Or. Admin. Code § 137-055-5240 - Credit for Support Payments Not Made through the Department of Justice
(1) In accordance
with ORS 25.020, in any support case where the obligor is required to pay
support through the Department of Justice, the administrator will not credit
the obligor's support account for any payment not made through the Department
of Justice, except as provided in ORS 25.020 and this rule.
(2) The other provisions of this rule
notwithstanding, in any case where an order of another jurisdiction is
registered in Oregon under ORS Chapter 110 for enforcement only and either the
issuing jurisdiction or the jurisdiction in which the obligee resides has an
active child support accounting case open, the administrator does not have
authority to give credit for payments not paid through the Department of
Justice. In any such case, the obligor seeking credit must request credit from
the jurisdiction with the active child support accounting case. The
administrator will adjust its records to reflect credit for such payments only
upon receiving notification from the other jurisdiction, in a record, by phone,
or by court order, that specified payments will be credited.
(3) Except as provided in OAR 137-055-3240,
the administrator will credit the obligor's support account for payments not
made through the Department of Justice when:
(a) Credit for the payments would not apply
to support assigned to the State of Oregon or to another jurisdiction, and
(A) The obligor and obligee agree in writing
that specific payments were made and should be credited to support owed to the
obligee; or
(B) The obligor and the
current or former child attending school to whom arrears are owed, as defined
in ORS 107.108 and OAR 137-055-5110, agree in writing that specific payments
were made and should be credited to support owed to the child.
(b) The administrator is enforcing
the case at the request of another jurisdiction, credit would not apply to
support assigned to the State of Oregon, and the requesting jurisdiction
verifies that payments not paid to the Department of Justice were received by
the other jurisdiction or by the obligee directly. Such verification may be in
a record, by phone, or by court order; or
(c) An order of an administrative law judge
or an order from a court of appropriate jurisdiction so specifies.
(4)
(a) The administrator will apply the amount
of the credit agreed to by the parties or found in an administrative hearings
order to the extent the credit does not exceed the balance owed to the party
who received the direct payments at the time the administrator processes the
credit.
(b) If additional arrears
accrue to the party that received the direct payments and the administrator did
not fully apply the credit under subsection (4)(a) of this rule, the obligor
may, no more often than once per year, make a request to have any unapplied
credit that was agreed by the parties or found in an administrative hearings
order applied to the subsequently accrued arrears.
(5) If a judicial order is received granting
credit for payments made, the administrator will apply the credit in full, even
if it causes a credit balance to the case. The credit balance will be offset by
the accrual of future support, if any.
(6) To receive credit for payments not made
to the Department of Justice, the obligor may apply directly to the
administrator for credit by providing a signed statement from the recipient or
verification from another state that direct payments were made and intended as
support.
(7) Except as provided in
section (2) of this rule, if the obligee, the current or former child attending
school to whom arrears are owed or other jurisdiction does not agree that
payments were made, the obligor may make a written request to the administrator
for a hearing.
(a) Prior notice of the hearing
and of the right to object will be served upon the obligee in accordance with
ORS 25.085 and upon any current or former child attending school to whom
arrears are owed.
(b) Prior notice
of the hearing and of the right to object may be served upon the obligor by
regular mail to the address provided by the obligor when applying for
credit.
(c) A hearing conducted
under this rule is a contested case hearing in accordance with ORS 183.413
through ORS 183.470. Any party may also seek a hearing de novo in the Oregon
circuit court.
(d) The other
provisions of this section notwithstanding, an administrative law judge does
not have jurisdiction under this section in cases where the administrator is
enforcing another jurisdiction's order.
Notes
Statutory/Other Authority: ORS 180.345
Statutes/Other Implemented: ORS 25.020 & 25.085
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