Or. Admin. R. 137-055-1100 - Continuation of Services

Current through Register Vol. 61, No. 4, April 1, 2022

(1) When a family's assistance grant is closed, services under ORS 25.080 will automatically be continued. The Division of Child Support (DCS) will notify the support obligee and any child attending school under 107.108 and OAR 137-055-5110, in writing, of the services to be provided and the consequences of receiving those services, including a listing of available services, fees, the state's policy on cost recovery and its distribution policies. The Division of Child Support will notify the obligee, and the child attending school that subject to the obligor or chlid attending school's right to request services:
(a) An obligee or applicant for services may request that support enforcement services no longer be provided. If the obligee or applicant so requests, and there is no assignment of arrears to the state, case closure procedures pursuant to OAR 137-055-1120 may be initiated.
(b) An obligee may also request under OAR 137-055-1090 that support enforcement services no longer be provided for either the obligee or the state.
(c) A child attending school who is an applicant for services may, under subsection (1)(a), request that support enforcement services no longer be provided on his or her behalf. A child attending school who is not an applicant for services may discontinue all support enforcement services on his or her behalf by redirecting his or her support to the obligee under OAR 137-055-5110(4)(b).
(2) In cases where current child support is not assigned to the state but medical support is assigned to the state, the obligee may elect to not pursue establishment of a child support obligation other than medical child support. In those cases, if the obligee so elects, the administrator will provide only those services necessary to establish and enforce an order for medical child support, including establishment of paternity where necessary.
(3) If a case has been closed pursuant to this rule, an obligee or applicant may at any time request the child support case be reopened by completing a new application for services.
(4) If a case is reopened or reactivated after it was closed or enforcement of support was suspended, the administrator may immediately resume enforcement of the case balance the administrator stopped enforcing at the time the case was closed or enforcement of support was suspended.

Notes

Or. Admin. R. 137-055-1100
AFS 34-1986(Temp), f. & ef. 4-14-86; AFS 65-1986, f. & ef. 9-19-86; AFS 28-1988, f. & cert. ef. 4-5-88; AFS 66-1989, f. 11-28-89, cert. ef. 12-1-89, Renumbered from 461-035-0054; AFS 23-1997, f. 12-29-97, cert. ef. 1-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0055; AFS 28-2001, f. 12-28-01, cert. ef. 1-1-02; AFS 15-2002, f. 10-30-02, ef. 11-1-02; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-1100; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-1100; DOJ 4-2005, f. & cert. ef. 4-1-05; DOJ 9-2005, f. & cert. ef. 10-3-05; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 6-2006, f. & cert. ef. 10-2-06; DOJ 1-2007, f. & cert. ef. 1-2-07; DOJ 12-2009, f. & cert. ef. 10-1-09; DOJ 13-2011, f. 12-30-11, cert. ef. 1-3-12; DOJ 7-2014, f. & cert. ef. 4-1-14; DOJ 6-2017, amend filed 10/06/2017, effective 10/06/2017; DOJ 5-2018, minor correction filed 03/28/2018, effective 3/28/2018; DOJ 13-2021, minor correction filed 11/12/2021, effective 11/12/2021; DOJ 15-2021, minor correction filed 11/18/2021, effective 11/18/2021; DOJ 20-2021, minor correction filed 12/30/2021, effective 12/30/2021

Statutory/Other Authority: ORS 25.080 & 180.345

Statutes/Other Implemented: ORS 25.080

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