OAR 137-055-1500
Incentive Payments

(1)

For purposes of this rule, the following definitions apply:

(a)

“Centralized services” may include, but are not limited to: accounting functions, bankruptcy case management, central registry for interstate cases, computer charges, constituent desk, Child Support Program directors office administrative costs, garnishments resulting from a Financial Institution Data Match, locate services, mainframe, Oregon District Attorney Association liaison position, postage, receipt, distribution and disbursement of support payments, and unemployment compensation and workers’ compensation withholdings;

(b)

“County” or “Counties” means the county district attorneys under cooperative agreements to provide support enforcement services under ORS 25.080 (Entity primarily responsible for support enforcement services) and any county which enters into an agreement with the Division of Child Support (DCS) under 25.080 (Entity primarily responsible for support enforcement services)(5) on or after May 1, 2001, for DCS to assume the functions of the district attorney;

(c)

“Counties’ Collection Base” is that portion of the “State’s Collection Base” attributable only to amounts for cases assigned to the counties;

(d)

“DCS’ Collection Base” is that portion of the “State’s Collection Base” attributable only to amounts for cases assigned to DCS;

(e)

“State’s Collection Base” has the meaning given in 45 CFR 305.31(f);

(f)

“Available incentive payment pool” is the projected amount from the biennial budget of the gross amount of incentives to be received from the federal Department of Health and Human Services (DHHS) for the current fiscal year.

(2)

Beginning with incentive payments received for federal fiscal year (FFY) 2002 (October 1, 2001 through September 30, 2002), incentive payments received by the Oregon Child Support Program from the federal DHHS pursuant to 45 CFR 305 et seq. will be allocated to each county and DCS based on their performance in four program areas:

(a)

Support order establishment;

(b)

Current support collections;

(c)

Collection on arrears; and

(d)

Cost-effectiveness.

(3)

The incentive calculations for the current federal fiscal year will be based on the performance data from the final Office of Child Support Enforcement 157 report for the previous FFY and the states available incentive payment pool for the current FFY.

(4)

The formulas to compute each county’s and DCS’ performance for the four program areas identified in section (2) of this rule are as stated in 45 CFR 305.2.

(5)

Intentionally left blank —Ed.

(a)

The level of performance of each county and DCS as calculated using the formulas referenced in section (4) of this rule determines the applicable percentage for each of the four performance measures as set out in tables in 45 CFR 305.33;

(b)

The cost effectiveness performance category will include an addition to the total expenditures of the counties for the cost of centralized services and a subtraction of the same amount from the DCS total expenditures for the cost of centralized services provided to the counties.

(6)

For the support order establishment and current support collections performance measures, the applicable percentages as determined per subsections (5)(a) and (b) of this rule are multiplied by 100% of the counties’ collection base for county computations or 100% of DCS’ collection base for DCS computations.

(7)

For cases receiving an arrears payment and the cost effectiveness performance measures, the applicable percentages as determined per subsections (5)(a) and (b) of this rule are multiplied by 75% of the counties’ collection base for county computations or 75% of DCS’ collection base for DCS computations.

(8)

The incentive calculations for the four performance areas calculated in sections (6) and (7) of this rule are added together to obtain the following amounts:

(a)

The incentive base amount for each individual county; and

(b)

The incentive base amount for DCS.

(9)

The sum of the incentive base amounts for all the counties as calculated in subsection (8)(a) is the total incentive base amount for all the counties.

(10)

The state aggregate incentive base amount is the sum of the total incentive base amount for all the counties as calculated in section (9), and the incentive base amount for DCS as calculated in subsection (8)(b).

(11)

Intentionally left blank —Ed.

(a)

The counties’ collective incentive payment share is determined by dividing the total incentive base amount for all the counties as calculated in section (9), by the state aggregate incentive base amount as calculated in section (10), then multiplying the resulting percentage by the available incentive payment pool for the current FFY.

(b)

The counties’ collective incentive payment share will be reduced by a proportionate share of costs for centralized services, as determined upon review and agreement pursuant to section (15) of this rule, to be retained by DCS to offset the costs of such services provided to the counties by DCS.

(c)

Each individual county’s incentive payment is determined by dividing its county’s incentive base amount by the total incentive base amount for all the counties, then multiplying the resulting percentage by the counties’ collective incentive payment share as determined in subsection (11)(b).

(12)

DCS’ incentive payment is determined by dividing the DCS incentive base amount by the state aggregate incentive base amount as calculated in section (10), then multiplying the resulting percentage by the available incentive payment pool for the current FFY.

(13)

Each county’s and DCS’ incentive payment, as calculated respectively in subsection (11)(c) and section (12) of this rule, will be distributed in equal quarterly payments for the current FFY based on the counties; and DCS’ performance for the prior FFY.

(14)

When the federal DHHS reconciles and determines the actual annual incentive payment to the state following the end of each FFY, any resulting positive or negative incentive adjustment amount will be apportioned according to the calculations in sections (4) through (12) of this rule using the performance figures for the corresponding prior FFY:

(a)

If the adjustment results in a positive incentive to the counties, such payment will be distributed and, as appropriate, disbursed no later than 60 days following the state’s receipt of the incentive adjustment from the federal DHHS; or

(b)

If the adjustment results in a negative incentive and incentive overpayment to the counties, such overpayment will be recovered from future incentive payments.

(15)

The allocation of incentive payments as set out in this rule and the cost of centralized services will be reviewed every two years, commencing in January 2004.

Source: Rule 137-055-1500 — Incentive Payments, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-1500.

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 137-055-1500’s source at or​.us