OAR 137-055-3500
Joinder of a New Party to a Child Support Proceeding

(1)

In any proceeding under ORS 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings) to modify a child support obligation or to redirect support, any party may join any other person who has physical custody of a child in the proceeding.

(2)

Before a person may be joined as a party, the administrator shall determine who has physical custody of the child. The determination of who has physical custody of a child is not affected by who may have legal custody of the child. A person has physical custody when that person is responsible for the care, control and supervision of the child. The administrator shall make this determination upon reliable objective information including one or more of, but not limited to, the following:

(a)

Written agreement of all parties to the proceeding and of the person having physical custody of the child;

(b)

Current school or day care records of the child, indicating the child’s name, address and primary caretaker;

(c)

Notarized statements by persons who are knowledgeable about the child’s primary place of residence and primary physical custodian;

(d)

Letters of guardianship or other court records;

(e)

Current state or federal agency records.

(3)

The administrator shall send written notification of the determination of physical custody and joinder to all parties and the person proposed to be joined as a party. The notice shall inform the parties and the person proposed to be joined that:

(a)

A determination of physical custody will result in joining the person with physical custody as a party to the action;

(b)

A person who is joined as a party has the rights of a party, including the right to receive current child support;

(c)

An objection to the determination of who has physical custody must be made to the administrator in writing within 30 days of the date that the determination was served.

(4)

The notice described in section (3) may be served on the parties and the person proposed to be a party as part of an action to modify a support order or to redirect support in the same manner that service is required in ORS 25.527 (Motions to modify financial responsibility orders). If the proposed modification or redirection of support has already been served, the action may be amended to include the notice of determination of physical custody and joinder and shall be served on the parties and the person proposed to be added or removed as a party in the same manner that service is required in ORS 25.527 (Motions to modify financial responsibility orders). If no objection is received within the time allotted in section (3) the person determined to have physical custody of the child shall be joined as a party to the action.

(5)

If a written objection is filed pursuant to section (3) of this rule, the matter shall proceed as follows:

(a)

The administrator shall attempt to resolve the dispute with the persons involved and, if the dispute is resolved, issue an order reflecting how the matter is resolved;

(b)

If the dispute cannot be resolved, the written objection shall be considered a request for a hearing and the issues of physical custody and joinder shall then be heard and determined by an administrative law judge, pursuant to procedures established under ORS 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings). The issues of physical custody and joinder may be determined at the hearing to establish or modify a support obligation. The administrative law judge’s determination of physical custody and joinder shall be included in the order to modify support and may be appealed pursuant to ORS 25.513 (Hearings procedure);

(c)

If the issues of physical custody and joinder are raised for the first time during a hearing to modify or establish support, the administrative law judge has authority to postpone the hearing and to order the administrator to serve a person alleged or claiming to have physical custody of the child. After service is accomplished, the administrative law judge may proceed with the hearing and has authority to make a determination of physical custody in accordance with section (2) of this rule. The administrative law judge’s determination of physical custody and joinder shall be included in the order to modify or establish support and may be appealed pursuant to ORS 25.513 (Hearings procedure).

(6)

Any person who has been previously joined as a party, pursuant to this rule, shall be removed as a party after the administrator has determined that the child is no longer in the custody of that person. In making this determination, the administrator may use the criteria specified in subsections (2)(a) through (2)(e) of this rule.

Source: Rule 137-055-3500 — Joinder of a New Party to a Child Support Proceeding, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-3500.

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 137-055-3500’s source at or​.us