Or. Admin. R. 137-055-5110 - Child Attending School

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

The purpose of this rule is to provide additional information as to how the Oregon Child Support Program will apply the provisions of ORS 107.108 when the order or modification provides for support until the child is age 21, so long as the child is a child attending school in accordance with ORS 107.108.

(1) In addition to the definitions found in ORS 107.108, as used in OAR Chapter 137, division 55, the following terms have the meanings given below:
(a) "Active member of the military" means:
(A) A member of the Army, Navy, Air Force, Marine Corps, or Coast Guard (collectively known as the "armed forces"), who is serving on active duty; or
(B) A member of the National Guard who is serving full-time National Guard state or federal active duty; or
(C) A cadet at a federal service academy.
(b) "Adult child" means a child over the age of 18 and under the age of 21, who is not married or otherwise emancipated, and is not currently a child attending school.
(c) "Child attending school" has the meaning given in ORS 107.108, except a child attending school does not include an active member of the military.
(d) "Satisfactory academic progress" means:
(A) For a child attending high school who is over age 18 but under age 21, enrollment in school and meeting attendance requirements or as defined by the school; or
(B) For a child attending post high school classes, as defined by the higher educational institution.
(2) If the obligor has not provided the child attending school with an address for sending the documents required by ORS 107.108, the administrator may release the address of the obligor to the child attending school, pursuant to OAR 137-055-1140(3) and (4). If the obligor has provided a contact address and that contact address is valid, the administrator will release only that contact address to the child attending school. If the obligor does not provide an address to the administrator or to the child, the obligor's failure to receive required documents is not a basis for objecting that a child does not qualify as a child attending school.
(3) If there has been a finding and order of nondisclosure on behalf of the child attending school pursuant to ORS 25.020, the child may send the obligor's copy of any documents required by ORS 107.108 to the administrator, and the administrator will forward to the obligor. The child must submit a copy of the documents to the administrator within the time periods set out in ORS 107.108. The administrator will redact the following information prior to sending a copy of the documents otherwise required to be provided to the obligor:
(a) Residence, mailing or contact address including the school name and address;
(b) Social Security number;
(c) Telephone number, including the school telephone number;
(d) Driver license number;
(e) Employer's name, address, and telephone number; and
(f) Name of registrar or school official.
(4) The Oregon Department of Justice will distribute and disburse support directly to the child attending school, unless good cause is found to distribute and disburse support in some other manner. For purposes of this section "good cause" may include:
(a) The child attending school provides written notarized authorization for distribution and disbursement to the obligee;
(b) The court, administrative law judge, or administrator orders otherwise; or
(c) The administrator is enforcing the Oregon order at the request of another state and that state has indicated they are unable to distribute and disburse support directly to the child.
(5)
(a) If the administrator makes a finding that the support payment should be distributed and disbursed to the obligee under subsection (4)(b), the administrator will send a notice of redirection of support to the parties.
(b) A party may contest the administrator's finding as provided in ORS 183.484.
(6) If the child attending school no longer qualifies to receive support in accordance with ORS 107.108, the obligor can object to continuing to pay support as provided in ORS 107.108(8).
(a) Unless new supporting documentation can be provided, an objection can only be made once per semester or term as defined by the school, or three months from the date of a previous objection if the school does not have semesters or terms.
(b) Any party may contest the administrator's finding from the objection as provided in ORS 183.484.
(7) If a child notifies the administrator in writing that they no longer qualify as a child attending school, support for that child attending school will be suspended immediately and notice will be sent to the parties.
(8) When support has been suspended under ORS 107.108, if the case has been closed pursuant to OAR 137-055-1120 and the adult child subsequently complies with the requirements for reinstatement, the adult child must submit the written confirmation of compliance, proof of written consent, and an application for services as described in OAR 137-055-1060. The written confirmation and application for services may be combined as one document.
(9) When the administrator has suspended or reinstated a support obligation pursuant to ORS 107.108, a party may request an administrative review of the action within 30 days after the date of the notice of suspension or reinstatement.
(a) The only issues that may be considered in the review are whether:
(A) The adult child meets the requirements of a child attending school;
(B) The written notice of the adult child's intent to attend or continue to attend school was sent to the obligor;
(C) The written consent was sent or proof of written consent was received.
(b) The burden of proof for the administrative review is on the requesting party to provide documentation supporting the allegation(s).
(10) When support has been suspended under ORS 107.108, the adult child may request to receive notice of future modifications and may request to be a party to the modification as outlined in ORS 107.108 and OAR 137-055-3430. The adult child does not have any party status on the case until the request has been received by the administrator.
(11) In addition to the rights afforded under ORS 107.108, if the obligee claims good cause under OAR 137-055-1090, the child attending school may apply for services to enforce the existing support obligation on behalf of the child attending school only. The application will be handled in the same manner as outlined in OAR 137-055-1090(10)(a)-(c).
(12) If a court orders payment from a higher education savings plan in lieu of support under ORS 107.108:
(a) The administrator will cease collection and billing actions on behalf of that child at age 18. If the support order is for a single or last remaining child, the administrator will close the case unless there are arrears on the case;
(b) If payments are ordered from a higher education savings plan and the court has not provided for a modification of the support amount for any remaining children of the order, this is a substantial change of circumstances for purposes of modifying the support order; and
(c) If payment from a higher education savings plan has been ordered, the administrator will not take action to subsequently modify the support order to include child attending school support provisions for that child.
(13) Except for support orders originally issued by a state other than Oregon and being enforced under the provisions of ORS 110.503 to 110.677, if the most recent order or modification for support cites ORS 107.108 or otherwise provides for support of a "child attending school," the administrator will follow the most recent version of this rule, regardless of when the support order was entered.

Notes

Or. Admin. R. 137-055-5110
AFS 23-2001, f. 10-2-01, cert. 10-6-01; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-5110; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-5110; DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04; DOJ 10-2004, f. & cert. ef. 7-1-04; DOJ 5-2005, f. & cert. ef. 7-15-05; DOJ 8-2005(Temp), f. & cert. ef. 9-1-05 thru 2-17-06; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 5-2006, f. 6-29-06, cert. ef. 7-3-06; DOJ 6-2006, f. & cert. ef. 10-2-06; DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07; DOJ 10-2008, f. & cert. ef. 7-1-08; DOJ 1-2010, f. & cert. ef. 1-4-10; DOJ 6-2015, f. & cert. ef. 3/30/2015; DOJ 2-2016, f. 1-29-16, cert. ef. 2/1/2016; DOJ 10-2017, minor correction filed 11/09/2017, effective 11/9/2017; DOJ 40-2020, minor correction filed 02/05/2020, effective 2/5/2020; DOJ 12-2021, amend filed 10/07/2021, effective 10/8/2021; DOJ 18-2021, amend filed 12/29/2021, effective 1/1/2022

Statutory/Other Authority: ORS 25.020, 107.108 & 180.345

Statutes/Other Implemented: ORS 25.020, 25.080, 25.503 & 107.108

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