Or. Admin. R. 137-055-3480 - Modification of a Support Order to Zero or Termination of a Support Order

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

(1) The administrator may, upon its own initiative, or upon the request of a party modify a child support obligation to zero when:

(a) No minor children for whom support was ordered are currently in the physical custody of the obligee;

(b) The family has reconciled (the obligor, obligee, and minor children live together as an intact family);

(c) Support rights are not assigned to the state and the obligee has requested that the administrator modify the support obligation to zero; or

(d) The parent with more parenting time is owed support under the current support judgment, the guideline support calculation results in that parent owing support to the parent with lesser parenting time, and after being notified of the result of the calculation, the parent with lesser parenting time does not apply for services.

(2) During a hearing pursuant to this rule, OAR 137-055-3420, or 137-055-3430, if an Administrative Law Judge (ALJ) finds facts that satisfy the conditions of subsections (1)(a), (b), (c), or (d), the ALJ is authorized to modify the order to zero.

(3) If modifying under subsections (1)(a) or (c), and there is an adult child:

(a) A tier as defined in OAR 137-055-1020 may be included for the adult child; or

(b) The order may be modified to remove support provisions for the adult child but can be modified later to include support provisions for a child attending school if the adult child qualifies for support under ORS 107.108.

(4) No order modifying a support obligation to zero shall be taken ex parte.

(5) Nothing in this rule prohibits the suspension of support accrual under any order for the reason that the obligor receives cash assistance, as provided in ORS 25.245, or qualifies as an incarcerated obligor, as provided in ORS 25.247.

(6) An order may be terminated if the children covered by the order are being added to a different order, or if the family has experienced a change of circumstances that makes a support order unnecessary or legally inappropriate, including but not limited to, reconciliation of the parents or relinquishment of parental rights.

Notes

Or. Admin. R. 137-055-3480

AFS 7-1998, f. 3-30-98, cert. ef. 4-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1070; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3480; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3480; DOJ 7-2004, f. 3-30-04, cert. ef. 4-1-04; DOJ 9-2005, f. & cert. ef. 10-3-05; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 18-2018, amend filed 08/16/2018, effective 8/20/2018; DOJ 28-2018, temporary amend filed 12/28/2018, effective 12/28/2018 through 06/25/2019; DOJ 6-2019, amend filed 06/17/2019, effective 6/25/2019; DOJ 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; DOJ 24-2020, minor correction filed 02/05/2020, effective 2/5/2020; DOJ 12-2021, amend filed 10/07/2021, effective 10/8/2021

Statutory/Other Authority: ORS 25.505 & 180.345

Statutes/Other Implemented: ORS 25.287 & 25.527