OAR 137-055-1020
Child Support Program Definitions

The following definitions apply to OAR 137-055-1040 (“Party Status” in Court and Administrative Proceedings) through 137-055-7190 (Review and Modification In Intergovernmental Cases):

(1)

Unless otherwise stated, “administrator” means either the Administrator of the Division of Child Support of the Department of Justice or a district attorney, or the administrator’s or a district attorney’s authorized representative.

(2)

“Assignee” means the Department of Human Services (DHS), the Oregon Health Authority (OHA), the Division of Child Support, Oregon Youth Authority (OYA) or equivalent agencies in any other state or Tribe to which support rights for a person are assigned.

(3)

“Assignment” or “Assigned” means all or a portion of support payments owed to a person will be kept by the state if the person or a beneficiary of the person is receiving Temporary Assistance for Needy Families (TANF) cash assistance, foster care, or OYA services. Support payments will be distributed as provided in OAR 137-055-6022 (Distribution and Disbursement). Additionally, if a person receives Title XIX medical assistance, medical support rights are assigned.

(4)

“Beneficiary” means any child, spouse or former spouse for whom an obligor has been ordered (or has agreed) to pay support, under a court or administrative order, or a voluntary agreement.

(5)

“Child Support Award” means a money award or administrative order that requires the payment of child support.

(6)

“Child Support Program” or ACSP” is the program authorized under title IV-D of the Social Security Act to provide child support enforcement services required by federal and state law. The CSP director in Oregon is the Administrator of the Division of Child Support. The CSP includes the Division of Child Support and those district attorneys that contract to provide services described in ORS 25.080 (Entity primarily responsible for support enforcement services).

(7)

“Class Order” means a support order for multiple children that does not specify an amount of support per child and requires the payment of the entire amount until the last child attains majority or until the order is prospectively modified.

(8)

“Court Order” means any judgment or order of the court requiring an obligor to provide child or spousal and/or health care coverage, for specified beneficiaries.

(9)

“Court ordered Amount”, or “COA”, means the periodic payment amount, usually monthly, ordered by the administrator, an administrative law judge or by a court for support. The COA can be either the amount for each beneficiary on a support case, or the total amount for all beneficiaries in a single support case.

(10)

"Department of Human Services”, or “DHS”, is the state’s health and human services agency. DHS is responsible for public assistance programs such as: TANF, Food Stamps, child-protective services, and foster care and adoption programs.

(11)

“Disbursement” means dispensing or paying out collected support.

(12)

“Distribution” means allocating or apportioning collected support.

(13)

“District Attorney”, or “DA”, means the district attorney for an Oregon county responsible for providing services under ORS 25.080 (Entity primarily responsible for support enforcement services).

(14)

“Division of Child Support”, or “DCS”, is the Division of Oregon’s Department of Justice that is responsible for providing services under ORS 25.080 (Entity primarily responsible for support enforcement services).

(15)

“Guidelines” refers to the guidelines, the formula, and related provisions established by DCS, in OAR 137-050-0705 through 137-050-0765 (Agreed Support Amount).

(16)

“Income Withholding” means a judicial or administrative process under which an obligor’s employer, trustee, or other provider of income is ordered to withhold a specified percentage, or a specified amount, from each and every paycheck or benefit payment of an obligor, for the purpose of paying current and past due support. Income withholding is distinguished from garnishment as follows: income withholding will occur continuously under a single order and is not subject to claim of exemption; a garnishment occurs for only a limited duration under a single writ and is subject to certain property exemptions provided by law.

(17)

“Initiating agency” means a state or tribal IV-D agency, or a child support agency in a reciprocating foreign country, in which an individual has applied for or is receiving child support services.

(18)

“Intergovernmental” means a case or action that involves a tribe, another country, or another state’s child support agency.

(19)

“Issuing jurisdiction” means the state, tribe or reciprocating foreign country in which a tribunal issues a support order or renders a judgment determining parentage and includes an “issuing state” as defined in ORS 110.503 (Definitions)(13).

(20)

“Judgment Lien” means the effect of a judgment on real property for the county in which the judgment is entered, or such other county where the lien is recorded, and includes any support arrearage lien attaching to real property.

(21)

“Judgment Remedy” means the ability of a judgment creditor to enforce a judgment, including enforcement through a judgment lien.

(22)

“Legal proceeding” means any action related to the support order that requires service of documents on the parties. For the purposes of OAR 137-055-1140 (Confidentiality of Records in the Child Support Program) and 137-055-1160 (Confidentiality — Finding of Risk and Order for Nondisclosure of Information), “legal proceeding” means a proceeding initiated by the administrator.

(23)

“Medicaid” refers to Title XIX of the Social Security Act (see the definition under “Title XIX”).

(24)

“Money Award” means a judgment or portion of a judgment that requires the payment of money. A money award will always refer to a sum certain and will not require a payment in installments.

(25)

“Oregon Health Authority” or “OHA” is the State of Oregon agency acting as the state Medicaid agency for administration of funds from Title XIX and XXI of the Social Security Act and to administer medical assistance under ORS chapter 414.

(26)

“Oregon Youth Authority”, or “OYA”, is the State of Oregon agency responsible for the supervision, management, and administration of state parole and probation services, community out-of-home placements, and youth correction facilities for youth offenders, and other functions related to state programs for youth corrections.

(27)

“Party” means an obligor, obligee, a child attending school under ORS 107.108 (Support or maintenance for child attending school) and OAR 137-055-5110 (Child Attending School), and includes any person who has been joined to the proceeding.

(28)

“Responding agency” means the agency that is providing services in response to a referral from an initiating agency in an intergovernmental case.

(29)

“Subsequent child” means a child whose paternity or support has not been established and who is born to the same parents of another child, or who has not been included in a support order for another child with the same parties.

(30)

“Support” means monetary payments, health care coverage payments or premiums, cash medical payments or other benefits or payments that a person has been ordered by a court or by administrative process, or has voluntarily agreed, to provide for the benefit and maintenance of another person.

(31)

“Support Arrearage Lien” means a lien that attaches to real property when an installment becomes due under the terms of a support award and is not paid.

(32)

“Support Award” means a money award or administrative order that requires the payment of child or spousal support.

(33)

“Support Order” means a judgment or order, whether temporary, final or subject to modification, which reflects an obligation to contribute to the support of a child, a spouse or a former spouse, and requires an obligor to provide monetary support, health care, arrears or reimbursement. A support order may include related costs and fees, interest, income withholding, attorney fees and other relief.

(34)

“TANF” means “Temporary Assistance for Needy Families”, a public assistance program which provides case management and cash assistance to low income families with minor children. It is designed to promote personal responsibility and accountability for parents. The goal of the program is to reduce the number of families living in poverty through employment services and community resources. Title IV-A of the Social Security Act is the specific provision that gives grants to states and Tribes for aid and services to needy families with dependent children.

(35)

“Tiered” order means an order which includes an amount of support to be paid if an adult child becomes a child attending school under ORS 107.108 (Support or maintenance for child attending school) and OAR 137-055-5110 (Child Attending School).

(36)

“Title IV-A” refers to Title IV-A of the Social Security Act, which is the specific provision that gives grants to states and Tribes for aid and services to needy families with dependent children (see “TANF”). Applicants for assistance from IV-A programs are automatically referred to their state IV-D agency in order to identify and locate the non-custodial parent, establish paternity or a child support order, and obtain child support payments.

(37)

“Title IV-D” refers to Title IV-D of the Social Security Act, which requires each state to create a program to locate noncustodial parents, establish paternity, establish and enforce child support obligations, and collect, distribute and disburse support payments. Recipients of IV-A (TANF), IV-E (foster care), XIX (Medicaid), and Oregon Youth Authority (OYA) assistance are referred to their state’s IV-D child support program. States must also accept applications from families who do not receive assistance, if requested, to assist in collection of child support. Title IV-D also established the federal Office of Child Support Enforcement.

(38)

“Title IV-E” refers to Title IV-E of the Social Security Act which established a federal-state program known as Foster Care that provides financial support to a person, family, or institution that is raising a child or children that is not their own. The funding for IV-E foster care programs is primarily from federal sources.

(39)

“Title XIX”, known as Medicaid, refers to Title XIX of the Social Security Act which mandates health care coverage by states for TANF recipients and certain other means-tested categories of persons. Within broad national guidelines which the federal government provides, each state: establishes its own eligibility standards; determines the type, amount, duration, and scope of services; sets the rate of payment for services; and administers its own program. In Oregon, the program is administered by OHA.

