Notice and Finding of Financial Responsibility or Modification
(1)ORS 25.511 (Notice and finding of financial responsibility)(1)(a) provides that the administrator may issue a notice and finding of financial responsibility only if there is no current court order or administrative support order.
(2)If there is a current court order or administrative support order, the administrator must issue a modification, pursuant to ORS 25.287 (Proceedings to modify orders to comply with formula), ORS 25.527 (Motions to modify financial responsibility orders), or other applicable authority in order to set or modify the ongoing support obligation.
(3)“Current court order or administrative support order” means that an existing support order or judgment, with regard to the same parent and child:
(a)Finds that the parent’s support obligation for the child is zero;
(b)Finds that the parent should not be ordered to pay support for the child;
(c)Orders the parent to pay ongoing support or to provide medical support, pursuant to ORS 25.321 (Definitions for ORS 25.321 to 25.343) to 25.323 (Medical support), for the child; or
(d)Has ambiguous or conflicting language such that the administrator, administrative law judge, or court is unable to reasonably determine as required by ORS 25.511 (Notice and finding of financial responsibility)(1)(a) whether there is a support order.
(4)An order or judgment that determines parentage, custody, or other matters but is silent on or declines to address child support does not prohibit the administrator from issuing a notice and finding of financial responsibility pursuant to ORS 25.511 (Notice and finding of financial responsibility).
(5)An order or judgment that terminates “child support,” “a child support order,” “a child support judgment,” or “a child support obligation” has the effect of terminating cash child support and medical support. If appropriate, a subsequent administrative child support order may be established using a Notice and Finding of Financial Responsibility. See ORS 25.089 (Enforcement and modification of child support judgments)(1) and ORS 25.323 (Medical support)(8).
(6)Notwithstanding sections (1) and (2) of this rule, when establishing an initial support obligation for another child of the same parties, the administrator will first establish paternity, if needed, and then seek to modify the existing order to include the other child.
(7)Not withstanding OAR 137-050-0715 (Income)(10), if the administrator receives a mandatory referral or application, the case does not meet the criteria for closure under OAR 137-055-1120 (Case Closure), there is no existing support order, and the obligor is receiving cash assistance as defined in ORS 25.245 (Rebuttable presumption of inability to pay child support when parent receiving certain assistance payments), or qualifies as an incarcerated obligor under OAR 137-055-3300 (Incarcerated Obligors), the administrator will:
(a)Establish a non-calculated zero order;
(b)Order parents to provide health care coverage only if it is available at no cost. Cash medical support will not be ordered because the obligor’s income is at or below Oregon’s highest minimum wage.
(8)If a hearing is requested on a proposed order and an Administrative Law Judge (ALJ) finds facts that satisfy the conditions in section (7), the ALJ may issue a zero order. If the ALJ finds that the presumption of inability to pay has been rebutted, the ALJ may issue an order in accordance with the guidelines or may remand the matter to the Program to amend the proposed order if adequate information is not available at the hearing to perform an accurate calculation.
Rule 137-055-3410 — Notice and Finding of Financial Responsibility or Modification,