Or. Admin. R. 137-055-5045 - Inconsistent Provisions: Body of Order and Support or Money Award

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

(1) If the administrator discovers that the monetary support provisions in the body of an administrative order or judgment document are inconsistent with the support or money award (hereinafter "award"), the administrator will:
(a) On a case in which the Division of Child Support (DCS) is providing limited services, send a courtesy notice regarding the inconsistency to all parties;
(b) On a case in which services are being provided under ORS 25.080 but the award was not entered by the administrator, send a written notice to all parties to request correction of the error. The notice will advise the parties that until DCS is provided with a copy of the court corrected judgment and award, their support order will be enforced:
(A) As recorded on the judgment register Oregon eCourt Case Information (OECI), or
(B) If OECI does not reflect information necessary to proceed, as recorded on the award;
(c) On a case in which services are being provided under ORS 25.080 and the award was entered by the administrator, file a motion to correct the error. Until the error is corrected, the support order will be enforced:
(A) As recorded on the judgment register OECI, or
(B) If OECI does not reflect information necessary to proceed, as recorded on the award.
(2) Notwithstanding subsection (1)(b) of this rule, the administrator may instead file a motion to correct the error if the child support rights, as defined in ORS 25.010, have been assigned to the state.

Notes

Or. Admin. R. 137-055-5045
DOJ 10-2004, f. & cert. ef. 7-1-04; DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07; DOJ 59-2020, amend filed 09/25/2020, effective 10/1/2020

Statutory/Other Authority: ORS 180.345

Statutes/Other Implemented: ORS 25.020 & 25.080

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