Current through Register Vol. 61, No. 4, April 1, 2022
The Division of Child Support (DCS) may satisfy all or any
portion of child support arrears that are assigned to the State of Oregon or to
any other jurisdiction, subject to the following:
DCS may satisfy all or any portion of
assigned arrears only if one or more of the following circumstances apply:
(a) The arrears are a substantial hardship to
the paying parent or that parent's household; or
(b) A compromise of amounts owing will result
in greater collection on the case, considering the maximum amount that DCS
could reasonably expect to collect from the obligor if no compromise was made
and the probable costs of collecting that maximum amount; or
The obligor has entered into an agreement
with DCS to take steps to:
(A) Enhance the
obligor's ability to pay child support; or
(B) Enhance the obligor's relationship with
the child or children for whom the obligor owes the arrears.
(d) An error or legal defect has
occurred that indicates a reduction may be appropriate.
If all or any portion of the assigned
arrears are the states temporarily-assigned arrears as defined in OAR
, DCS may satisfy the amount only if the obligee consents and signs
the appropriate "satisfaction of support judgment" form.
(3) If all or any portion of the assigned
arrears are assigned to another jurisdiction, DCS may satisfy that assigned
amount only with the approval of that jurisdiction.
DCS will not sign any satisfaction for
less than full payment of arrears until:
The obligor has paid the full amount agreed to as appropriate consideration,
and the obligor's payment instrument has cleared the appropriate financial
(b) DCS has
determined that the obligor has satisfactorily met, or is complying with, any
agreement made with DCS pursuant to this rule.
(5) DCS will record a summary of each
agreement to satisfy arrears for less than full payment on the appropriate
electronic file on the case.
Any satisfaction executed under this rule will be made pursuant to, and in full
compliance with, ORS 18.228.
The provisions of this rule
notwithstanding, the obligee may satisfy all or any portion of unassigned
arrears due the obligee, pursuant to OAR 137-055-5220
Nothing in this rule precludes the
administrator from negotiating a satisfaction of arrears due or potentially due
the obligee for less than full payment by the obligor, but such satisfaction
will take effect only when the obligee consents and signs a "satisfaction of
support judgment" pursuant to OAR 137-055-5220
Or. Admin. R.
AFS 77-1982, f. 8-5-82,
ef. 9-1-82; AFS 93-1982, f. & ef. 10-18-82; AFS 66-1989, f. 11-28-89, cert.
ef. 12-1-89, Renumbered from 461-035-0025; AFS 11-2000, f. 4-28-00, cert. ef.
5-1-00; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from
461-195-0150; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03,
Renumbered from 461-200-6120; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03,
Renumbered from 461-200-6120; DOJ 9-2005, f. & cert. ef. 10-3-05; DOJ
1-2007, f. & cert. ef. 1-2-07; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11
thru 9-26-11; DOJ 4-2011, f. & cert. ef. 7-1-11; DOJ 7-2014, f. & cert.
Stat. Auth.: ORS
Stats. Implemented: ORS