Source: Rule 137-055-1020 — Child Support Program Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-1020.

137‑055‑1010
Applicability of Rules in OAR 137, Division 55 137‑055‑1020
Child Support Program Definitions 137‑055‑1040
“Party Status” in Court and Administrative Proceedings 137‑055‑1060
Uniform Application for Child Support Enforcement Services 137‑055‑1070
Provision of Services 137‑055‑1080
Fees 137‑055‑1090
Good Cause 137‑055‑1100
Continuation of Services 137‑055‑1120
Case Closure 137‑055‑1140
Confidentiality of Records in the Child Support Program 137‑055‑1160
Confidentiality — Finding of Risk and Order for Nondisclosure of Information 137‑055‑1200
Use of Social Security Number by the Child Support Program 137‑055‑1320
Access to FPLS for Purposes of Parentage Establishment 137‑055‑1360
Access to FPLS for Parental Kidnapping, Child Custody or Visitation Purposes 137‑055‑1500
Incentive Payments 137‑055‑1600
Child Support Program Participant Grievance 137‑055‑1700
Division of Child Support as Garnishee — Service of Writ 137‑055‑1800
Limited English Proficiency 137‑055‑2020
Case Assignment 137‑055‑2045
Spousal Support 137‑055‑2060
Cases with Contradictory Purposes 137‑055‑2080
Office Responsible for Providing Services when Conflict of Interest 137‑055‑2100
Process Service 137‑055‑2120
Rules for Contested Case Hearings in the Child Support Program 137‑055‑2140
Delegations to Administrative Law Judge 137‑055‑2160
Requests for Hearing 137‑055‑2165
Requests to Reschedule Hearing 137‑055‑2170
Use of Lay Representatives at Administrative Hearings 137‑055‑2180
Reconsideration and Rehearing 137‑055‑2320
Requirement for Services — Obligor Bankruptcy Situations 137‑055‑2340
Obligor Bankruptcy Situations in General 137‑055‑2360
Obligor Chapter 7 and Chapter 11 Bankruptcy Situations 137‑055‑2380
Obligor Chapter 12 and Chapter 13 Bankruptcy Situations 137‑055‑3020
Paternity Establishment Procedures 137‑055‑3040
Temporary Order for Support 137‑055‑3060
Establishing Paternity in Multiple Alleged Father Cases 137‑055‑3080
Responsibility of Administrator to Establish Paternity at Request of Self-Alleged Father 137‑055‑3100
Order Establishing Paternity for Failure to Comply with an Order for Parentage Testing 137‑055‑3120
Changing Child’s Surname on Birth Certificate When Paternity Established 137‑055‑3140
Reopening of Paternity Cases 137‑055‑3200
Pending Judicial Proceedings and Existing Support Orders 137‑055‑3220
Establishment of Past Support Orders 137‑055‑3240
Establishment of Arrears 137‑055‑3260
Correction of Mistakes in Orders 137‑055‑3280
Administrative Law Judge Order Regarding Arrears 137‑055‑3290
Entry of Contingency Orders When Child Out of Care 137‑055‑3300
Incarcerated Obligors 137‑055‑3360
Entering of Administrative Orders in the Register of the Circuit Court 137‑055‑3400
District Attorney Case Assignment for Modification or Suspension of Support 137‑055‑3410
Notice and Finding of Financial Responsibility or Modification 137‑055‑3420
Periodic Review and Modification of Child Support Order Amounts 137‑055‑3430
Substantial Change in Circumstance Modification of Child Support Order Amounts 137‑055‑3435
Physical Custody Changes: Adjusting Orders 137‑055‑3440
Effective Date of Modification Under ORS 25.527 137‑055‑3460
Processing Modifications When Unable to Find the Obligee 137‑055‑3480
Modification of a Support Order to Zero or Termination of a Support Order 137‑055‑3485
Establishment or Modification for a Child Who Is Approaching or Has Reached 18 Years of Age 137‑055‑3490
Suspension of Enforcement 137‑055‑3495
Redirection of Support 137‑055‑3500
Joinder of a New Party to a Child Support Proceeding 137‑055‑3620
