Current through Register Vol. 61, No. 4, April 1, 2022
(1) A judgment for support constitutes a lien
on real and personal property as provided for in Oregon law.
(2) Whenever there is a judgment for unpaid
support and the administrator learns that an obligor has assets, then the
administrator may cause a lien to be recorded on any real or personal property
owned by the obligor unless the property is exempt from lien laws under Oregon
(3) An obligee from another
state with a judgment for unpaid support may record a lien under the provisions
of ORS 18.158, and must use the form
provided by the Office of Child Support Enforcement of the United States
Department of Health and Human Services.
Pursuant to OAR 137-055-4300
administrator may use the process described in this rule as one of several
enforcement options available and may exercise discretion to optimize
collection potential in individual cases. The administrator will prioritize
this enforcement option in decision making based on availability and
application of other enforcement options and available staff resources. Prior
to forcing a sale of real or personal property, the administrator must consider
the following factors:
(a) The market value
of the property after subtracting the value of superior claims of senior lien
(b) The market conditions
for achieving maximum return;
The long-term impact on the obligor's ability to comply with an unsatisfied or
future support duty;
storage costs, notice and sale costs;
(e) Exemption claims;
(f) Co-ownership of the property, or impact
on any existing trust on the property; and
(g) The availability of other, more effective
remedies to satisfy the support debt.
(5) The administrator may not proceed with
this enforcement option when a court of appropriate jurisdiction has ordered
that the obligor be exempted from referral. The obligor must notify the obligee
and the administrator when filing a claim for an exemption with a
Or. Admin. R.
AFS 25-1990, f. 11-21-90,
cert. ef. 12-1-90; AFS 23-1997, f. 12-29-97, cert. ef. 1-1-98; AFS 32-2000, f.
11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0235; 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 461-200-4440; DOJ 10-2003, f. 9-29-03, cert. ef.
10-1-03, Renumbered from 461-200-4440; DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04;
DOJ 13-2011, f. 12-30-11, cert. ef. 1-3-12
Stat. Auth.: ORS
Stats. Implemented: ORS