Or. Admin. R. 137-055-2045 - Spousal Support

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

(1) For the purposes of this rule, the following apply:
(a) A "spousal support only case" is a non-IV-D case as defined in OAR 137-055-1070, in which there is a continuing spousal support obligation and no current child support obligation or child support arrears.
(b) "Public assistance" means Supplemental Nutrition Assistance Program benefits, general assistance, medical assistance, assistance for seniors and people with physical disabilities, Temporary Assistance for Needy Families, aid to the blind, aid to the permanently and totally disabled, and any other assistance granted by the Department of Human Services or the Oregon Health Authority, in accordance with state and federal laws.
(2) When an Oregon judgment or order for spousal support only is received, the judgment does not include child support, the order seeks collection, accounting, distribution, disbursement and enforcement services, and the obligee has applied for services with proof they are receiving public assistance, the administrator will:
(a) Create a non-IV-D case as defined in OAR 137-055-1070;
(b) Initiate income withholding under ORS 25.372 to 25.427 for current support only; and
(c) Maintain a record of the dollar amounts received and disbursed. No other accounting services or legal actions will be provided. Arrears will not be enforced.
(3) If spousal support was being enforced in combination with child support on a IV-D case, but the case no longer qualifies for IV-D services because there is neither a current child support obligation nor child support arrears owed:
(a) The administrator will close the IV-D case and notify parties; and
(b) The obligee may apply for non-IV-D services if they receive public assistance and if there is a continuing spousal support obligation.
(A) Upon receipt of an application for services with proof the obligee is receiving public assistance, the administrator will proceed as provided in subsections (2)(a) through (c) of this rule.
(B) Any arrears that have accrued on a IV-D case will not be enforced on a spousal support only non-IV-D case.
(4) New spousal support only cases in which the obligee is receiving assistance will be assigned to the appropriate Division of Child Support office for provision of services as required by ORS 25.381.
(5) If the obligee is no longer receiving public assistance, the administrator will initiate the process for closing a spousal support only case.
(6) Regardless of whether the obligee is receiving public assistance, the administrator will initiate the process for closing a spousal support only case if any of the following apply:
(a) There is no known employer for the obligor, no active income withholding in place, and a payment has not been received within the last six months;
(b) The obligee requests case closure;
(c) The obligee or obligor dies;
(d) There is no longer a current spousal support order;
(e) The obligor cannot pay support for the duration of the order because the obligor is institutionalized in a psychiatric facility, incarcerated with no chance for parole, or has a medically verified total and permanent disability with no evidence of support potential and is without income for withholding;
(f) The obligor is a citizen of, and lives in, a foreign country, does not work for the federal government or for a company or state with headquarters in or offices in the United States, and has no reachable income for withholding in the United States;
(g) The obligor's sole income source is from Supplemental Security Income (SSI), or both SSI payments and either Social Security Disability Insurance (SSDI) benefits or Social Security Retirement (SSR) benefits;
(h) The administrator has lost contact with the obligee; or
(i) The obligee fails to cooperate in any manner necessary or helpful in providing these services.
(7) The administrator will document the justification for case closure by a notation on the case record.

Notes

Or. Admin. R. 137-055-2045
DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07; DOJ 9-2014, f. & cert. ef. 5-22-14; DOJ 6-2017, amend filed 10/06/2017, effective 10/06/2017; DOJ 5-2020, minor correction filed 02/05/2020, effective 2/5/2020; DOJ 1-2021, amend filed 01/06/2021, effective 1/7/2021; DOJ 17-2021, amend filed 12/01/2021, effective 12/3/2021

Statutory/Other Authority: ORS 180.345

Statutes/Other Implemented: ORS 25.381

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