Confidentiality of records; rules

25.265 Access to information in Federal Parent Locator Service; rules

FORMULA FOR DETERMINING AMOUNT OF CHILD SUPPORT

25.270 Legislative findings

25.275 Formula for determining child support awards; criteria to be considered; mandated standards; reduction; rules

25.280 Formula amount presumed correct; rebuttal of presumption; criteria

25.287 Proceedings to modify orders to comply with formula; when proceeding may be initiated; issues considered

25.290 Determining disposable income of obligor; offsets; rules

HEALTH CARE COVERAGE

25.321 Definitions for ORS 25.321 to 25.343

25.323 Health care coverage; rules

25.325 Enforcing health care coverage

25.327 Service of medical support notice

25.329 Actions required after service of medical support notice; rules

25.331 Obligation to withhold

25.333 Contesting medical support notice

25.335 Termination of support order

25.337 Liability

25.339 Priority of medical support notice

25.341 Notice of termination of employer’s relationship with providing party

25.343 Authorization for reimbursement payments

INCOME WITHHOLDING AND PAYMENT RECORDS

25.372 Applicability

25.375 Priority of withholding

25.378 Payment of support by income withholding; initiation of income withholding

25.381 Establishing income withholding as method of paying support; records

25.384 Statement on withholding in support order

25.387 Withholding more than amount authorized by law

25.390 Amendment of support order not required for withholding

25.393 Remedy additional to other remedies

25.396 Exception to withholding; termination of withholding; rules

25.399 Notice of order to withhold; contents of notice

25.402 Service of order on withholder; contents

25.405 Contesting order to withhold; basis

25.408 Withholding is continuing obligation

25.411 When withholding begins; payment to Department of Justice or obligee

25.414 Standard amount to be withheld; processing fee; rules

25.417 Amount to be withheld when obligor paid more frequently than monthly

25.421 Procedure if withholder does not withhold support

25.424 Liability of withholder for withholding and for failing to withhold; unlawful employment practice

25.427 Rules

INCOME TAX INTERCEPT

25.610 Procedure to collect support orders from state tax refunds; voluntary withholding; rules

25.620 Procedures to collect past due support from state tax refunds; fees

25.625 Federal tax offset; passport denial; rules

DISCLOSURES OF INFORMATION BY FINANCIAL INSTITUTIONS

25.640 Definitions for ORS 25.643 and 25.646

25.643 Disclosure of information on obligors by financial institutions; fees; liability

25.646 Disclosure of financial records of customers by financial institutions; liability

CONSUMER REPORTING AGENCIES

25.650 Information on past due support to consumer reporting agencies; rules

LIENS ON PERSONAL PROPERTY

25.670 Judgment lien on personal property

25.680 Effect of lien; priority

25.690 Foreclosure of lien

MISCELLANEOUS

25.710 Duty of district attorney

25.715 Child support paid from security deposit

25.720 When support assignable

25.725 Child Support Deposit Fund

25.727 Garnishing income of person required to provide health insurance for child eligible under Medicaid

25.729 Application of laws to effectuate purposes of ORS chapter 110

SUSPENSION OF OCCUPATIONAL AND DRIVER LICENSES

25.750 Suspension of licenses, certificates, permits and registrations; when authorized; rules

25.752 Memberships in professional organizations that are required by state law

25.756 Identifying persons holding licenses, certificates, permits and registrations

25.759 Notice to persons subject to suspension; contents

25.762 Agreement between obligor and administrator; effect of failure to contest suspension or to enter into agreement

25.765 Procedure if obligor contacts administrator within time limits; hearing

25.768 Judicial review of order

25.771 Obligor holding more than one license, certificate, permit or registration

25.774 Reinstatement

25.777 Reimbursing issuing entities for costs incurred

25.780 Other licenses, certificates, permits and registrations subject to suspension

25.783 Confidentiality of information

25.785 Issuing entities to require Social Security number

EMPLOYER REPORTING PROGRAM

25.790 Hiring or rehiring individual; report required; contents

25.792 Confidentiality

25.794 Verification of employment; information about compensation and benefits; rules

PENALTIES

25.990 Penalties

GENERAL PROVISIONS

25.010 Definitions for support enforcement laws. As used in ORS chapters 25, 107, 109 and 416 and any other statutes providing for support payments or support enforcement procedures, unless the context requires otherwise:

(1) “Administrator” means either the Administrator of the Division of Child Support of the Department of Justice or a district attorney, or the administrator’s or a district attorney’s authorized representative.

