Current through Register Vol. 61, No. 4, April 1, 2022
purposes of this rule:
(A) Means any place used for the
confinement of persons charged with or convicted of a crime or otherwise
confined under a court order and includes but is not limited to a youth
correction facility as provided in ORS
(B) Includes any other location where a
person completes an alternative form of confinement while still in the custody
of a county, state, federal, or Tribal correctional agency, including, but not
limited to, transitional leave or house arrest.
(C) Applies to a state hospital only as to
persons detained therein charged with or convicted of a crime or after having
been found guilty of a crime except for insanity under ORS
(b) "Incarcerated obligor" means
an obligor who is, or is expected to be, confined in a correctional facility
for at least 180 consecutive days. The 180 days shall not include any time
prior to January 1, 2018.
"Release from incarceration" means release of an incarcerated obligor from
confinement in a correctional facility.
(2) An incarcerated obligor is presumed
unable to pay child support and a child support obligation does not accrue for
the duration of the incarceration unless the presumption is rebutted.
Within 30 days of identifying an
"incarcerated obligor" who is ordered to pay ongoing support, the administrator
will provide notice pursuant to ORS
of the administrator's intent to suspend support; and
(a) If an objection is received, the
administrator shall cause the case to be set for a hearing before an
administrative law judge to determine whether the presumption has been
If no objection is
received or if the administrative law judge upholds the suspension over an
objection, the administrator shall:
Discontinue billing monthly support to the obligor, beginning with the first
day of the first month following the date of the obligor's incarceration or
January 1, 2018, whichever is later; and
(B) File the notice of suspension or any
order of the administrative law judge in the circuit court of the county where
the support order is filed.
Unless already modified or reinstated,
the support order is reinstated by operation of law at 50% of the previously
ordered support amount on the first day of the first month after obligor has
been released for at least 120 days.
Within 30 days following reinstatement of the order, the administrator will
issue notice of the reinstatement to all parties pursuant to ORS
(b) The administrator will file the notice of
reinstatement in the circuit court of the county where the support order is
filed with a money award showing that support has been reinstated at 50% of the
previous support amount.
60 days following reinstatement of the order, the administrator shall review
the support order for the purpose of modifying support under OAR
receiving proof that an obligor was confined in a correctional facility for at
least 180 consecutive days, on or after January 1, 2018, and unless the
presumption of inability to pay has been rebutted, the administrator will allow
a credit and satisfaction against child support arrearages. Credit shall begin
with the first day of the first month following the date of the obligor's
incarceration and continue through the end of the month in which the number of
days obligor has been released from a qualifying period of incarceration equals
(a) The administrator will provide
notice pursuant to ORS
of the administrator's intent to credit and satisfy child support
(b) If an objection is
received, the administrator shall cause the case to be set for a hearing before
an administrative law judge to determine whether the presumption has been
(c) If no objection is
received or if the administrative law judge upholds the credit over an
objection, the administrator shall allow a credit and satisfaction against
child support arrearages.
notice of credit or any order of the administrative law judge shall be filed in
the circuit court of the county where the support order is filed.
(6) The Oregon Child Support
Program will not issue an income withholding order during the time an
incarcerated obligor's order is suspended in order to preserve the obligor's
income to meet the expenses of reintegration.
Pursuant to ORS
a party may object to the continued suspension of support by describing
evidence of the incarcerated obligor's ability to pay that was not available at
the time the order was suspended.
(b) If an objection as described in section
(7)(a) of this rule is received, the administrator shall cause the case to be
set for a hearing before an administrative law judge to determine whether the
presumption has been rebutted and support should be reinstated.
(a) If the administrative law judge
determines that the presumption has now been rebutted pursuant to ORS
they will issue an order reinstating support at 50% of the previously ordered
support amount effective the first day of the following month; and
Within 60 days following reinstatement of
the order, the administrator shall review the support order for the purpose of
modifying support under OAR 137-055-3430
If support is reinstated as provided in
section (4) of this rule, after a request for hearing has been referred to the
Office of Administrative Hearings, the following provisions apply:
If support is reinstated prior to a
hearing taking place, the referral to the Office of Administrative Hearings
will be withdrawn pursuant to OAR 137-003-0515
(b) If support is reinstated on or before the
date that support is reinstated pursuant to section (8)(a) of this rule, the
order issued by the administrative law judge will be considered moot and have
no force and effect.
(10) If issues related to the conversion of
the Program to the Origin child support automated system prevented suspension
of an order for an incarcerated obligor prior to an obligor's release from
incarceration, the Program may proceed to retroactively suspend support as
provided in section (3) of this rule and the case will be treated as though the
suspension had been initiated in a timely manner.
(11) Orders modified to zero due to
incarceration prior to January 1, 2018, are not subject to suspension and
reinstatement under this rule.
This rule applies only to child support judgments and orders originally entered
in Oregon or which Oregon modified and assumed continuing, exclusive
jurisdiction over pursuant to ORS Chapter 110.
Or. Admin. R.
AFS 21-2000, f. &
cert. ef. 8-1-00; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from
461-195-0078; AFS 4-2001, f. 3-28-01, cert. ef. 4-1-01; DOJ 6-2003(Temp), f.
6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3300; DOJ
10-2003, f. 9-29-03, cert. ef. 10-1-03; DOJ 7-2004, f. 3-30-04, cert. ef.
4-1-04; DOJ 12-2004, f. & cert. ef. 10-1-04; DOJ 1-2010, f. & cert. ef.
1-4-10; DOJ 6-2012(Temp), f. & cert. ef. 5-24-12 thru 11-20-12; DOJ
15-2012, f. 9-27-12, cert. ef. 10-1-12; DOJ 7-2014, f. & cert. ef. 4-1-14;
2-2016, f. 1-29-16, cert. ef.
2/1/2016; DOJ 13-2017, amend filed 12/29/2017,
1-2018, minor correction filed 01/23/2018, effective
8-2019, temporary amend filed 07/29/2019, effective
8/1/2019through 01/27/2020; DOJ 1-2020, amend filed
01/22/2020, effective 01/27/2020;
24-2020, minor correction filed 02/05/2020, effective
60-2020, amend filed 10/29/2020, effective
18-2021, amend filed 12/29/2021, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS