Or. Admin. R. 137-055-6040 - Right to Hearing to Contest Amount of Assigned Support

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

(1) A party who wants to contest the amount of support that the Division of Child Support (DCS) claims is assigned to the state on the party's child support case may do so by filing a written objection with DCS.
(2) Upon receiving a written objection, DCS will conduct an administrative review of the case to verify the correct amount of support claimed as assigned and will make any necessary corrections or adjustments to this amount as determined in the review.
(a) DCS will complete its review and make a determination within 45 days from the date of receiving the written objection.
(b) DCS will notify the parties, in writing, of this determination and of the right to contest the determination before an administrative law judge. The party must request such hearing in writing within 30 days of the date that DCS sends the written notice of its determination.
(3) Prior to any such hearing:
(a) DCS may contact or meet with the party to explain how DCS has computed the amount of support assigned to the state on the party's case.
(b) The party may withdraw their request for a hearing by notifying DCS in writing.
(4) Once a determination has been made, DCS will not conduct further review of the amount of arrears that DCS reports as assigned to the state unless:
(a) DCS has made an accounting adjustment to the amount that DCS reports as assigned to the state, and a party then files a written objection to this adjusted amount; or
(b) The assistance status of the family has changed since the date of the last administrative review conducted under this rule, and a party then files a written objection.

Notes

Or. Admin. R. 137-055-6040
AFS 27-2000, f. & cert. ef. 11-1-00; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0250; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-6040; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-6040; DOJ 1-2006, f & cert. ef. 1-3-06

Stat. Auth.: ORS 180.345

Stats. Implemented: ORS 25.020

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