Or. Admin. Code § 137-055-1020 - Child Support Program Definitions
The following definitions apply to OAR 137-055-1040 through 137-055-7190:
(1) Unless otherwise
stated, administrator means either the Administrator of the Division of Child
Support of the Department of Justice or a district attorney, or the
administrators or a district attorneys authorized representative.
(2) "Assignee" means the Oregon Department of
Human Services (ODHS), the Oregon Health Authority (OHA), the Division of Child
Support, or equivalent agencies in any other state or Tribe to which support
rights for a person are assigned.
(3) "Assignment" or "Assigned" means all or a
portion of support payments owed to a person will be kept by the state if the
person or a beneficiary of the person is receiving Temporary Assistance for
Needy Families (TANF) cash assistance or foster care services. Support payments
will be distributed as provided in OAR 137-055-6022. Additionally, if a person
receives Title XIX medical assistance, medical support rights are
assigned.
(4) "Beneficiary" means
any child, spouse, or former spouse for whom an obligor has been ordered (or
has agreed) to pay support, under a court or administrative order, or a
voluntary agreement.
(5) "Child
support award" means a money award or administrative order that requires the
payment of child support.
(6)
"Class order" means a support order for multiple children that does not specify
an amount of support per child and requires the payment of the entire amount
until the last child attains majority or until the order is prospectively
modified.
(7) "Court order" means
any judgment or order of the court requiring an obligor to provide child or
spousal and/or health care coverage, for specified beneficiaries.
(8) "Court-ordered amount" or "COA" means the
periodic payment amount, usually monthly, ordered by the administrator, an
administrative law judge or by a court for support. The COA can be either the
amount for each beneficiary on a support case, or the total amount for all
beneficiaries in a single support case.
(9) "District Attorney" or "DA" means the
district attorney for an Oregon county responsible for providing services under
ORS 25.080.
(10) "Division of Child
Support" or "DCS" is the division of the Oregon Department of Justice that is
responsible for providing services under ORS 25.080.
(11) "Guidelines" refers to the guidelines,
the formula, and related provisions established by DCS, in OAR 137-050-0705
through 137-050-0765.
(12) "Income
withholding" means a judicial or administrative process under which an
obligor's employer, trustee, or other provider of income is ordered to withhold
a specified percentage, or a specified amount, from each and every paycheck or
benefit payment of an obligor, for the purpose of paying current and past-due
support. Income withholding is distinguished from garnishment as follows:
income withholding will occur continuously under a single order and is not
subject to claim of exemption; a garnishment occurs for only a limited duration
under a single writ and is subject to certain property exemptions provided by
law.
(13) "Initiating agency" means
a state or Tribal IV-D agency, or a child support agency in a reciprocating
foreign country, in which an individual has applied for or is receiving child
support services.
(14)
"Intergovernmental" means a case or action that involves a Tribe, another
country, or another state's child support agency.
(15) "Issuing jurisdiction" means the state,
Tribe or reciprocating foreign country in which a tribunal issues a support
order or renders a judgment determining parentage and includes an "issuing
state" as defined in ORS 110.503(13).
(16) "Judgment lien" means the effect of a
judgment on real property for the county in which the judgment is entered, or
such other county where the lien is recorded, and includes any support
arrearage lien attaching to real property.
(17) "Judgment remedy" means the ability of a
judgment creditor to enforce a judgment, including enforcement through a
judgment lien.
(18) "Legal
proceeding" means any action related to the support order that requires service
of documents on the parties. For the purposes of OAR 137-055-1140 and
137-055-1160, legal proceeding means a proceeding initiated by the
administrator.
(19) "Medicaid"
refers to Title XIX of the Social Security Act (see the definition under "Title
XIX").
(20) "Money award" means a
judgment or portion of a judgment that requires the payment of money. A money
award will always refer to a sum certain and will not require a payment in
installments.
