Current through Register Vol. 61, No. 4, April 1, 2022
For purposes of this rule the following
(a) "Past support" means
the amount of child support that could have been ordered based on the Oregon
Child Support Guidelines and accumulated as arrears against a parent for the
benefit of a child for any period of time during which the child was not
supported by the parent and for which period no support order was in
(b) "Supported by the
parent" in subsection (1)(a) means payments in cash or in kind in amounts or
in-kind value equal to the amount that would have accrued under the Oregon
Child Support Guidelines from the obligor to the obligee for purposes of
support of the child.
Oregon Child Support Guidelines means the formula for calculating child support
specified in ORS
(2) The administrator may
establish "past support" when establishing a child support order under ORS
25.501 to 25.556.
(3) When an
obligor has made payments in cash or in kind to an obligee for the support of
the child during the period for which a judgment for past support is sought,
and providing that those payments were in amounts equal to or exceeding the
amount of support that would have been presumed correct under the Oregon Child
Support Guidelines, no past support will be ordered.
(4) When such payments as described in
section (3) were made in amounts less than the amount of support presumed
correct under the Oregon Child Support Guidelines, the amount of the past
support judgment will be the correct amount presumed under the Oregon Child
Support Guidelines minus any amounts of support paid.
The obligor must provide evidence of such
payments as described in sections (3) and (4) by furnishing copies of:
(a) Canceled checks;
(b) Cash or money order receipts;
(c) Any other type of funds transfer
(e) Verification of
payments from the obligee;
other record of payment deemed acceptable by the administrator.
(6) The administrator may decide
whether to accept evidence of such cash or in-kind support payments for
purposes of giving credit for them. If any party disagrees, the past support
calculation may be appealed to an administrative law judge as provided in ORS
(7) Past support may not be
ordered for any period of time prior to the first day of the month the Notice
and Finding of Financial Responsibility and proposed Order Establishing Support
are issued. For any month or part of a month for which past support is ordered,
the amount of support shall be a full month increment and shall not be
(8) If the parties are
filing for annulment, dissolution or separation under ORS
and a judgment will be entered for months when the proceeding was pending, any
order for past support may only include amounts owed for a time period not
already addressed in the judicial action.
(9) If the order to be entered does not
include current support and the past support would be owed only to the State of
Oregon or another jurisdiction, the administrator will not enter an order for
past support that covers a period of less than four months.
(10) Past support will be calculated under
the Oregon Child Support Guidelines and will use current income for the parties
in calculating past support monthly amounts. Parties may rebut use of current
income by presenting evidence of income in differing amounts for the months for
which past support is being ordered.
Or. Admin. R.
AFS 28-1995, f. 11-2-95,
cert. ef. 11-3-95; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from
461-195-1010; AFS 28-2001, f. 12-28-01, cert. ef. 1-1-02; DOJ 6-2003(Temp), f.
6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3220; DOJ
10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3220; DOJ
2-2004, f. 1-2-04 cert. ef. 1-5-04; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ
1-2010, f. & cert. ef. 1-4-10; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11
thru 9-26-11; DOJ 4-2011, f. & cert. ef. 7-1-11; DOJ 13-2011, f. 12-30-11,
cert. ef. 1-3-12; DOJ 11-2016(Temp), f. 9-23-16, cert. ef. 10-1-16 thru
2-2017, f. & cert. ef.
19-2020, minor correction filed 02/05/2020, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS