OAR 137-055-4300
Support Enforcement by Methods Other than Income Withholding


(1)

Income withholding, pursuant to OAR 137-055-4060 (Income Withholding — General Provisions, Requirements and Definitions) through 137-055-4180, will be the preferred method that the administrator will use to collect current and past-due support.

(2)

If payment is not received in the amount of current support due for each month plus an amount toward any existing arrears, the administrator will pursue additional enforcement actions as specified under this rule.

(a)

For purposes of this section, “additional enforcement actions” means actions in addition to income withholding under any of the following circumstances:

(b)

The administrator will pursue additional enforcement actions where any of the following circumstances occurs:

(A)

Collection by income withholding cannot be attained under OAR 137-055-4060 (Income Withholding — General Provisions, Requirements and Definitions) through 137-055-4180.

(B)

Income withholding is collecting less than the amount of current support due for each month; or

(C)

Income withholding is collecting the full amount of current support due for each month, but is collecting nothing toward arrears on the case.

(D)

No current support is owed, and income withholding is collecting nothing toward arrears or the obligor is not paying a negotiated or agreed-upon amount toward arrears.

(c)

All such enforcement actions will be in compliance with, and as appropriate under, state and federal law. The administrator will not initiate or take any action under this rule that is precluded or prohibited by state or federal law due to the circumstances of the individual case.

(d)

The administrator will take such action within 30 calendar days of whichever of the following occurs later:

(A)

Arrears have occurred; and

(B)

The administrator has located the obligor, the obligor’s employer, or other assets or sources of income, provided such information is sufficient to enable the next appropriate action on the case.

(e)

If service of process is required before taking an enforcement action:

(A)

Service must be completed or unsuccessful diligent attempts to serve process must be documented, and enforcement action must be initiated if process is served, no later than 60 calendar days of initially identifying arrears or of locating the obligor or the obligor’s employer, assets, or other sources of income, whichever occurs later.

(B)

If a court action is necessary, the requirement to initiate enforcement action within no later than 60 calendar days is met if the administrator has initiated action to enter the case with the court for a court hearing or action.

(f)

The administrator is not required to perform those “additional enforcement actions” that the Oregon Child Support Program already provides automatically for every case meeting specified criteria. Further, a case does not necessarily need to meet the criteria for “additional enforcement actions”, under section (2) of this rule, in order for the Oregon Child Support Program to automatically provide the enforcement methods under this subsection for every case meeting specified criteria. These enforcement methods include, but are not limited to:

(A)

Interception of state and federal tax refunds, under OAR 137-055-4320 (Collection of Delinquent Support Obligations Through the Oregon Department of Revenue) through 137-055-4340 (Collection of Delinquent Support Obligations Through the U.S. Secretary of the Treasury).

(B)

Release of information to consumer credit reporting agencies, under OAR 137-055-4560 (Consumer Credit Reporting Agencies).

(g)

If any enforcement action specified under this rule, whether by itself or in combination with collections attained through income withholding, results in collection of current support each month plus payments toward reducing any arrears that exists on a case, the administrator is not required to pursue further additional enforcement actions on that case. However, the administrator will resume pursuing additional enforcement actions if any of the circumstances under subsection (2)(b) of this rule subsequently occurs.

(3)

The administrator will take additional enforcement action, under section (2) of this rule, by attempting to determine if the obligor has any income, property, assets, or resources from which support can be collected.

(a)

The administrator will attempt this determination by utilizing any one or more of the following:

(A)

Information about the obligor’s location, employment, or other income or assets, that the administrator obtains from the obligee or from any other person. The administrator will respond to the obligee, in writing, by telephone, or in person, within 30 days of ascertaining whether or not information submitted by the obligee, on the obligee’s own initiative, was accurate or useable.

(B)

Information accessible or attainable through the Child Support Enforcement Automated System (CSEAS), or other electronic data sources

(C)

Discovery methods, including financial disclosure exams, or written interrogatories, unless any of the following are true:
(i)
The administrator has not located the obligor, and is therefore not able to pursue such methods.
(ii)
The obligee has not asserted to the administrator, or the administrator has no reason to suspect, that the obligor has specific and verifiable income, property, resources, or assets against which the administrator may take effective action to collect support.
(iii)
The administrator has located or verified the obligor’s income, property, assets, or resources through other means, or otherwise can do so, and therefore does not need to rely on discovery methods.

(b)

The administrator will document the case record with the following:

(A)

The administrator’s efforts to determine or verify if the obligor has property, assets, or resources, against which the administrator may take action to collect support.

(B)

Actions the administrator takes to collect support against such property, assets, or resources.

(4)

When the administrator determines that an obligor has income, property, assets, or resources against which enforcement action may be taken, the administrator will, in compliance with and as appropriate under other provisions of this rule and of state and federal law, take one or more of the following specific actions:

(a)

Ask the court to require the obligor to post bond or security to ensure payment of support, unless the administrator has determined that:

(A)

Based on the experiences of the administrator in its locality, a bond or security is not likely to be commercially available to the obligor for this purpose;

(B)

The obligor is legally and financially unable to pay the cost of a bond or security;

(C)

Such action cannot reasonably be expected to produce collections sufficient to justify the cost to the administrator;

(D)

Any funds the obligor has to purchase a bond would be better applied to requiring the obligor to make payment for current or past-due support. However, on cases where current support is owed to the obligee or to a child attending school under ORS 107.108 (Support or maintenance for child attending school) and OAR 137-055-5110 (Child Attending School), and not assigned to the state, the obligee or child attending school must concur with this determination; or

(E)

The obligor has taken action to purchase a bond or security without need for court action.

(b)

File liens against real property or personal property that the obligor owns in Oregon, to the extent that a lien does not already exist under Oregon law, or take other effective actions to collect support from the value of such property such as by obtaining a writ of garnishment, unless the administrator has determined that:

(A)

The obligor owns no property against which such action would be likely to produce a collection; or

(B)

Such action cannot reasonably be expected to produce collections sufficient to justify the cost to the administrator.

(c)

Garnish or attach other assets, or resources of the obligor, unless the administrator has determined that such action cannot reasonably be expected to produce collections sufficient to justify the cost to the administrator. In cases where such action will result in additional taxes or penalties to the obligor, the administrator may negotiate with the obligor to determine an amount the obligor will need to retain to pay such additional taxes or penalties.

(d)

Pursue suspension of any license the obligor may have, to the extent permissible under state law and rules.

(e)

Prosecute the obligor for contempt of court, subject to section (5) of this rule.

(f)

Prosecute the obligor for criminal non-support, subject to section (5) of this rule.

(g)

Refer the obligor for federal criminal prosecution under the Interstate Child Support Recovery Act, subject to section (5) of this rule.

(5)

Prosecution for contempt of court or for criminal non-support, or referral of obligors for federal criminal prosecution under the Interstate Child Support Recovery Act, is subject to the prosecutorial discretion of the administrator.

Source: Rule 137-055-4300 — Support Enforcement by Methods Other than Income Withholding, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-4300.

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 137-055-4300’s source at or​.us