OAR 137-055-3220
Establishment of Past Support Orders


(1)

For purposes of this rule the following definitions apply:

(a)

“Past support” means the amount of child support that could have been ordered based on the Oregon Child Support Guidelines and accumulated as arrears against a parent for the benefit of a child for any period of time during which the child was not supported by the parent and for which period no support order was in effect.

(b)

“Supported by the parent” in subsection (1)(a) means payments in cash or in kind in amounts or in-kind value equal to the amount that would have accrued under the Oregon Child Support Guidelines from the obligor to the obligee for purposes of support of the child.

(c)

The Oregon Child Support Guidelines means the formula for calculating child support specified in ORS 25.275 (Formula for determining child support awards).

(2)

The administrator may establish “past support” when establishing a child support order under ORS 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings).

(3)

When an obligor has made payments in cash or in kind to an obligee for the support of the child during the period for which a judgment for past support is sought, and providing that those payments were in amounts equal to or exceeding the amount of support that would have been presumed correct under the Oregon Child Support Guidelines, no past support will be ordered.

(4)

When such payments as described in section (3) were made in amounts less than the amount of support presumed correct under the Oregon Child Support Guidelines, the amount of the past support judgment will be the correct amount presumed under the Oregon Child Support Guidelines minus any amounts of support paid.

(5)

The obligor must provide evidence of such payments as described in sections (3) and (4) by furnishing copies of:

(a)

Canceled checks;

(b)

Cash or money order receipts;

(c)

Any other type of funds transfer records;

(d)

Merchandise receipts;

(e)

Verification of payments from the obligee;

(f)

Any other record of payment deemed acceptable by the administrator.

(6)

The administrator may decide whether to accept evidence of such cash or in-kind support payments for purposes of giving credit for them. If any party disagrees, the past support calculation may be appealed to an administrative law judge as provided in ORS 25.513 (Hearings procedure).

(7)

Past support may not be ordered for any period of time prior to the first day of the month the Notice and Finding of Financial Responsibility and proposed Order Establishing Support are issued. For any month or part of a month for which past support is ordered, the amount of support shall be a full month increment and shall not be prorated.

(8)

If the parties are filing for annulment, dissolution or separation under ORS 107.105 (Provisions of judgment) and a judgment will be entered for months when the proceeding was pending, any order for past support may only include amounts owed for a time period not already addressed in the judicial action.

(9)

If the order to be entered does not include current support and the past support would be owed only to the State of Oregon or another jurisdiction, the administrator will not enter an order for past support that covers a period of less than four months.

(10)

Past support will be calculated under the Oregon Child Support Guidelines and will use current income for the parties in calculating past support monthly amounts. Parties may rebut use of current income by presenting evidence of income in differing amounts for the months for which past support is being ordered.

Source: Rule 137-055-3220 — Establishment of Past Support Orders, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-3220.

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 137-055-3220’s source at or​.us