Or. Admin. Code § 137-055-5510 - Request for Credit Against Child Support Arrears for Physical Custody of Child
The terms used in this rule have the meanings set out in OAR 137-055-6010.
(1) In accordance with
ORS 25.527, the administrator may allow a credit against child support arrears
for periods of time during which the obligor has physical custody of all
children under a child support order when a written request is received, and:
(a) Physical custody was pursuant to a
court-ordered parenting time schedule, and the court order specifically states
that the obligor is allowed a credit for parenting time that is not already
factored into the monthly child support amount;
(b) Physical custody was with the knowledge
and consent of the obligee; or
(c)
The obligor has custody of the children pursuant to a court order.
(2) A request for credit against
child support arrears under this rule may be made:
(a) As part of a request for modification for
a time period immediately prior to the effective date of the modification;
or
(b) Independently of a request
for modification for any time period within two years prior to the date of the
written request.
(3) When
the obligor is seeking credit for physical custody as part of a modification
action, credit may only be allowed beginning with the first accrual that occurs
on or after the date of the physical custody change through the effective date
of the modification.
(4) When the
obligor is seeking credit for physical custody independent of a modification,
credit may only be allowed if the children are with the obligor for 30
consecutive days or the entire month for which credit is sought.
(5) When the obligor is seeking a credit for
fewer than all of the children under a child support order, a credit may only
be allowed if the order is not a class order as defined in OAR
137-055-1020.
(6) Credit for
physical custody may not be allowed for any child who is a child attending
school or an adult child as defined in ORS 107.108 and OAR 137-055-5110, and
credit may not be allowed against any arrears that have accrued to a child
attending school account.
(7)
Notwithstanding sections (3) through (6), the maximum credit allowed will be
limited to the amount of the child support arrears.
(8) The administrator will provide the
parties a notice indicating the amount to be credited. The notice will be sent
by regular mail when provided independently of a modification and by the
appropriate service method when provided as part of the modification
action.
(9) Within 30 days of being
served with the notice, a party may request an administrative hearing. The
request must be made in writing, and the only basis upon which a party may
object is that:
(a) The obligor did not have
physical custody of all the children under the support order for the time
periods requested;
(b) The obligor
had physical custody of the children, but the custody was not with the
knowledge and consent of the obligee, and the obligor does not have legal
custody of the children; or
(c) The
obligor had physical custody of the children pursuant to a court order for
parenting time, and credit for custody has already been factored into the
support order.
(10) Any
appeal of the decision made by an administrative law judge must be to the
circuit court for a hearing de novo pursuant to ORS 25.513.
(11) If a credit is allowed pursuant to this
rule, the credit will be applied as follows:
(a) If none of the arrears are assigned to
the state, the credit will be applied to the family's unassigned
arrears;
(b) If there are arrears
assigned to the state, the credit will be applied in the following sequence:
(A) Family's unassigned arrears;
(B) Family's conditionally assigned
arrears;
(C) Family's unassigned
during assistance arrears;
(D)
State's permanently assigned arrears, not to exceed the amount of unreimbursed
assistance.
Notes
Statutory/Other Authority: ORS 25.505 & 180.345
Statutes/Other Implemented: ORS 25.527
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