(21) "Oregon Child
Support Program," "Child Support Program," or "CSP" is the program authorized
under Title IV-D of the Social Security Act to provide child support
enforcement services required by federal and state law. The Child Support
Program director in Oregon is the Administrator of the Division of Child
Support. The Oregon Child Support Program includes the Division of Child
Support and those district attorneys that contract to provide services
described in ORS 25.080.
(22)
"Oregon Department of Human Services" or "ODHS" is the state's health and human
services agency. The ODHS is responsible for public assistance programs such as
TANF, Supplemental Nutrition Assistance Program or SNAP (food stamps),
child-protective services, and foster care and adoption programs.
(23) "Oregon Health Authority" or "OHA" is
the state's Medicaid agency for administration of funds from Title XIX and XXI
of the Social Security Act and to administer medical assistance under ORS
Chapter 414.
(24) "Party" means an
obligor, obligee, or a child attending school under ORS 107.108 and OAR
137-055-5110, and includes any person who has been joined to the
proceeding.
(25) "Responding
agency" means the agency that is providing services in response to a referral
from an initiating agency in an intergovernmental case.
(26) "Subsequent child" means a child whose
paternity or support has not been established and who is born to the same
parents of another child, or who has not been included in a support order for
another child with the same parties.
(27) "Support" means monetary payments,
health care coverage payments or premiums, cash medical payments or other
benefits or payments that a person has been ordered by a court or by
administrative process, or has voluntarily agreed, to provide for the benefit
and maintenance of another person.
(28) "Support arrearage lien" means a lien
that attaches to real property when an installment becomes due under the terms
of a support award and is not paid.
(29) "Support award" means a money award or
administrative order that requires the payment of child or spousal
support.
(30) "Support order" means
a judgment or order, whether temporary, final, or subject to modification, that
reflects an obligation to contribute to the support of a child, a spouse or a
former spouse, and requires an obligor to provide monetary support, health
care, arrears or reimbursement. A support order may include related costs and
fees, interest, income withholding, attorney fees and other relief.
(31) "TANF" means Temporary Assistance for
Needy Families, a public assistance program that provides case management and
cash assistance to low-income families with minor children. It is designed to
promote personal responsibility and accountability for parents. The goal of the
program is to reduce the number of families living in poverty through
employment services and community resources. Title IV-A of the Social Security
Act is the specific provision that gives grants to states and Tribes for aid
and services to needy families with dependent children.
(32) "Tiered order" means an order that
includes an amount of support to be paid if an adult child becomes a child
attending school under ORS 107.108 and OAR 137-055-5110.
(33) "Title IV-A" refers to Title IV-A of the
Social Security Act, which is the specific provision that gives grants to
states and Tribes for aid and services to needy families with dependent
children (see TANF). Applicants for assistance from IV-A programs are
automatically referred to their state IV-D agency to identify and locate the
non-custodial parent, establish paternity or a child support order, and obtain
child support payments.
(34) "Title
IV-D" refers to Title IV-D of the Social Security Act, which requires each
state to create a program to locate noncustodial parents, establish paternity,
establish and enforce child support obligations, and collect, distribute and
disburse support payments. Recipients of IV-A (TANF), IV-E (foster care), and
XIX (Medicaid) assistance are referred to their state's IV-D child support
program. States must also accept applications from families who do not receive
assistance, if requested, to assist in collection of child support. Title IV-D
also established the federal Office of Child Support Services.
(35) "Title IV-E" refers to Title IV-E of the
Social Security Act, which established a federal-state program known as Foster
Care that provides financial support to a person, family, or institution that
is raising a child or children who is not their own. The funding for IV-E
foster care programs is primarily from federal sources.
(36) "Title XIX", known as Medicaid, refers
to Title XIX of the Social Security Act, which mandates health c are coverage
by states for TANF recipients and certain other means-tested categories of
persons. Within broad national guidelines that the federal government provides,
each state: establishes its own eligibility standards; determines the type,
amount, duration, and scope of services; sets the rate of payment for services;
and administers its own program. In Oregon, the program is administered by
OHA.
Notes
Statutory/Other Authority: ORS 18.005 & 180.345
Statutes/Other Implemented: ORS 25.080
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