OAR 137-055-5110
Child Attending School

The purpose of this rule is to provide additional information as to how the Child Support Program (CSP) will apply the provisions of ORS 107.108 (Support or maintenance for child attending school) when the order or modification provides for support until the child is age 21, so long as the child is a child attending school in accordance with ORS 107.108 (Support or maintenance for child attending school).

(1)

In addition to the definitions found in ORS 107.108 (Support or maintenance for child attending school), as used in OAR chapter 137, division 55, the following terms have the meanings given below:

(a)

“Active member of the military” means:

(A)

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.

(c)

“Child attending school” has the meaning given in ORS 107.108 (Support or maintenance for child attending school), except a child attending school does not include an active member of the military.

(d)

“Satisfactory academic progress” means:

(A)

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.

(3)

If there has been a finding and order of nondisclosure on behalf of the child attending school pursuant to ORS 25.020 (When support payment to be made to Department of Justice), the child may send the obligor’s copy of any documents required by ORS 107.108 (Support or maintenance for child attending school) to the administrator for the administrator to forward to the obligor. The child must submit a copy of the documents to the administrator within the time periods set out in ORS 107.108 (Support or maintenance for child attending school). The administrator will redact the following information prior to sending a copy of the documents otherwise required to be provided to the obligor:

(a)

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)

Intentionally left blank —Ed.

(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.

(b)

A party may contest the administrator’s finding as provided in ORS 183.484 (Jurisdiction for review of orders other than contested cases).

(7)

The parent ordered to pay support can object to continuing to pay support as provided in ORS 107.108 (Support or maintenance for child attending school)(8).

(a)

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.

(b)

Any party may contest the administrator’s finding from the objection as provided in ORS 183.484 (Jurisdiction for review of orders other than contested cases).

(8)

When support has been suspended under ORS 107.108 (Support or maintenance for child attending school), if the case has been closed pursuant to OAR 137-055-1120 (Case Closure) and the adult child subsequently complies with the requirements for reinstatement, the adult child must submit the written confirmation of compliance, proof of written consent and an application for services as described in OAR 137-055-1060 (Uniform Application for Child Support Enforcement Services). The written confirmation and application for services may be combined as one document.

(9)

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).

(10)

When support has been suspended under ORS 107.108 (Support or maintenance for child attending school), the adult child may request to receive notice of future modifications and may request to be a party to the modification as outlined in ORS 107.108 (Support or maintenance for child attending school) and OAR 137-055-3430 (Substantial Change in Circumstance Modification of Child Support Order Amounts). The adult child does not have any party status on the case until the request has been received by the administrator.

(11)

In addition to the rights afforded under ORS 107.108 (Support or maintenance for child attending school), if the obligee claims good cause under OAR 137-055-1090 (Good Cause), the child attending school may apply for services to enforce the existing support obligation on behalf of the child attending school only.

(a)

The application will be handled in the same manner as outlined in OAR 137-055-1090 (Good Cause)(10)(a)–(c).

(b)

If the child attending school applies for services, and services are provided under ORS 25.080 (Entity primarily responsible for support enforcement services), all arrears for that child will accrue to the child attending school as provided for in OAR 137-055-6021 (Allocation, Distribution, and Disbursement: General Provisions), until the child’s 21st birthday or is otherwise emancipated and then will be file credited off the case.

(12)

If a court orders payment from a higher education savings plan in lieu of support under ORS 107.108 (Support or maintenance for child attending school);

(a)

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.

(13)

Except for support orders originally issued by a state other than Oregon and being enforced under the provisions of ORS 110.503 (Definitions) to 110.677 (Severability clause), if the most recent order or modification for support cites ORS 107.108 (Support or maintenance for child attending school) or otherwise provides for support of a child attending school, the administrator will follow the provisions of ORS 107.108 (Support or maintenance for child attending school) and this rule, regardless of other child attending school provisions that may be in the support order.

Source: Rule 137-055-5110 — Child Attending School, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-5110.

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 137-055-5110’s source at or​.us