Or. Admin. R. 177-010-0090 - Child Support Validation Check

The Lottery will use the following procedures as part of the validation process before paying any portion of a Lottery prize in excess of $600:

(1) Database: Lottery information systems personnel shall work with the Division of Child Support of the Department of Justice (DOJ) to maintain a current database on the Lottery's central computer system containing the names and social security numbers of obligors who are delinquent in paying child support obligations.

(2) Searching the Database: The Lottery shall enter a prize claimant's name, address, date-of-birth, and social security number into the Lottery's central computer system. The computer shall search the database containing the names of the delinquent child support obligors for a possible match.

(3) 30 Day Hold: When a claimant is listed in the database and a possible match is found, the Lottery will confirm the match with DOJ. If DOJ responds with a confirmation that the claimant is delinquent on child support payments, the Lottery will place a 30-day hold on any payment to the claimant pending initiation of garnishment proceedings. The Lottery will inform the claimant of the hold, immediately notify DOJ by telephone that the Lottery has placed the hold on the prize payment, and transmit a facsimile copy of supporting information to DOJ.

(4) Garnishment: If a garnishment proceeding is initiated within the 30-day hold period, the Lottery shall make payment to DOJ when the garnishment is received. If the prize claim exceeds the amount of the garnishment, the Lottery will pay the claimant the balance remaining after deduction of the garnishment and applicable taxes. If the garnishment exceeds the amount of the prize claim, the Lottery will inform the claimant that the entire amount of the prize claim was used to respond to the garnishment.

(5) Payment of Prize: If a garnishment proceeding is not initiated within the 30-day hold period, the Lottery will make payment on the prize to the claimant at the end of the 30 day hold period or when DOJ notifies the Lottery that a garnishment proceeding will not be initiated, whichever is sooner.

(6) Voluntary Release: Nothing in this section is intended to prevent a prize claimant from voluntarily releasing payment of all or any portion of the claimant's prize towards payment of the claimant's delinquent child support obligations.

Notes

Or. Admin. R. 177-010-0090

LC 6-1992, f. & cert. ef. 6-23-92; LOTT 8-2002(Temp), f. & cert. ef. 7-15-02 thru 1-3-03; LOTT 20-2002, f. & cert. ef. 9-30-02; LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08

Stat. Auth.: OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.715