Administrative Subpoena 137‑055‑3640
Enforcement of a Subpoena by License Suspension 137‑055‑3660
Multiple Child Support Judgments 137‑055‑3665
Multiple Child Support Judgments — Multiple Obligees 137‑055‑4040
New Hire Reporting Requirements 137‑055‑4060
Income Withholding — General Provisions, Requirements and Definitions 137‑055‑4080
Exceptions to Income Withholding 137‑055‑4130
Reduced Income Withholding 137‑055‑4160
Contested Income Withholding 137‑055‑4210
Withholder Penalties 137‑055‑4300
Support Enforcement by Methods Other than Income Withholding 137‑055‑4320
Collection of Delinquent Support Obligations Through the Oregon Department of Revenue 137‑055‑4340
Collection of Delinquent Support Obligations Through the U.S. Secretary of the Treasury 137‑055‑4420
License Suspension for Child Support 137‑055‑4440
Liens Against Personal and Real Property 137‑055‑4450
Expiration and Release of Judgment Liens 137‑055‑4455
Expiration of Support Judgment Remedies 137‑055‑4460
Posting Security Bond or Other Guarantee of Payment of Overdue Support 137‑055‑4500
Financial Institution Data Match — Reasonable Fee 137‑055‑4510
Financial Institution Data Matches – Insurance Claims 137‑055‑4520
Garnishment 137‑055‑4540
Passport Denial and Release 137‑055‑4560
Consumer Credit Reporting Agencies 137‑055‑4620
Enforcing Health Care Coverage and Cash Medical Support 137‑055‑4640
Medical Support Notice — Plan Selection 137‑055‑5025
Payment of Child Support to an Escrow Agent 137‑055‑5030
Receipting of Support Payments 137‑055‑5035
Payment by Electronic Funds Transfer 137‑055‑5040
Accrual and Due Dates 137‑055‑5045
Inconsistent Provisions: Body of Order and Support or Money Award 137‑055‑5060
Billings for Support Payments 137‑055‑5080
Adding Interest 137‑055‑5110
Child Attending School 137‑055‑5120
Child Attending School — Arrears 137‑055‑5220
Satisfaction of Support Awards 137‑055‑5240
Credit for Support Payments not made to the Department of Justice 137‑055‑5400
Obligor Receiving Cash Assistance, Presumed Unable to Pay Child Support 137‑055‑5510
Request for Credit Against Child Support Arrears for Physical Custody of Child 137‑055‑5520
Request for Credit Against Child Support Arrears for Social Security or Veterans’ Benefits Paid Retroactively on Behalf of a Child 137‑055‑6010
Definitions for Distribution and Disbursement 137‑055‑6020
Disbursement by Electronic Funds Transfer/Electronic Data Interchange 137‑055‑6021
Allocation, Distribution, and Disbursement: General Provisions 137‑055‑6022
Distribution and Disbursement 137‑055‑6023
Exceptions to Allocation, Distribution, and Disbursement 137‑055‑6024
Allocation of Collections to Multiple Cases 137‑055‑6026
Payment Holds 137‑055‑6040
Right to Hearing to Contest Amount of Assigned Support 137‑055‑6120
Satisfaction of Arrears for Less Than Full Payment 137‑055‑6200
Adjusting Case Arrears When an Error is Identified 137‑055‑6210
Advance Payments of Child Support 137‑055‑6220
Recovery of Overpayments and Collection of Receivable Accounts 137‑055‑6240
Dishonored Payments on Support Accounts 137‑055‑6260
Return of Payments to Obligor or Other Jurisdiction 137‑055‑6280
Refund of Improper Tax Refund Collection 137‑055‑7040
Central Registry 137‑055‑7060
Initiating Jurisdiction Responsibilities – General Provisions 137‑055‑7100
Interstate Income Withholding 137‑055‑7120
Responding Jurisdiction Responsibilities – General Provisions 137‑055‑7140
Oregon as Responding Jurisdiction – Establishing Paternity 137‑055‑7180
Determining Controlling Order 137‑055‑7190
Review and Modification In Intergovernmental Cases
Last Updated

Jun. 8, 2021

Rule 137-055-1020’s source at or​.us