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.

Source: Rule 137-055-1090 — Good Cause, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-1090.

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