OAR 137-055-1090
Good Cause


(1) For the purposes of OAR chapter 137, division 055, good cause means the Child Support Program (CSP) is exempt from providing services as defined in ORS 25.080 (Entity primarily responsible for support enforcement services). Specifically excluded from this definition are good cause for not withholding as defined in ORS 25.396 (Exception to withholding) and OAR 137-055-4060 (Income Withholding — General Provisions, Requirements and Definitions) and good cause found for not disbursing support to a child attending school under ORS 107.108 (Support or maintenance for child attending school) and OAR 137-055-5110 (Child Attending School).
(2) If an obligee believes that physical or emotional harm to the family may result if services under ORS 25.080 (Entity primarily responsible for support enforcement services) are provided, the obligee may request, either verbally or in writing, that the administrator discontinue all activity against the obligor. Upon such a request by an obligee, the administrator will:
(a) On an open TANF or Medicaid case, immediately suspend all activity on the case, notify DHS or OHA to add good cause coding, and send a safety packet to the obligee requesting a response be sent to DHS; or
(b) On any other case, immediately suspend all activity on the case, add good cause case coding pending a final determination, and send a Client Safety Packet on Good Cause to the obligee requesting a response within 30 days.
(3) Good cause must be determined by:
(a) The Department of Human Services (DHS), pursuant to OAR 413-100-0830 (Paternity and Parentage Establishment), 461-120-0350 (Individuals Excused for Good Cause from Compliance with Requirements to Pursue Child Support, Health Care Coverage, and Medical Support), 461-135-1200 (Specific Requirements; TA-DVS) or 461-135-1205, if TANF or Title IV-E benefits are being provided;
(b) The Oregon Health Authority (OHA), pursuant to OAR 461-120-0350 (Individuals Excused for Good Cause from Compliance with Requirements to Pursue Child Support, Health Care Coverage, and Medical Support) and 410-200-0220 (Requirement to Pursue Assets), if Medicaid benefits are being provided;
(c) The Oregon Youth Authority (OYA), pursuant to OAR 416-100-0020 (Exemptions) and Policy Statement I-B-7.0, if the child is in OYA’s custody;
(d) The Director of the CSP when the provisions of OAR 137-055-3080 (Responsibility of Administrator to Establish Paternity at Request of Self-Alleged Father) apply; or
(e) The administrator when the provisions of subsections (a) through (d) of this section do not apply.
(4) When the provisions of subsection (3)(e) apply and the obligee makes a written claim that the provision of services may result in emotional or physical harm to the child or obligee or completes and returns the good cause form, the administrator will:
(a) Make a finding and determination that it is in the best interests of the child not to provide services;
(b) Proceed with case closure pursuant to OAR 137-055-1120 (Case Closure); and
(c) File credit all arrears.
(5) In determining whether providing services is in the best interest of the child under section (3)(d), the CSP Director will consider:
(a) The likelihood that provision of services will result in physical or emotional harm to the child or obligee, taking into consideration:
(A) Information received from the obligee; or
(B) Records or corroborative statements of past physical or emotional harm to the child or obligee, if any.
(b) The likelihood that failure to provide services will result in physical or emotional harm to the child or obligee;
(c) The degree of cooperation needed to complete the service;
(d) The availability and viability of other protections, such as a finding of risk and order for non-disclosure pursuant to OAR 137-055-1160 (Confidentiality — Finding of Risk and Order for Nondisclosure of Information); and
(e) The extent of involvement of the child in the services sought.
(6) A finding and determination by the CSP Director that good cause does not apply, may be appealed as provided in ORS 183.484 (Jurisdiction for review of orders other than contested cases).
(7) A finding and determination of good cause applies to any case which involves the same obligee and child, or any case in which a child is no longer in the physical custody of the obligee, but there is a support order for the child in favor of the obligee.
(8) When an application for services is received from an obligee and TANF, Title IV-E or Medicaid benefits are not being provided, the child is not in OYA’s custody, and there has been a previous finding and determination of good cause, the administrator will:
(a) Notify the obligee of the previous finding and determination of good cause and provide a Client Safety Packet;
(b) Allow the obligee 30 days to retract the application for services or return appropriate documents from the Client Safety Packet; and
(c) If no objection to proceeding or good cause form is received from the obligee, document CSEAS, remove the good cause designation and, if the case has been closed, reopen the case.
(9) When an application for services is received from a physical custodian of a child, the physical custodian is not the obligee who originally claimed good cause and TANF, Title IV-E or Medicaid benefits are not being provided, the child is not in OYA’s custody and there is no previous support award, the administrator will open a new case without good cause coding with the physical custodian as the obligee.
(10)(a) When an application for services is received from a physical custodian of a child, the physical custodian is not the obligee who originally claimed good cause and TANF, Title IV-E or Medicaid benefits are not being provided, the child is not in OYA’s custody, and the case in which there has been a finding and determination of good cause has a support award in favor of the obligee who originally claimed good cause, the administrator will:
(A) Notify the obligee who originally claimed good cause that an application has been received and provide a Client Safety Packet; and
(B) Advise the obligee who originally claimed good cause that the previous good cause finding and determination will be treated as a claim of risk as provided in OAR 137-055-1160 (Confidentiality — Finding of Risk and Order for Nondisclosure of Information); and
(C) Allow the obligee 30 days to provide a contact address as provided in OAR 137-055-1160 (Confidentiality — Finding of Risk and Order for Nondisclosure of Information).
(b) If an objection or good cause form is received from the obligee who originally claimed good cause, or if the location of the obligee who originally claimed good cause is unknown, the administrator will forward the objection, form or case to the Director of the CSP for a determination of whether to proceed;
(c) If no objection or good cause form is received from the obligee who originally claimed good cause, the administrator will document CSEAS, make a finding of risk and order for non-disclosure pursuant to OAR 137-055-1160 (Confidentiality — Finding of Risk and Order for Nondisclosure of Information) for that obligee, remove the good cause designation, and, if the case has been closed, reopen the case.
(11)(a) If a request for services under ORS chapter 110 is received from another jurisdiction and TANF, Title IV-E or Medicaid benefits are not being provided by the State of Oregon, the child is not in OYA’s custody and there has been a finding and determination of good cause, the administrator will:
(A) Notify the referring jurisdiction of the finding and determination of good cause and request that the jurisdiction consult with the obligee to determine whether good cause should still apply; and
(B) If the location of the obligee is known, notify the obligee that the referral has been received, provide a Client Safety Packet and ask the obligee to contact both the referring agency and the administrator if there is an objection to proceeding; and
(C) Advise the obligee who originally claimed good cause that the previous good cause finding and determination will be treated as a claim of risk as provided in OAR 137-055-1160 (Confidentiality — Finding of Risk and Order for Nondisclosure of Information); and
(D) Allow the obligee 30 days to provide a contact address as provided in OAR 137-055-1160 (Confidentiality — Finding of Risk and Order for Nondisclosure of Information).
(b) If an objection or good cause form is received from the obligee, the administrator will forward the objection, form or case to the Director of the CSP for a determination of whether to proceed.
(c) If there is no objection or good cause form received from the obligee, or if the obligees address is unknown, and the referring jurisdiction advises that the finding and determination of good cause no longer applies, the administrator will document CSEAS, remove the good cause designation and, if the case has been closed, reopen the case.

(12)

If a referral for services under ORS 25.080 (Entity primarily responsible for support enforcement services) is received because TANF, Title IV-E or Medicaid benefits are being provided or the child is in OYAs custody, and there has been a good cause determination, the administrator will notify the state agency currently providing services of the previous good cause determination. The administrator will not provide services unless the program currently providing services determines good cause no longer applies and requests the administrator remove the coding.
(13) Notwithstanding any other provision of this rule, when a case has not previously had a good cause finding and determination and TANF, Title IV-E or Medicaid benefits are being provided or the child is in OYA’s custody, and DHS, OHA or OYA makes a current good cause finding and determination on a related case, the administrator will not provide services on the case or related cases unless and until good cause coding is removed by DHS, OHA or OYA.
(14) In any case in which a good cause finding and determination has been made and subsequently removed, past support under ORS 25.515 (Past support) and OAR 137-055-3220 (Establishment of Past Support Orders) may not be sought for any periods prior to the determination that good cause no longer applies.
(15) In any case in which a good cause finding and determination has been made, and a child attending school as defined in ORS 107.108 (Support or maintenance for child attending school) and OAR 137-055-5110 (Child Attending School) is a party to the case, the child attending school may file an application for services pursuant to OAR 137-055-1060 (Uniform Application for Child Support Enforcement Services), OAR 137-055-1070 (Provision of Services) and OAR 137-055-5110 (Child Attending School).
(16) If a participant in the Address Confidentiality Program obtains a confidential name change, and the administrator is unable to provide services without impairing the health or safety of a participant or a child, the administrator may close for good cause any case for the participant.
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 137-055-1090’s source at or​.us