Current through Register Vol. 61, No. 4, April 1, 2022
(1) For purposes of this rule "arrears" means
past due support which has accrued but does not include support for the current
month even if the due date for that month has passed.
(2) Unless otherwise provided by a support
judgment, a child attending school is not a judgment creditor to the support
order and the provisions of this rule apply.
Notwithstanding section (2), beginning
1/1/18, support for a child attending school that is not paid when due will
accrue to a child attending school account and any arrears payment received
will be distributed to that child, as outlined in OAR 137-055-6021
When an obligee requests establishment of arrears for any time period during
which a child was a child attending school and services were being provided
the arrears will be established to the child's account.
the child attending school is the only or last remaining child on the case, the
administrator will not establish arrears for any time period when services were
not being provided and support is only being paid for the child attending
school. Arrears may only accrue to the child attending school account from the
date the administrator begins providing child support services.
(B) Notwithstanding subsection (b)(A), the
administrator may establish arrears for any time period when services were not
being provided if the judicial order found that the child qualified as a child
attending school during the time period for which arrears are being
A child attending school may not satisfy
arrears but may agree to a credit for direct payment, pursuant to OAR
, against arrears which have accrued to the child attending school
account only, not to exceed the balance owing to the child's account at the
time the credit is applied to the case.
Or. Admin. R.
AFS 21-1991, f. 10-23-91,
cert. ef. 11-1-91; AFS 26-1991, f. 12-31-91, cert. ef. 1-1-92; AFS 9-1992, f.
& cert. ef. 4-1-92; AFS 31-1992, f. 10-29-92, cert. ef. 11-1-92; AFS
18-1997(Temp), f. 9-23-97, cert. ef. 10-4-97; AFS 18-1997(Temp) Repealed by AFS
23-1997, f. 12-29-97, cert. ef. 1-1-98; AFS 23-1997, f. 12-29-97, cert. ef.
1-1-98; AFS 2-2000, f. 1-28-00, cert. ef. 2-1-00; AFS 32-2000, f. 11-29-00,
cert. ef. 12-1-00, Renumbered from 461-195-0136; AFS 23-2001, f. 10-2-01, cert.
ef. 10-6-01; AFS 17-2002(Temp), f. 10-30-02, cert. ef. 11-1-02 thru 4-29-03;
SSP 4-2003, f. 2-25-03, cert. ef. 3-1-03; DOJ 6-2003(Temp), f. 6-25-03, cert.
ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-5120; DOJ 10-2003, f.
9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-5120; DOJ 12-2004, f. &
cert. ef. 10-1-04; DOJ 4-2005, f. & cert. ef. 4-1-05; 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;
13-2017, amend filed 12/29/2017, effective
41-2020, minor correction filed 02/05/2020, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS