OAR 137-055-2045
Spousal Support


(1) For the purposes of this rule, the following apply:
(a) A “spousal-support-only case” is a case in which there is a continuing spousal support obligation, no current child support obligation or child support arrears;
(b) “Public assistance” means Supplemental Nutrition Assistance Program benefits, general assistance, medical assistance, assistance for seniors and people with physical disabilities, Temporary Assistance for Needy Families, aid to the blind, aid to the permanently and totally disabled, and any other assistance granted by the Department of Human Services or the Oregon Health Authority, in accordance with state and federal laws;
(c) “IV-D case” means a case in which services are being provided pursuant to ORS 25.080 (Entity primarily responsible for support enforcement services); and
(d) “Non-IV-D case” means a case, maintained on the automated child support system, that does not meet the criteria for a IV-D case.
(2) When an Oregon judgment or order for spousal support only is received, the judgment does not include child support, the order seeks collection, accounting, distribution, disbursement and enforcement services, and the obligee has submitted an application for services with proof they are receiving public assistance, the administrator will:
(a) Create a non-IV-D, limited services case, as defined in OAR 137-055-1070 (Provision of Services);
(b) Initiate income withholding under ORS 25.372 (Applicability) to 25.427 (Rules) for current support only; and
(c) Maintain a record of the dollar amounts received and disbursed. No other accounting services or legal actions will be provided.
(3) If spousal support was being enforced in combination with child support on a IV-D case, but the case no longer qualifies for IV-D services because there is neither a current child support obligation nor child support arrears owed:
(a) The administrator will close the IV-D case and notify parties; and
(b) The obligee may apply for non-IV-D services if they receive public assistance and if there is a continuing spousal support obligation.
(A) Upon receipt of an application for services with proof the obligee is receiving public assistance, the administrator will proceed as provided subsections (2)(a) through (c) of this rule.
(B) Any arrears that have accrued on a IV-D case will not be enforced on a spousal only non-IV-D case.
(4) New spousal-only cases in which the obligee is receiving assistance will be assigned to the appropriate Division of Child Support office for provision of services as required by ORS 25.381 (Establishing income withholding as method of paying support).
(5) Notwithstanding any other provisions of this rule, each county district attorney may elect to provide services in spousal-only cases, subject to the following:
(a) Written criteria must be established to determine under what circumstances services will be provided and to identify what services will be provided;
(b) The written criteria established in subsection (5)(a) of this rule must be posted in a public place;
(c) Claims for time spent providing services on spousal-only cases and any other expenses may not be submitted with claims for federal financial participation; and
(d) Receipt and disbursement services will be provided by the Department of Justice.
(6) The administrator may close a spousal-only case and notify the parties if:
(a) The obligee is not on any type of public assistance and the district attorney for the county in which the obligee resides is not providing services on spousal only cases pursuant to section (5);
(b) There is no known employer for the obligor, no income withholding in place, and a payment has not been received within the last six months;
(c) The obligee requests closure;
(d) The obligee or obligor dies;
(e) There is no longer a current spousal support order;
(f) The obligor cannot pay support for the duration of the order because the obligor is institutionalized in a psychiatric facility, incarcerated with no chance for parole, or has a medically verified total and permanent disability with no evidence of support potential and is without income for withholding;
(g) The obligor is a citizen of, and lives in, a foreign country; does not work for the federal government or for a company or state with headquarters in or offices in the United States; and has no reachable income for withholding in the United States;
(h) The obligor’s sole income source is from Supplemental Security Income (SSI), or both SSI payments and Social Security Disability Insurance (SSDI) benefits;
(i) The administrator has lost contact with the obligee; or
(j) The obligee fails to cooperate in any manner necessary or helpful in providing these services.
(7) The administrator will document the justification for case closure by a notation on the case record.
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 137-055-2045’s source at or​.us