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