Oregon
Rule Rule 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)(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.
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Last accessed
Feb. 4, 2021