(2) “Child” has the meaning given that term in ORS 110.303.

(3) “Child support rights” means the right to establish or enforce an obligation imposed or imposable by law to provide support, including but not limited to medical support and an unsatisfied obligation to provide support.

(4) “Department” means the Department of Justice.

(5) “Disposable income” means that part of the income of an individual remaining after the deduction from the income of any amounts required to be withheld by law except laws enforcing spousal or child support and any amounts withheld to pay medical or dental insurance premiums.

(6) “Employer” means any entity or individual who engages an individual to perform work or services for which compensation is given in periodic payments or otherwise.

(7) “Income” is any monetary obligation in excess of $4.99 after the fee described in ORS 25.414 (6) has been deducted that is in the possession of a third party owed to an obligor and includes but is not limited to:

(a) Compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus or otherwise;

(b) Periodic payments pursuant to a pension or retirement program;

(d) Interest payments;

(e) Periodic payments from a trust account;

(f) Any program or contract to provide substitute wages during times of unemployment or disability;

(g) Any payment pursuant to ORS chapter 657; or

(h) Amounts payable to independent contractors.

(8) “Obligee” has the meaning given that term in ORS 110.303.

(9) “Obligor” has the meaning given that term in ORS 110.303.

(10) “Order to withhold” means an order or other legal process that requires a withholder to withhold support from the income of an obligor.

(11) “Public assistance” has the meaning given that term in ORS 416.400.

(12) “Withholder” means any person who disburses income and includes but is not limited to an employer, conservator, trustee or insurer of the obligor. [Formerly 23.760; 1991 c.362 §1; 1993 c.798 §4; 1995 c.608 §1; 1997 c.704 §13; 1999 c.80 §1; 2001 c.334 §2; 2001 c.455 §1; 2003 c.572 §2; 2005 c.560 §1]

25.011 “Address” defined. As used in ORS chapters 25, 106, 107, 108, 109, 110 and 416, when a person is required to provide an address, “address” means a residence, mailing or contact address in the same state as the person’s home. [1993 c.448 §1; 1995 c.608 §25]

Note: 25.011 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

25.015 When payment on support order begins; determining; notification of date. (1) The Department of Justice shall notify the parties to a support order that payment is to commence on the first due date following the date of the notice when:

(a) The department receives a copy of a support order of a court that requires payments to be made through the department or for which there is an application for support enforcement services;

(b) The department commences accounting services; and

(2) The department shall include in the notice under subsection (1) of this section a statement that no later than 60 days after the date of the notice the department shall adjust the account to reflect an accrued arrearage for the period of time between the effective date of the order and the date of the notice unless a party requests that the department establish the arrearage on the account as provided in ORS 25.167 or 416.429.

(3) If, within 60 days after the date of the notice under subsection (1) of this section, a party requests the department to establish the arrearage as provided in ORS 25.167 or 416.429, the department may not reflect an accrued arrearage on the account until the arrearage has been established.

(4) If a party does not request the department to establish the arrearage as provided in subsection (3) of this section, the department shall adjust the account to reflect the arrearage for the period of time between the effective date of the order and the date of the notice. [1997 c.500 §2; 1999 c.18 §4]

25.020 When support payment to be made to Department of Justice; collection agency services; duties of department; credit for payments not made to department; rules. (1) Support payments for or on behalf of any person that are ordered, registered or filed under this chapter or ORS chapter 107, 108, 109, 110, 416, 419B or 419C, unless otherwise authorized by ORS 25.030, shall be made to the Department of Justice as the state disbursement unit:

(a) During periods for which support is assigned under ORS 412.024, 418.032, 419B.406 or 419C.597;

(b) As provided by rules adopted under ORS 180.345, when public assistance is provided to a person who receives or has a right to receive support payments on the person’s own behalf or on behalf of another person;

(d) For any period during which support enforcement services are provided under ORS 25.080;

(e) When ordered by the court under ORS 419B.400;

(f) When a support order that is entered or modified on or after January 1, 1994, includes a provision requiring the obligor to pay support by income withholding; or

(g) When ordered by the court under any other applicable provision of law.

