OAR 137-055-6120
Satisfaction of Arrears for Less Than Full Payment
(1)
DCS may satisfy all or any portion of assigned arrears only if one or more of the following circumstances apply:(a)
The arrears are a substantial hardship to the paying parent or that parent’s household; or(b)
A compromise of amounts owing will result in greater collection on the case, considering the maximum amount that DCS could reasonably expect to collect from the obligor if no compromise was made and the probable costs of collecting that maximum amount; or(c)
The obligor has entered into an agreement with DCS to take steps to:(A)
Enhance the obligor’s ability to pay child support; or(B)
Enhance the obligor’s relationship with the child or children for whom the obligor owes the arrears.(d)
An error or legal defect has occurred that indicates a reduction may be appropriate.(2)
If all or any portion of the assigned arrears are the states temporarily-assigned arrears as defined in OAR 137-055-6010 (Definitions for Distribution and Disbursement), DCS may satisfy the amount only if the obligee consents and signs the appropriate “satisfaction of support judgment” form.(3)
If all or any portion of the assigned arrears are assigned to another jurisdiction, DCS may satisfy that assigned amount only with the approval of that jurisdiction.(4)
DCS will not sign any satisfaction for less than full payment of arrears until:(a)
The obligor has paid the full amount agreed to as appropriate consideration, and the obligor’s payment instrument has cleared the appropriate financial institutions; or(b)
DCS has determined that the obligor has satisfactorily met, or is complying with, any agreement made with DCS pursuant to this rule.(5)
DCS will record a summary of each agreement to satisfy arrears for less than full payment on the appropriate electronic file on the case.(6)
Any satisfaction executed under this rule will be made pursuant to, and in full compliance with, ORS 18.228 (Satisfaction of support awards payable to Department of Justice).(7)
The provisions of this rule notwithstanding, the obligee may satisfy all or any portion of unassigned arrears due the obligee, pursuant to OAR 137-055-5220 (Satisfaction of Support Awards).(8)
Nothing in this rule precludes the administrator from negotiating a satisfaction of arrears due or potentially due the obligee for less than full payment by the obligor, but such satisfaction will take effect only when the obligee consents and signs a “satisfaction of support judgment” pursuant to OAR 137-055-5220 (Satisfaction of Support Awards).
Source:
Rule 137-055-6120 — Satisfaction of Arrears for Less Than Full Payment, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-055-6120
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