When support payment to be made to Department of Justice
- collection agency services
- duties of department
- credit for payments not made to department
(1)Support payments for or on behalf of any person that are ordered, registered or filed under ORS 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings) or this chapter or ORS chapter 107, 108, 109, 110, 419B or 419C, unless otherwise authorized by ORS 25.030 (When payment payable to bank account or escrow agent), shall be made to the Department of Justice as the state disbursement unit:
(a)During periods for which support is assigned under ORS 412.024 (Assignment of support rights), 418.032 (Department subrogated to right of support for certain children in department custody) or 419B.406 (Assignment of support order to state);
(b)As provided by rules adopted under ORS 180.345 (Child Support Program), when public assistance is provided to a person who receives or has a right to receive support payments on the person’s own behalf or on behalf of another person;
(c)After the assignment of support terminates for as long as amounts assigned remain owing;
(d)For any period during which support enforcement services are provided under ORS 25.080 (Entity primarily responsible for support enforcement services);
(e)When ordered by the court under ORS 419B.400 (Authority to order support);
(f)When a support order that is entered or modified on or after January 1, 1994, includes a provision requiring the obligor to pay support by income withholding; or
(g)When ordered by the court under any other applicable provision of law.
(2)Intentionally left blank —Ed.
(a)The Department of Justice shall disburse payments, after lawful deduction of fees and in accordance with applicable statutes and rules, to those persons and entities that are lawfully entitled to receive such payments.
(b)During a period for which support is assigned under ORS 412.024 (Assignment of support rights), for an obligee described in subsection (1)(b) of this section, the department shall disburse to the obligee, from child support collected each month, $50 for each child up to a maximum of $200 per family.
(3)Intentionally left blank —Ed.
(a)When the administrator is providing support enforcement services under ORS 25.080 (Entity primarily responsible for support enforcement services), the obligee may enter into an agreement with a collection agency, as defined in ORS 697.005 (Definitions for ORS 697.005 to 697.095), for assistance in collecting child support payments.
(b)The collection agency:
(A)May provide investigative and location services to the obligee and disclose relevant information from those services to the administrator for purposes of providing support enforcement services under ORS 25.080 (Entity primarily responsible for support enforcement services);
(B)May not charge interest or a fee for its services exceeding 29 percent of each support payment received unless the collection agency, if allowed by the terms of the agreement between the collection agency and the obligee, hires an attorney to perform legal services on behalf of the obligee;
(C)May not initiate, without written authorization from the administrator, any enforcement action relating to support payments on which support enforcement services are provided by the administrator under ORS 25.080 (Entity primarily responsible for support enforcement services); and
(D)Shall include in the agreement with the obligee a notice printed in type size equal to at least 12-point type that provides information on the fees, penalties, termination and duration of the agreement.
(c)The administrator may use information disclosed by the collection agency to provide support enforcement services under ORS 25.080 (Entity primarily responsible for support enforcement services).
(4)The Department of Justice may immediately transmit to the obligee payments received from any obligor without waiting for payment or clearance of the check or instrument received if the obligor has not previously tendered any payment by a check or instrument that was not paid or was dishonored.
(5)The Department of Justice shall notify each obligor and obligee by mail when support payments shall be made to the department and when the obligation to make payments in this manner shall cease.
(6)Intentionally left blank —Ed.
(a)The administrator shall provide information about a child support account directly to a party to the support order regardless of whether the party is represented by an attorney. As used in this subsection, “information about a child support account” means the:
(A)Date of issuance of the support order.
(B)Amount of the support order.
(C)Dates and amounts of payments.
(D)Dates and amounts of disbursements.
(E)Payee of any disbursements.
(F)Amount of any arrearage.
(G)Source of any collection, to the extent allowed by federal law.
(b)Nothing in this subsection limits the information the administrator may provide by law to a party who is not represented by an attorney.
(7)Any pleading for the entry or modification of a support order must contain a statement that payment of support under a new or modified order will be by income withholding unless an exception to payment by income withholding is granted under ORS 25.396 (Exception to withholding).
(8)Intentionally left blank —Ed.
(a)Except as provided in paragraphs (d) and (e) of this subsection, a judgment or order establishing parentage or including a provision concerning support must contain:
(A)The residence, mailing or contact address, final four digits of the Social Security number, telephone number and final four digits of the driver license number of each party;
(B)The name, address and telephone number of all employers of each party;
(C)The names and dates of birth of the joint children of the parties; and
(D)Any other information required by rule adopted by the Chief Justice of the Supreme Court under ORS 1.002 (Supreme Court).
