Current through Register Vol. 61, No. 4, April 1, 2022
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
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.
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.
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.
Or. Admin. R.
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;
20-2018, amend filed 09/04/2018, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS