Or. Admin. Code § 137-055-6026 - Payment Holds

(1) The Department of Justice may hold some or all of a payment received from or on behalf of an obligor when an action is pending to modify, terminate, satisfy, vacate, or set aside an order and completion of the action is likely to create an overpayment of the entire support case or one or more accounts within the support case.

(2) Any portion of a payment held under this rule may be released, refunded, reallocated, or redistributed upon resolution of the pending action.

(3) When the first payment during a pending action is held under this rule, the administrator will send written notice to all parties on the case where payments are being held.

(4) The notice will advise the parties that they may object on the basis that they believe the account balances are incorrect and they would not be overpaid.

(5) The Division of Child Support will conduct an administrative review within 30 days of receiving the written request and will send written notification of the results of the review to the parties.

(6) The parties may appeal the administrator's decision to hold payments as provided in ORS 183.484.

Notes

Or. Admin. Code § 137-055-6026

DOJ 7-2021, adopt filed 03/26/2021, effective 4/1/2021

Statutory/Other Authority: ORS 25.125, 25.241 & 180.345

Statutes/Other Implemented: ORS 25.241