OAR 137-055-6200
Adjusting Case Arrears When an Error is Identified

The purpose of this rule is to set out what the administrator will do when an error is identified which requires adjusting the arrears of a case.

(1)

“Complete payment record” means that the Division of Child Support (DCS) has kept the payment record for the support judgment from the date of the first support payment required under the judgment, or the obligee or the administrator established arrears for the time period when DCS did not keep the payment record on the case.

(2)

A notice will only be sent as provided for in this rule when the amount of arrears to be adjusted is at least $5.

(3)

If the error occurred within the current billing cycle, the administrator will adjust the arrears on the case record.

(4)

If DCS has a complete payment record for the support payment judgment and the error occurred prior to the current billing cycle, the administrator will adjust the arrears on the case record and send a notice to the parties advising of:

(a)

The change in the case arrears; and

(b)

The right to, within 30 days of the date of the notice from DCS, submit a written request for an administrative review to determine if DCS’s record-keeping and accounting related to the adjustment of arrears is correct.

(5)

DCS will conduct the administrative review within 30 days of receiving the party’s written request, and will send written notification to the parties of the results of the review. The notice will include a citation of the parties’ rights to appeal the decision under ORS 183.484 (Jurisdiction for review of orders other than contested cases).

(6)

If DCS does not have a complete payment record for the support payment judgment and the error occurred prior to the current billing cycle, but within the previous 180 days, the administrator will:

(a)

Send a notice to the parties that the administrator will adjust the arrears on the case record as indicated in the notice if none of the parties object within a 30-day period following the date of the notice;

(b)

If none of the parties object within 30 days of the notice, the administrator will adjust the arrears on the case record as indicated in the notice;

(c)

If any party objects within 30 days of the notice, the administrator will establish the arrears under the process found in ORS 25.167 (Procedure for determining arrearages) or 25.540 (Notice of intent to establish and enforce arrearages).

(7)

If DCS does not have a complete payment record for the support payment judgment and the error occurred over 180 days ago, the administrator will establish the arrears under the process found in ORS 25.167 (Procedure for determining arrearages) or 25.540 (Notice of intent to establish and enforce arrearages).

(8)

Notwithstanding any other provision of this rule, if under a contingency order the error is due to a failure to accurately reflect on the case record the periods of residence of the child in state care, the administrator will adjust the arrears on the case record and notify the obligor unless the Department of Human Services or Oregon Youth Authority directs otherwise.

(9)

On a closed case:

(a)

If all the arrears to be added to the case are assigned to the state, the administrator will not open the case if it is for a period of less than four months of accrual or less than $500;

(b)

If all the arrears to be added to the case are assigned to the state and the arrears are for a period of a least four months or $500, the administrator will open the case and establish the arrears under the process found in ORS 25.167 (Procedure for determining arrearages) or 25.540 (Notice of intent to establish and enforce arrearages);

(c)

If any of the arrears to be added to the case are owed to the obligee, the administrator will send a notice to the obligee and, if the arrears are for at least $25, ask if the obligee wants enforcement of the arrears. If the obligee requests enforcement, the administrator will open the case and establish the arrears under the process found in ORS 25.167 (Procedure for determining arrearages) or 25.540 (Notice of intent to establish and enforce arrearages);

(d)

If any of the arrears to be added to the case are owed to an adult child as defined in OAR 137-055-5110 (Child Attending School), the administrator will send a notice to the adult child but will not open the case for the adult child until the adult child qualifies as a child attending school under ORS 107.108 (Support or maintenance for child attending school) and OAR 137-055-5110 (Child Attending School);

(e)

Except as otherwise provided in OAR 137-055-4455 (Expiration of Support Judgment Remedies) or 137-055-6220 (Recovery of Overpayments and Collection of Receivable Accounts), if the error was due to an accounting error of the administrator and the adjustment to arrears will cause a credit balance, the administrator will return the excess amount to the obligor if the amount is at least $5 and the payment was applied to a state account; or

(f)

If the error was not due to an accounting error of the administrator and the adjustment to arrears will cause a credit balance, the administrator will send an informational notice to the parties.

(10)

Notwithstanding section (6) or section (9), on any case in which the applicant for services has requested non-enforcement and the error only affects the amount of arrears owed to the obligee, the administrator will update the case record appropriately.

Source: Rule 137-055-6200 — Adjusting Case Arrears When an Error is Identified, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-6200.

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 137-055-6200’s source at or​.us