Current through Register Vol. 61, No. 4, April 1, 2022
(1) Whenever a federal or Oregon tax refund
owed to a support obligor has been withheld to pay support arrears and that
withholding was made in error or overcollects the amount owed, the Division of
Child Support (DCS) shall refund the amount withheld in error or
authorize the amount withheld, or any part thereof, to be refunded to the
obligor by means of an advance payment from its administrative account. Such
advance payment shall be made:
Immediately when the amount withheld by the taxing agency was improperly
withheld as a result of an error by the administrator, and the obligor provides
a copy of the notice that the tax refund was being withheld; or
(b) The child support arrears certified for
purposes of tax refund intercept no longer exist or are less than the amount
withheld from the tax refund; and
(c) Thirty (30) days have elapsed since the
date of the notice to the obligor that the tax refund was being withheld and
DCS has not received the obligor's tax refund from the taxing agency;
(d) The obligor provides a copy
of that notice to the administrator.
(3) When DCS has made an advance payment of a
refund to the obligor it will, upon receipt of the tax refund from the taxing
agency, retain that refund up to the amount refunded to the obligor to
reimburse its administrative account.
If the DCS has already forwarded to the
payee, part or all of the amount withheld, DCS may establish an overpayment
against the payee for that amount, not to exceed the amount refunded to the
obligor, pursuant to OAR 137-055-6220
Or. Admin. R.
AFS 35-1982(Temp), f. &
ef. 4-27-82; 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
461-035-0030; AFS 26-1994, f. &cert. ef. 11-3-94; AFS 7-1997, f. &
cert. ef. 6-13-97; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from
461-195-0220; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03,
Renumbered from 461-200-6280; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03,
Renumbered from 461-200-6280; DOJ 1-2006, f & cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS