Current through Register Vol. 61, No. 4, April 1, 2022
(1) On any Oregon child support case,
whenever Oregon law or administrative rule requires the administrator to
process a modification of a support order to zero, and a State of Oregon court
or the administrator has jurisdiction to modify the support order, the
administrator shall proceed even in the event that the administrator cannot
locate the obligee.
purposes of this rule, before the administrator can determine that the obligee
cannot be found, the administrator must first submit a request to the State
Parent Locator Service of the Division of Child Support and must allow the
State Parent Locator Service at least 45 days to verify an address or employer
for the party being sought.
the administrator cannot locate the obligee, the administrator may serve by
other methods as allowed in ORS
or ORCP 7.D(6) when the motion to modify the support order is for a termination
or a modification to zero because:
obligated parent is receiving cash assistance as provided in ORS
(b) The obligated parent is incarcerated as
provided in ORS
(c) The obligee no longer has
physical custody of the child(ren) named in the support order.
(4) Provisions in this rule
regarding a motion to modify a support order to zero are also applicable to a
motion to terminate a support order and to a notice suspending support pursuant
Or. Admin. R.
AFS 20-1998, f. & cert.
ef. 10-5-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from
461-195-1085; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03,
Renumbered from 461-200-3460; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03,
Renumbered from 461-200-3460; DOJ 3-2009, f. & cert. ef. 4-1-09;
8-2019, temporary amend filed 07/29/2019, effective
1-2020, amend filed 01/22/2020, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS
& ORCP 7.D