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
Statutory/Other Authority: ORS 180.345
Statutes/Other Implemented: ORS 25.381
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