Or. Admin. Code § 137-055-5120 - Child Attending School - Arrears

(1) For purposes of this rule, "arrears" means past-due support that has accrued but does not include support for the current month even if the due date for that month has passed.

(2) Unless otherwise provided by a support judgment, a child attending school is not a judgment creditor to the support order, and the provisions of this rule apply.

(3) Beginning January 1, 2018, support for a child attending school that is not paid when due will accrue to the child's account, and unless the court or administrator has made a finding there is a reason to distribute in some other manner as provided in ORS 107.108 (5) or OAR 137-055-5110 (4), a prorated share of any arrears payment received will be distributed to that child, as outlined in OAR 137-055-6021.

(4)

(a) The administrator will not establish arrears for a child attending school for any period that services were not being provided unless a judicial order found that the child qualified as a child attending school during the period for which arrears establishment is being requested.

(b) When establishing arrears for any period when a child was a child attending school, arrears will be established to the child's account.

(5) A child attending school may not satisfy arrears but may agree to a credit for direct payment, pursuant to OAR 137-055-5240, against arrears which have accrued to the child attending school account only, not to exceed the balance owing to the child's account at the time the credit is applied to the case.

Notes

Or. Admin. Code § 137-055-5120

AFS 21-1991, f. 10-23-91, cert. ef. 11-1-91; AFS 26-1991, f. 12-31-91, cert. ef. 1-1-92; AFS 9-1992, f. & cert. ef. 4-1-92; AFS 31-1992, f. 10-29-92, cert. ef. 11-1-92; AFS 18-1997(Temp), f. 9-23-97, cert. ef. 10-4-97; Temporary suspended by AFS 23-1997, f. 12-29-97, cert. ef. 1-1-98; AFS 2-2000, f. 1-28-00, cert. ef. 2-1-00; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0136; AFS 23-2001, f. 10-2-01, cert. ef. 10-6-01; AFS 17-2002(Temp), f. 10-30-02, cert. ef. 11-1-02 thru 4-29-03; SSP 4-2003, f. 2-25-03, cert. ef. 3-1-03; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-5120; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-5120; DOJ 12-2004, f. & cert. ef. 10-1-04; DOJ 4-2005, f. & cert. ef. 4-1-05; DOJ 5-2005, f. & cert. ef. 7-15-05; DOJ 8-2005(Temp), f. & cert. ef. 9-1-05 thru 2-17-06; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 5-2006, f. 6-29-06, cert. ef. 7-3-06; DOJ 13-2017, amend filed 12/29/2017, effective 1/1/2018; DOJ 41-2020, minor correction filed 02/05/2020, effective 2/5/2020; DOJ 2-2025, amend filed 02/24/2025, effective 2/28/2025

Statutory/Other Authority: ORS 25.020 & 180.345

Statutes/Other Implemented: ORS 25.020 & 107.108