Or. Admin. Code § 137-055-4340 - Collection of Delinquent Support Obligations Through the U.S. Secretary of the Treasury
(1) The
administrator of the Department of Justice Division of Child Support may claim
federal tax refunds and administrative offset of other payments from the
federal government through the U.S. Secretary of the Treasury (Secretary)
otherwise due to be paid to an obligor to collect support arrears.
(2) The Department of Justice will file such
claims with the Secretary according to rules and procedures established by the
federal government.
(3) Referral of
arrears will be a liquidated claim, debt, or account established by a court or
administrative order.
(4) The
Department of Justice will refer arrears owed by an obligor for federal tax
refund or administrative offset where the case record indicates the obligee is
not currently claiming good cause for not cooperating with efforts to establish
or enforce support; and
(a) The arrears
assigned to the state total at least $150; or
(b) The arrears not assigned to the state
total at least $500.
(5)
The Department of Justice will distribute and, as appropriate, disburse tax
refunds and other federal administrative offsets recovered by this process as
set out in OARs 137-055-2360, 137-055-2380, and 137-055-6021 through
137-055-6024.
(6) A pre-offset
notice will be sent to the obligor by either the federal government or the
Department of Justice of the intent to claim tax refunds, or other federal
payments through the Secretary, and apply them to the obligor's account. Any
past-due support that accrues after the notice is sent will be added to the
debt of the obligor and be subject to offset until paid in full without further
notification. If an obligor's debt is determined to be ineligible or becomes
ineligible for offset and subsequently requalifies pursuant to subsection (4)
of this rule, a new pre-offset notice will be sent. The pre-offset notice will
advise the obligor of the right to an administrative review regarding this
action.
(7) The only issues that
may be considered in the administrative review are:
(a) Whether the obligor is the person who
owes the support as indicated by the case record; or
(b) Whether the arrears indicated in the
notice are correct.
(8)
Upon receipt of the request for review, the administrator will schedule the
review and notify the parties of the date, time, and place of the
review.
Notes
Statutory/Other Authority: ORS 25.625 & 180.345
Statutes/Other Implemented: ORS 25.625
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