Or. Admin. R. 137-055-4340 - Collection of Delinquent Support Obligations Through the U.S. Secretary of the Treasury

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

(1) The administrator may claim federal tax refunds and administrative offset of other payments from the federal government through the U.S. Secretary of the Treasury (Secretary) otherwise due to be paid to an obligor to collect support arrears.

(2) The Division of Child Support will file such claims with the Secretary according to rules and procedures established by the federal government.

(3) Referral of arrears will be a liquidated claim, debt, or account established by a court or administrative order.

(4) The Division of Child Support will refer arrears owed by an obligor for federal tax refund or administrative offset where the case record indicates the obligee is not currently claiming good cause for not cooperating with efforts to establish or enforce support; and

(a) The arrears assigned to the state total at least $150; or

(b) The arrears not assigned to the state total at least $500.

(5) The Division of Child Support will distribute and, as appropriate, disburse tax refunds and other federal administrative offsets recovered by this process as set out in OARs 137-055-2360, 137-055-2380 and 137-055-6021 through 137-055-6024.

(6) A one-time pre-offset notice will be sent to the obligor by either the federal government or the Division of Child Support of the intent to claim the tax refund, or other federal payments through the Secretary, and apply them to the obligor's account. Such notice will advise the obligor of the right to an administrative review regarding this action. The only issues that may be considered in the review are:

(a) Whether the obligor is the person who owes the support as indicated by the case record; or

(b) Whether the arrears indicated in the notice are correct.

(7) Upon receipt of the request for review, the administrator will schedule the review and notify the parties of the date, time and place of the review.

Notes

Or. Admin. R. 137-055-4340

AFS 7-1997, f. & cert. ef. 6-13-97; AFS 15-1997(Temp), f. & cert. ef. 9-2-97; AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 6-2000, f. 2-19-00, cert. ef. 3-1-00; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0210; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-4340; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-4340; DOJ 4-2005, f. & cert. ef. 4-1-05; DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07; DOJ 20-2018, amend filed 09/04/2018, effective 9/5/2018

Statutory/Other Authority: ORS 25.625 & 180.345

Statutes/Other Implemented: ORS 25.625