Or. Admin. Code § 137-055-6021 - Allocation, Distribution, and Disbursement: General Provisions
(1) The Department
of Justice will disburse support payments within two business days after
receipt if sufficient information identifying the payee is provided, except:
(a) Support payments received from tax refund
intercepts will be allocated, and, as appropriate, distributed and disbursed
within 30 calendar days of receipt or, if applicable, within 15 calendar days
of an administrative review or hearing. If the state is notified by the
Secretary of the U.S. Treasury (the Secretary) or the Oregon Department of
Revenue that an offset on a non-assistance case is from a refund based on a
joint return, distribution or disbursement may be delayed, up to a maximum of
six months, until notified by the Secretary or the Department of Revenue that
the obligor's spouse has been paid their share of the refund;
(b) Support payments received from a
garnishment will be disbursed as provided in OAR 137-055-4520;
(c) Support payments for future support, or
any excess funds after arrears are paid in full, will be processed as provided
in OAR 137-055-6260;
(d) Support
payments for less than $5:
(A) May be delayed
until a future payment is received which increases the payment amount due the
family to at least $5; or
(B) Will
be retained by the Department if case circumstances are such that there is no
possibility of a future payment, unless the obligee:
(i) Has direct deposit;
(ii) Receives ReliaCard payments;
or
(iii) Requests issuance of a
check, if the obligee does not have direct deposit or has an exemption from
receiving ReliaCard payments.
(e) When an obligor contests an order to
withhold, funds will be disbursed pursuant to OAR 137-055-4160(5).
(2) The Department may redirect
support payments designated for the obligee to another person or entity caring
for the child in accordance with OAR 137-055-3495, or to a child who qualifies
as a child attending school under ORS 107.108, pursuant to OAR
137-055-5110.
(3) "Family support"
or any other form of support that does not differentiate between child support
and spousal support will be treated as child support for the purposes of OAR
137-055-6010 through 137-055-6024.
(4) When there are multiple children on a
single case with different assistance statuses, unless the order indicates a
specified amount per child, current support payments will be prorated based
upon the number of children and their assistance status. Support payments in
excess of current support for these cases will be distributed and, as
appropriate, disbursed as provided in OAR 137-055-6022.
(5) When a federal tax refund intercept
collection is received, the Department will credit the obligor's case for the
full amount of the collection. The fee will be deducted from each disbursement
in proportion to the amount of the payment applied to each state and family
account. If there are multiple cases, the fee will be split equally between
each case, and then prorated among the state and family accounts.
(6) When a state tax refund intercept
collection is received, the Department will credit the obligor's case for the
full amount of the collection. The fee will be deducted from each disbursement
in proportion to the amount of the payment applied to each case, and each
account within a case.
(7) Within
each arrears type in the sequence of payment distribution and disbursement in
OAR 137-055-6022, 137-055-6023 or 137-055-6024, the Department will apply the
support payment to the oldest debt in each arrears type.
(8) When a case converted from the Child
Support Enforcement Automated System (CSEAS) to the Origin child support
automated system, any combined child and spousal support arrears were converted
by dividing the existing arrears into separate accounts based on the ratio of
the current support obligation for both categories. When there was only child
support or only spousal support accruing as current support at the time of
conversion, this division was as follows:
(a)
If there was only a current child support obligation at the time of conversion,
then child and spousal arrears were converted as child support
arrears.
(b) If there was only a
current spousal support obligation at the time of conversion, then child and
spousal arrears were converted as spousal support arrears.
(9) Upon request of a party asserting that
the conversion division between child and spousal arrears is inaccurate, the
administrator will perform an audit and if appropriate adjust the converted
balances.
Notes
Statutory/Other Authority: ORS 25.020, 25.610 & 180.345
Statutes/Other Implemented: ORS 18.645, 25.020 & 25.610
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