OAR 137-055-6260
Return of Payments to Obligor or Other Jurisdiction


(1) When the Department of Justice receives a support payment directed to an account for which no current order exists for ongoing support, the Department will apply the payment to any arrears the obligor may owe on the account. If any excess funds remain from the payment after any arrears are paid in full, and the Department has not forwarded the excess amount to the payee, the Department will return the excess amount to the obligor.
(2) On any account for which an ongoing support obligation exists, and the Department receives a payment that exceeds the total amount due for current support and arrears and has not forwarded the excess amount to the payee, the Department will return the excess amount to the obligor within 30 days of discovering the overcollection, except in the following situations:
(a) The excess amount results from a voluntary payment by the obligor;
(b) The excess amount is from a payment pursuant to an income withholding order for an employee who is paid weekly or biweekly and the excess amount is for a month with an extra pay period;
(c) The support order has not been entered in the child support automated system or arrears that are due under the order are in the process of being added as provided in ORS 25.015 (When payment on support order begins) or established as provided in ORS 25.167 (Procedure for determining arrearages) or 25.540 (Notice of intent to establish and enforce arrearages); or
(d) The obligor elects to treat the excess payment as future support as provided in subsection (6) of this rule.
(3) When the Department receives a payment from another jurisdiction that exceeds the balance(s) owed for the case specified by that jurisdiction, and when that jurisdiction is the record-keeper, the Department will contact that jurisdiction to confirm the balance owed for the case specified and take one of the following actions, as appropriate:
(a) If the other jurisdiction verifies that support is owed in the amount remitted, disburse the payment to the obligee as a voluntary payment and apply it to the balance after it is updated;
(b) If the other jurisdiction indicates that the amount is an over-collection, return it to the other jurisdiction; or
(c) If the payment has already been disbursed, and the other jurisdiction later claims that the payment was remitted to Oregon by mistake, the Department will not return the payment to the other jurisdiction.
(4) When the Department receives a payment that exceeds the total amount due for current support and arrears, and the Department has forwarded the excess amount to the payee, the Department will notify the parties in writing, within 30 days of discovering the overcollection, that:
(a) A credit balance in the obligor’s favor has resulted from the overcollection; and
(b) The obligee or child attending school under ORS 107.108 (Support or maintenance for child attending school) and OAR 137-055-5110 (Child Attending School) may, within 30 days of the date of the notice from the Department, submit a written request to the Department for an administrative review to determine if the Department’s record-keeping and accounting related to calculation of the credit balance is correct.
(5) The Department 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.
(6) In any case where the Department is required to return overcollected funds to an obligor under section (2) of this rule, the obligor may elect to forego the return of some or all of the overcollected funds and to instead use any credit balance amount thus established under this rule to offset the obligor’s future ongoing support obligation or arrears. An obligor wishing to elect this option must notify the Department before the Department has returned such funds to the obligor.

Source: Rule 137-055-6260 — Return of Payments to Obligor or Other Jurisdiction, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-6260.

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 137-055-6260’s source at or​.us