OAR 137-055-3020
Paternity Establishment Procedures

(1) When a case involves a child who is not yet born, the administrator will take no action to establish paternity or to provide locate services until such time as the child is born.
(2)(a) When initiating legal proceedings to establish paternity for a child conceived in Oregon, the administrator will use ORS chapter 109 or ORS chapter 25.
(b) Except for proceedings filed under ORS chapter 109, past support will be established as provided by ORS chapter 25 and OAR 137-055-3220 (Establishment of Past Support Orders).
(3) When the administrator initiates legal proceedings to establish paternity, if the child was born in this state, the administrator will file the Notification of Filing of Petition in Filiation Proceedings with the Center for Health Statistics.
(4) When initiating a legal proceeding, the administrator will seek to establish paternity against the man named as the most likely alleged father except as provided in sections (5) and (6).
(5) When parentage is established by presumption under ORS 109.070 (Presumption of parentage) and the birth mother names one or more persons other than the presumed parent as the biological father of the child, the administrator will provide the presumed parent with notice and an opportunity to object.
(a) If a written objection is received from the presumed parent within 30 days of the date of the notice, an action to determine parentage will be filed in circuit court.
(b) If no written objection is received from the presumed parent within 30 days of the date of the notice, the administrator will facilitate genetic testing for the birth mother, child, and alleged father(s) prior to filing an action to determine parentage in circuit court.
(A) If all known alleged fathers are excluded by testing or testing cannot be completed, the administrator may seek support from the presumed parent.
(B) If an alleged father is included by testing, the administrator will file an action in circuit court to disestablish the parentage of the presumed parent and establish the parentage of the alleged father who was included by testing.
(6) Notwithstanding section (5) of this rule, when parentage is established by presumption under ORS 109.070 (Presumption of parentage), the administrator will not pursue an action to determine parentage if:
(a) The mother and presumed parent are still married, cohabiting, and do not both consent to an action to determine parentage; or
(b) The presumed parent has physical custody of the child and does not consent to an action to determine parentage.
(7) When establishing support against a presumed parent, if a party provides proof that he or she filed a petition to challenge parentage under ORS 109.070 (Presumption of parentage), the administrator will suspend the support action pending the resolution of the petition.
(8) Except as provided in Section (6) of this rule, when the mother or other declarant states that more than one man could be the biological father of the child and genetic tests have excluded a man as the father of the child, the following provisions apply:
(a) If there is only one remaining untested alleged biological father, that man is constructively included as the father by virtue of the other men’s exclusion as the father.
(b) If there is more than one remaining untested alleged biological fathers, the administrator will initiate action against each man, either simultaneously or one at a time, to attempt to obtain tests which either exclude or include each man.
(9) Except as provided in Section (6) of this rule, when the mother or other declarant states that more than one man could be the biological father of the child and genetic tests have included a man as the father of the child at a cumulative paternity index of at least 99, any other untested alleged father(s) will be considered to be constructively excluded by virtue of the first man’s inclusion.
(10) The Oregon Child Support Program will pay the costs of initial genetic tests to determine paternity.
(11) When a party requests additional genetic testing as provided in ORS 109.252 (Authority for blood test)(2), the following provisions apply:
(a) The laboratory selected for additional testing must be a laboratory approved by accreditation bodies designated by the Oregon Health Authority; and
(b) The party making the request must advance the costs of the additional tests to the accredited laboratory.
(12) Upon receipt of a party’s request for additional genetic testing and proof that payment has been advanced to an accredited laboratory, the administrator or the court will order additional testing.
(13) If a non-requesting party fails to appear for the additional genetic testing, the administrator will take appropriate steps to compel obedience to the order for additional testing.
(14) If a requesting party fails to appear for the additional genetic testing, the administrator may enter an order in accordance with OAR 137-055-3100 (Order Establishing Paternity for Failure to Comply with an Order for Parentage Testing).
(15) The administrator may dismiss or terminate a proceeding to establish paternity after sending written notice to the parties that the case is being considered for dismissal or termination and that any comments or objections must be made within 10 days.
(16) The birth mother is a necessary party to an action to establish paternity, regardless of whether the mother is an applicant for services or custodian of the child.
(a) When the birth mother is not the applicant for services prompting the action to establish paternity, the administrator must serve notice of the action by personal service upon the birth mother, unless she is deceased. If the birth mother cannot be personally served, the administrator shall request permission from the circuit court to serve the mother by an alternate method as provided in ORCP 7 D(6);
(b) If the birth mother cannot be personally served with notice of the action or if the birth mother is deceased, the enforcing agency will not take an order establishing paternity unless genetic tests to determine paternity have been completed which fail to exclude the alleged father, and have a cumulative paternity index of at least 99%;
(c) In any action to establish paternity in which the administrator cannot personally serve the child’s birth mother, or when the birth mother is deceased, the child’s legal guardian is a necessary party to the action. If the child does not have a legal guardian, the administrator will request that the court appoint a willing, qualified and suitable person to be a guardian ad litem for the child. If no relative or other person agrees to such appointment, the administrator will request that an attorney be appointed for this purpose.

Source: Rule 137-055-3020 — Paternity Establishment Procedures, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-3020.

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 137-055-3020’s source at or​.us