(2) The Department of Justice shall disburse payments, after lawful deduction of fees and in accordance with applicable statutes and rules, to those persons and entities that are lawfully entitled to receive such payments.

(3)(a) When the administrator is providing support enforcement services under ORS 25.080, the obligee may enter into an agreement with a collection agency, as defined in ORS 697.005, for assistance in collecting child support payments.

(b) The Department of Justice:

(A) Shall disburse support payments, to which the obligee is legally entitled, to the collection agency if the obligee submits the completed form referred to in paragraph (c)(A) of this subsection to the department;

(B) May reinstate disbursements to the obligee if:

(i) The obligee requests that disbursements be made directly to the obligee;

(ii) The collection agency violates any provision of this subsection; or

(iii) The Department of Consumer and Business Services notifies the Department of Justice that the collection agency is in violation of the rules adopted under ORS 697.086;

(C) Shall credit the obligor’s account for the full amount of each support payment received by the department and disbursed to the collection agency; and

(D) Shall develop the form referred to in paragraph (c)(A) of this subsection, which shall include a notice to the obligee printed in type size equal to at least 12-point type that the obligee may be eligible for support enforcement services from the department or the district attorney without paying the interest or fee that is typically charged by a collection agency.

(A) Provide to the department, on a form approved by the department, information about the agreement with the collection agency; and

(B) Promptly notify the department when the agreement is terminated.

(d) The collection agency:

(A) May provide investigative and location services to the obligee and disclose relevant information from those services to the administrator for purposes of providing support enforcement services under ORS 25.080;

(B) May not charge interest or a fee for its services exceeding 29 percent of each support payment received unless the collection agency, if allowed by the terms of the agreement between the collection agency and the obligee, hires an attorney to perform legal services on behalf of the obligee;

(C) May not initiate, without written authorization from the administrator, any enforcement action relating to support payments on which support enforcement services are provided by the administrator under ORS 25.080; and

(D) Shall include in the agreement with the obligee a notice printed in type size equal to at least 12-point type that provides information on the fees, penalties, termination and duration of the agreement.

(e) The administrator may use information disclosed by the collection agency to provide support enforcement services under ORS 25.080.

(4) The Department of Justice may immediately transmit to the obligee payments received from any obligor without waiting for payment or clearance of the check or instrument received if the obligor has not previously tendered any payment by a check or instrument that was not paid or was dishonored.

(5) The Department of Justice shall notify each obligor and obligee by mail when support payments shall be made to the department and when the obligation to make payments in this manner shall cease.

(6)(a) The administrator shall provide information about a child support account directly to a party to the support order regardless of whether the party is represented by an attorney. As used in this subsection, “information about a child support account” means the:

(A) Date of issuance of the support order.

(B) Amount of the support order.

(D) Dates and amounts of disbursements.

(E) Payee of any disbursements.

(F) Amount of any arrearage.

(G) Source of any collection.

(b) Nothing in this subsection limits the information the administrator may provide by law to a party who is not represented by an attorney.

(7) Any pleading for the entry or modification of a support order must contain a statement that payment of support under a new or modified order will be by income withholding unless an exception to payment by income withholding is granted under ORS 25.396.

(8)(a) Except as provided in paragraphs (d) and (e) of this subsection, a judgment or order establishing paternity or including a provision concerning support must contain:

(A) The residence, mailing or contact address, Social Security number, telephone number and driver license number of each party;

(B) The name, address and telephone number of all employers of each party;

(D) Any other information required by rule adopted by the Chief Justice of the Supreme Court under ORS 1.002.

(b) The judgment or order shall also include notice that the obligor and obligee:

(A) Must inform the court and the administrator in writing of any change in the information required by this subsection within 10 days after the change; and

(B) May request that the administrator review the amount of support ordered after three years, or such shorter cycle as determined by rule of the Department of Justice, or at any time upon a substantial change of circumstances.

(c) The administrator may require of the parties any additional information that is necessary for the provision of support enforcement services under ORS 25.080.

