Or. Admin. R. 137-055-3400 - District Attorney Case Assignment for Modification or Suspension of Support

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

(1)
(a) The purpose of this rule is to provide criteria for determining which Oregon District Attorney will have responsibility for initiating action to review and modify an Oregon judgment, or administrative order that requires payment of child support. This rule applies only when both of the following conditions exist:
(A) An Oregon District Attorney has responsibility for providing support enforcement services under ORS 25.080; and
(B) Either of the following is true:
(i) A party to the case has requested a review and modification, as provided in OAR 137-055-3420, for purposes of changing the amount of the monthly support obligation; or
(ii) The obligor is presumed entitled to a suspension of the support obligation as a recipient of certain cash assistance, as provided in ORS 25.245.
(b) This rule does not apply to a Division of Child Support (DCS) office that is performing district attorney functions.
(2) For purposes of this rule, the following definitions apply:
(a) "Requesting party" means the party requesting the district attorney to review and modify the support obligation;
(A) The requesting party may be the obligor, the obligee, or the child attending school;
(B) An obligor deemed presumptively eligible for a suspension under ORS 25.245 will be considered the "requesting party";
(b) "Non-requesting party" means any party that is not the party as defined in subsection (2)(a), above.
(3) In any case where there are arrears, the district attorney responsible under OAR 137-055-2020 for enforcing the case will, if the support order is in another Oregon county, transfer in the order for review and modification under ORS 25.100.
(4) In any case where there are no arrears:
(a) If all the parties reside in the same Oregon county, but the support order is in another county:
(A) The district attorney for the county of residence of the parties will be responsible for review and modification action;
(B) The district attorney for the county of residence may transfer in the support order for review and modification under ORS 25.100, as the county of residence for the non-requesting party.
(b) If any of the parties reside in the same Oregon county that is the county of the support order, the district attorney for that county will be responsible for review and modification action;
(c) If the support order, the requesting party, and the non-requesting party(ies) are all in different counties:
(A) If the district attorney for the county of the requesting party has previously transferred the support order to the requesting party's county for enforcement, the district attorney for the enforcing county will be responsible for review and modification action;
(B) If the case is not currently open as an enforcement case under ORS 25.080, or if the district attorney for the requesting party's county has never transferred the support order for enforcement:
(i) That district attorney will refer the requesting party to the district attorney for the county of the support order;
(ii) The district attorney for the county of the support order will then be responsible for review and modification action;
(C) If the case is currently open as an enforcement case under ORS 25.080:
(i) The district attorney for the enforcing county will transfer the enforcement case to the district attorney for the county of the support order;
(ii) The district attorney for the county of the support order will then be responsible for review and modification action;
(iii) Once the review and modification is completed, the district attorney for the county of the support order will transfer the enforcement case back to the proper enforcement county under OAR 137-055-2040.
(5) If the requesting party does not reside in Oregon, and regardless of whether the case has arrears or not:
(a) If the requesting party's case is already being enforced, the administrator will advise the requesting party to direct the request to the child support program in that other jurisdiction. The other child support program may then ask the administrator to pursue action under appropriate state and federal statutes;
(b) If the requesting party's support case is not being enforced under the child support program in another jurisdiction, the administrator will handle the request under sections (3) and (4) of this rule.
(6) If the non-requesting party(ies) does not reside in Oregon, the district attorney will handle the request under sections (3) and (4) of this rule.
(7) The matrix set out in Table 1, is included in this rule as an aid, and incorporates preceding sections of this rule: [Table not included. See Ed. Note.]
(8) Notwithstanding subsection (1)(b), all functions and responsibilities assigned to Oregon District Attorneys under this rule will also be considered assigned to DCS, for those counties where DCS has assumed responsibility from the district attorney for providing support enforcement services.

Notes

Or. Admin. R. 137-055-3400
AFS 33-1992, f. 11-17-92, cert. ef. 12-1-92; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0074; 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 461-200-3400; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3400; DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04; DOJ 5-2005, f. & cert. ef. 7-15-05; 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

Tables referenced are not included in rule text. Click here for PDF copy of table(s) .

Stat. Auth.: ORS 180.345

Stats. Implemented: ORS 25.080 & 25.287

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