Current through Register Vol. 61, No. 4, April 1, 2022
(1) If a party objects to the enforcement of
an order under ORS 25.540 on the basis that the amount of the arrears are
incorrect, an administrative law judge may determine the correct amount of the
arrears, if any, and issue an order enforcing both the newly determined arrears
and the current support obligation.
(2) The amount of arrears as stated on the
Notice of Intent to Enforce an Order issued under ORS 25.540 will be presumed
to accurately state the arrears. The presumption may be rebutted by evidence of
errors in calculation, by a showing that payments were made for which credits
were not appropriately recorded, or any other evidence which demonstrates that
the arrears amount sought is incorrect.
(3) An administrative law judge may enter an
order providing for the enforcement of current support only, pending further
proceedings to determine the correct amount of arrears.
Or. Admin. R.
AFS 7-1998, f. 3-30-98,
cert. ef. 4-1-988; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from
461-195-1060; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03,
Renumbered from 461-200-3280; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03,
Renumbered from 461-200-3280; DOJ 1-2006, f & cert. ef. 1-3-06;
22-2020, minor correction filed 02/05/2020, effective
Statutory/Other Authority: ORS 25.505 & 180.345
Statutes/Other Implemented: ORS