A member of the Army, Navy, Air Force, Marine Corps, or Coast Guard (collectively known as the “armed forces”), who is serving on active duty; or
(B)
A member of the National Guard who is serving full-time National Guard state or federal active duty; or
(C)
A cadet at a federal service academy.
(b)
“Adult child” means a child over the age of 18 and under the age of 21, who is not married or otherwise emancipated, and is not currently a child attending school.
For a child attending high school who is over age 18 but under age 21, enrollment in school and meeting attendance requirements or as defined by the school; or
(B)
For a child attending post high school classes, as defined by the higher educational institution.
(2)
If the obligor has not provided the child attending school with an address for sending the documents required by ORS 107.108 (Support or maintenance for child attending school) to, the administrator, pursuant to OAR 137-055-1140 (Confidentiality of Records in the Child Support Program)(3)–(4), may release the address of the obligor to the child attending school. If the obligor has provided a contact address and that contact address remains valid, the administrator will release only that contact address to the child attending school. If the obligor does not provide an address to the CSP or to the child, the obligor’s failure to receive required documents is not a basis for objecting that a child does not qualify as a child attending school.
Residence, mailing or contact address including the school name and address;
(b)
Social security number;
(c)
Telephone number including the school telephone number;
(d)
Driver’s license number;
(e)
Employer’s name, address and telephone number; and
(f)
Name of registrar or school official.
(4)
If a child attending school is in the care of the Oregon Youth Authority (OYA), any and all reporting duties of the child attending school will be the duty of OYA.
(5)
The Department of Justice will distribute and disburse support directly to the child attending school, unless good cause is found to distribute and disburse support in some other manner. For purposes of this section “good cause” may include:
(a)
The child is in the care of OYA;
(b)
The child provides written notarized authorization for distribution and disbursement to the obligee;
(c)
The court, administrative law judge or administrator orders otherwise; or
(d)
The administrator is enforcing the Oregon order at the request of another state and that state has indicated they are unable to distribute and disburse support directly to the child.(6)(a) If the administrator makes a finding that the support payment should be distributed and disbursed to the obligee under subsection (5)(b), the administrator will send a notice of redirection of support to the parties.
Unless new supporting documentation can be provided, an objection can only be made once per semester or term as defined by the school, or three months from the date of a previous objection if the school does not have semesters or terms.
When the administrator has suspended or reinstated a support obligation pursuant to ORS 107.108 (Support or maintenance for child attending school), a party may request an administrative review of the action within 30 days after the date of the notice of suspension or reinstatement.
(a)
The only issues which may be considered in the review are whether:
(A)
The child meets the requirements of a child attending school;
(B)
The written notice of the child’s intent to attend or continue to attend school was sent to the parent ordered to pay support;
(C)
The written consent was sent or proof of written consent was received.
(b)
The burden of proof for the administrative review is on the requesting party to provide documentation supporting the allegation(s).
The administrator will cease collection and billing actions on behalf of that child at age 18. If the support order is for a single or last remaining child the department will close the case unless there are arrears on the case.
(b)
If payments are ordered from a higher education savings plan and the court has not provided for a modification of the support amount for any remaining children of the order, this is a substantial change of circumstances for purposes of modifying the support order.
(c)
If payment from a higher education savings plan has been ordered, the administrator will not take action to subsequently modify the support order to include child attending school support provisions for that child.