(d)(A) Upon a finding, which may be made ex parte, that the health, safety or liberty of a party or child would unreasonably be put at risk by the disclosure of information specified in this subsection or by the disclosure of other information concerning a child or party to a paternity or support proceeding or if an existing order so requires, a court or administrator or administrative law judge, when the proceeding is administrative, shall order that the information not be contained in any document provided to another party or otherwise disclosed to a party other than the state.

(B) The Department of Justice shall adopt rules providing for similar confidentiality for information described in subparagraph (A) of this paragraph that is maintained by an entity providing support enforcement services under ORS 25.080.

(e) The Chief Justice of the Supreme Court may, in consultation with the Department of Justice, adopt rules under ORS 1.002 to designate information specified in this subsection as confidential and require that the information be submitted through an alternate procedure to ensure that the information is exempt from public disclosure under ORS 192.502.

(9)(a) Except as otherwise provided in paragraph (b) of this subsection, in any subsequent child support enforcement action, the court or administrator, upon a showing of diligent effort made to locate the obligor or obligee, may deem due process requirements to be met by mailing notice to the last-known residential, mailing or employer address or contact address as provided in ORS 25.085.

(b) Service of an order directing an obligor to appear in a contempt proceeding is subject to ORS 33.015 to 33.155.

(10) Subject to ORS 25.030, this section, to the extent it imposes any duty or function upon the Department of Justice, shall be deemed to supersede any provisions of ORS chapters 107, 108, 109, 110, 416, 419A, 419B and 419C that would otherwise impose the same duties or functions upon the county clerk or the Department of Human Services.

(11) Except as provided for in subsections (12), (13) and (14) of this section, credit may not be given for payments not made to the Department of Justice as required under subsection (1) of this section.

(12) The Department of Justice shall give credit for payments not made to the department:

(a) When payments are not assigned to this or another state and the obligee and obligor agree in writing that specific payments were made and should be credited;

(b) When payments are assigned to the State of Oregon, the obligor and obligee make sworn written statements that specific payments were made, canceled checks or other substantial evidence is presented to corroborate their statements and the obligee has been given prior written notice of any potential criminal or civil liability that may attach to an admission of the receipt of assigned support;

(c) When payments are assigned to another state and that state verifies that payments not paid to the department were received by the other state; or

(d) As provided by rule adopted under ORS 180.345.

(13) An obligor may apply to the Department of Justice for credit for payments made other than to the Department of Justice. If the obligee or other state does not provide the agreement, sworn statement or verification required by subsection (12) of this section, credit may be given pursuant to order of an administrative law judge assigned from the Office of Administrative Hearings after notice and opportunity to object and be heard are given to both obligor and obligee. Notice shall be served upon the obligee as provided by ORS 25.085. Notice to the obligor may be by regular mail at the address provided in the application for credit. A hearing conducted under this subsection is a contested case hearing and ORS 183.413 to 183.470 apply. Any party may seek a hearing de novo in the circuit court.

(14) Nothing in this section precludes the Department of Justice from giving credit for payments not made to the department when there has been a judicially determined credit or satisfaction or when there has been a satisfaction of support executed by the person to whom support is owed.

(15) The Department of Justice shall adopt rules that:

(a) Direct how support payments that are made through the department are to be applied and distributed; and

(b) Are consistent with federal regulations. [Formerly 23.765; 1991 c.724 §19; 1993 c.33 §366; 1993 c.448 §2; 1993 c.596 §1; 1995 c.608 §2; 1997 c.704 §14; 1999 c.18 §1; 1999 c.80 §42; 1999 c.798 §1; 2001 c.322 §1; 2001 c.455 §§2,3; 2001 c.961 §1; 2003 c.73 §17a; 2003 c.75 §23; 2003 c.380 §§6,7; 2003 c.421 §§1,2; 2003 c.572 §3; 2003 c.576 §§292,293a; 2005 c.561 §2; 2007 c.878 §1]

Note: The amendments to 25.020 by section 10, chapter 861, Oregon Laws 2007, become operative October 1, 2008. See section 25, chapter 861, Oregon Laws 2007. The text that is operative on and after October 1, 2008, is set forth for the user’s convenience.

25.020. (1) Support payments for or on behalf of any person that are ordered, registered or filed under this chapter or ORS chapter 107, 108, 109, 110, 416, 419B or 419C, unless otherwise authorized by ORS 25.030, shall be made to the Department of Justice as the state disbursement unit: