OAR 137-055-6220
Recovery of Overpayments and Collection of Receivable Accounts

(1) In addition to the definitions in OAR 137-055-6010 (Definitions for Distribution and Disbursement), for the purpose of collecting overpayments pursuant to ORS 25.125 (Disposition of support obligation overpayments), the following definitions apply:
(a) “Advanced payment” means arrears owed to a person who receives support that were reassigned to the state as reimbursement for funds paid to that person before March 1, 2019, but which they were not entitled to keep.
(b) “Receivable” means a non–child support debt owed to the State of Oregon.
(c) “Recoupment” means collecting a receivable owed to the State of Oregon by retaining all or a portion of future child support payments.
(2) Recoupment may be used only if authorized as follows:
(a) By agreement between the Oregon Child Support Program and the person or entity who owes the debt for the state to retain a fixed percentage of future child support payments; or
(b) By default agreement resulting from the person or entity who owes the debt failing to respond to three notices requesting payment and offering recoupment as a repayment option. The recoupment rate for default agreements is 20% of future child support payments.
(3) A receivable account is created when:
(a) The Department received a payment from an obligor, withholder, or other issuer on behalf of the obligor, transmitted the appropriate amount from that payment to the payee, and that payment is subsequently dishonored; or
(b) The Department transmitted an amount to a person or entity authorized to receive child support payments or to an obligor, and that amount:
(A) Was transmitted in error;
(B) Was attributable in whole or in part to a tax refund offset collection, all or part of which was reclaimed by the Internal Revenue Service or the Oregon Department of Revenue;
(C) Was an advanced payment in the Child Support Enforcement Automated System that was converted to the Origin child support system and transferred to the family’s unassigned arrears and created a receivable of equal value;
(D) Was previously owed to a person or entity but was redistributed as support owed to the state or to a different person or entity as the result of an accounting adjustment; or
(E) Was the result of a banking error or a check that was paid twice.
(4) For receivable accounts described in subsection (3)(b) of this rule, sections (5) through (10) of this rule apply. For receivable accounts described in subsection (3)(a), sections (11) through (14) of this rule apply.
(5) The Department will determine a threshold amount for attempts to recover the receivable account. In determining the threshold, the Department will consider the cost of:
(a) Staff time in processing the collection of the receivable account; and
(b) An administrative hearing and the average number of cases requesting a hearing.
(6)(a) When a notice is issued under ORS 25.125 (Disposition of support obligation overpayments) to a person or entity described in subsection (3)(b) of this rule, the Department will include a statement that the person or entity must respond within 30 days from the date of the notice to object and request an administrative review, and if repayment does not begin within 90 days of the first notice, the debt may be referred for collection as provided in ORS 293.231 (Collection of liquidated and delinquent accounts by Department of Revenue or private collection agency).
(b) When the person described in (3)(b) is a person who receives support, the notice will include a statement that the debt may be collected through recoupment if the person fails to respond.
(7) If the person or entity described in subsection (3)(b) requests an administrative review, the Department will conduct the administrative review within 30 days after receiving the request and notify the requestor of the results of the review.
(8) Notice of the results of the administrative review will include a statement that the person or entity described in subsection (3)(b) may object and request an administrative hearing. To be considered timely, a request for administrative hearing must be received by the Department within 30 days of the date of this notice.
(9) If the person or entity described in subsection (3)(b) files a timely objection and request for hearing, an administrative law judge shall then hear the objection.
(a) An order by an administrative law judge is final.
(b) The person or entity described in subsection (3)(b) may appeal the decision of an administrative law judge to the circuit court for a hearing de novo. The appeal shall be by a petition for review filed within 60 days after the final hearing order is filed in court.
(10) If a person or entity described in subsection (3)(b) fails to file a written request for administrative review, objection or request for hearing, or if an order setting the overpayment amount is received from an administrative law judge, and the person or entity fails to make payment, the Department may refer the overpayment for collection as provided in ORS 293.231 (Collection of liquidated and delinquent accounts by Department of Revenue or private collection agency).
(11) When a notice is issued under ORS 25.125 (Disposition of support obligation overpayments)(5) to an obligor, withholder, or other issuer described in subsection (3)(a), the Department will include a statement that the obligor or withholder must respond within 30 days of the date of the notice and request an administrative review.
(12) If the obligor, withholder, or other issuer described in subsection (3)(a) requests an administrative review, the Department will conduct the administrative review within 30 days after receiving the request and notify the obligor or withholder of the results of the review.
(13) The obligor, withholder, or other issuer described in subsection (3)(a) may appeal the result of the administrative review as provided in ORS 183.484 (Jurisdiction for review of orders other than contested cases).
(14) If the obligor, withholder, or other issuer described in subsection (3)(a) fails to request an administrative review or if the result of an administrative review is that an overpayment occurred, the Department may refer the overpayment for collection from the obligor or withholder as provided in ORS 293.231 (Collection of liquidated and delinquent accounts by Department of Revenue or private collection agency).
(15) The Department will initially assign all receivable accounts for dishonored payments to the obligor on the case where the payment was made. The receivable account may be reassigned to the person or entity who issued the payment, if appropriate, but may be reassigned to the obligor at the discretion of the Department.

Source: Rule 137-055-6220 — Recovery of Overpayments and Collection of Receivable Accounts, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-6220.

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 137-055-6220’s source at or​.us