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
Stat. Auth.: ORS 180.345
Stats. Implemented: ORS 25.020
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