Or. Admin. Code § 137-055-2045 - Spousal Support
(1) For
the purposes of this rule, the following apply:
(a) A "spousal support only case" is a case
in which there is a continuing spousal support obligation and no current child
support obligation or child support arrears.
(b) "Public assistance" means any financial
or medical assistance granted in accordance with state, federal, or Tribal law.
Examples of public assistance include, but are not limited to, Supplemental
Nutrition Assistance Program benefits (SNAP), Medicaid, Medicare, assistance
for seniors and people with physical disabilities, Temporary Assistance for
Needy Families (TANF), Social Security Disability Insurance (SSDI), and
Supplemental Security Income (SSI).
(2) When an Oregon judgment or order for
spousal support does not include a child support obligation or the child
support obligation is paid in full, but seeks program services for enforcement
of spousal support, and an application for services is received with proof that
the obligee is receiving public assistance, the administrator will:
(a) Create a non-IV-D case as defined in OAR
137-055-1070;
(b) Initiate income
withholding under ORS 25.372 to 25.427 for current spousal support only;
and
(c) Maintain a record of the
amounts received and disbursed on the case. No other accounting services or
legal actions will be provided, and arrears will not be enforced.
(3) If spousal support was being
enforced in combination with child support services on a IV-D case as defined
in OAR 137-055-1070 but there is no longer a current child support obligation,
no child support arrears are owed, and services have been continuously
provided, the administrator will keep the IV-D case open for current spousal
support and arrears, if any, and continue to provide state-level IV-D services.
State-level IV-D services include accounting and income withholding services
under ORS 25.372 to 25.427, state tax offset, lien release services, electronic
payment withdrawal, services necessary to distribute payments, and services
necessary to determine an accurate case balance.
(4) When a case that qualified for the
services under section (3) of this rule is closed, the case may not be reopened
as a IV-D case, but may be reopened as a non-IV-D spousal support only case if
the criteria in section (2) of this rule are met.
(5) Any spousal support only case as
described in sections (2) or (3) of this rule will be assigned to the Spousal
Support office within the Division of Child Support.
(6) Regardless of whether the obligee is
receiving public assistance, the administrator may initiate case closure if any
of the following applies:
(a) There is no
known employer for the obligor, no active income withholding in place, and no
payments have been received within the last six months;
(b) The obligee requests case
closure;
(c) The obligee or obligor
dies;
(d) In a non-IV-D spousal
support only case, there is no longer a current spousal support
obligation;
(e) The obligor cannot
pay support for the duration of the order because the obligor is
institutionalized in a psychiatric facility, incarcerated with no chance for
parole, or has a medically verified total and permanent disability with no
evidence of support potential and is without income for withholding;
(f) The obligor is a citizen of, and lives
in, a foreign country, does not work for the federal government or for a
company or state with headquarters in or offices in the United States, and has
no reachable income for withholding in the United States;
(g) The obligor's sole income source is from
SSI, or both SSI payments and either SSDI benefits or Social Security
Retirement (SSR) benefits; or
(h)
The obligee does not, on request, provide information necessary for the
administrator to continue providing services, such as the obligor's employer
information for the obligor or the obligee's contact information.
(7) The administrator will notify
the parties and document the justification for case closure by a notation on
the case record.
Notes
Statutory/Other Authority: ORS 180.345
Statutes/Other Implemented: ORS 25.381
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