(b)The judgment or order shall also include notice that the obligor and obligee:
(A)Must inform the court and the administrator in writing of any change in the information required by this subsection within 10 days after the change; and
(B)May request that the administrator review the amount of support ordered after three years, or such shorter cycle as determined by rule of the Department of Justice, or at any time upon a substantial change of circumstances.
(c)The administrator may require of the parties any additional information that is necessary for the provision of support enforcement services under ORS 25.080 (Entity primarily responsible for support enforcement services).
(d)Intentionally left blank —Ed.
(A)Upon a finding, which may be made ex parte, that the health, safety or liberty of a party or child would unreasonably be put at risk by the disclosure of information specified in this subsection or by the disclosure of other information concerning a child or party to a parentage or support proceeding or if an existing order so requires, a court or administrator or administrative law judge, when the proceeding is administrative, shall order that the information not be contained in any document provided to another party or otherwise disclosed to a party other than the state.
(B)The Department of Justice shall adopt rules providing for similar confidentiality for information described in subparagraph (A) of this paragraph that is maintained by an entity providing support enforcement services under ORS 25.080 (Entity primarily responsible for support enforcement services).
(e)The Chief Justice of the Supreme Court may, in consultation with the Department of Justice, adopt rules under ORS 1.002 (Supreme Court) to designate information specified in this subsection as confidential and require that the information be submitted through an alternate procedure to ensure that the information is exempt from public disclosure under ORS 192.355 (Public records exempt from disclosure).
(9)Intentionally left blank —Ed.
(a)Except as otherwise provided in paragraph (b) of this subsection, in any subsequent child support enforcement action, the court or administrator, upon a showing of diligent effort made to locate the obligor or obligee, may deem due process requirements to be met by mailing notice to the last-known residential, mailing or employer address or contact address as provided in ORS 25.085 (Service on obligee).
(b)Service of an order directing an obligor to appear in a contempt proceeding is subject to ORS 33.015 (Definitions for ORS 33.015 to 33.155) to 33.155 (Applicability).
(10)Subject to ORS 25.030 (When payment payable to bank account or escrow agent), this section, to the extent it imposes any duty or function upon the Department of Justice, shall be deemed to supersede any provisions of ORS 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings) and ORS chapters 107, 108, 109, 110, 419A, 419B and 419C that would otherwise impose the same duties or functions upon the county clerk or the Department of Human Services.
(11)Except as provided for in subsections (12), (13) and (14) of this section, credit may not be given for payments not made to the Department of Justice as required under subsection (1) of this section.
(12)Intentionally left blank —Ed.
(a)The Department of Justice shall give credit for payments not made to the department:
(A)When payments are not assigned to this or another state and the party to whom unpaid support is owed and the obligor agree in writing that specific payments were made and should be credited;
(B)When payments are assigned to another state and that state verifies that payments not paid to the department were received by the other state; or
(C)As provided by rule adopted under ORS 180.345 (Child Support Program).
(b)The credit under this subsection may not exceed the current unpaid balance of support owed to the party that has agreed in writing that payments were made and should be credited.
(13)An obligor may apply to the Department of Justice for credit for payments made other than to the Department of Justice. If the party to whom unpaid support is owed does not provide the agreement or verification required by subsection (12) of this section, credit may be given pursuant to order of an administrative law judge assigned from the Office of Administrative Hearings after notice and opportunity to object and be heard are given to both the obligor and the party to whom unpaid support is owed. Notice shall be served upon the party to whom unpaid support is owed as provided by ORS 25.085 (Service on obligee). Notice to the obligor may be by regular mail at the address provided in the application for credit. A hearing conducted under this subsection is a contested case hearing and ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) apply. Any party may seek a hearing de novo in the circuit court.
(14)Nothing in this section precludes the Department of Justice from giving credit for payments not made to the department when there has been a judicially determined credit or satisfaction or when there has been a satisfaction of support executed by the person to whom support is owed.
(15)The Department of Justice shall adopt rules that:
(a)Direct how support payments that are made through or credited by the department are to be applied and, if applicable, disbursed; and
(b)Are consistent with federal regulations. [Formerly 23.765; 1991 c.724 §19; 1993 c.33 §366; 1993 c.448 §2; 1993 c.596 §1; 1995 c.608 §2; 1997 c.704 §14; 1999 c.18 §1; 1999 c.80 §42; 1999 c.798 §1; 2001 c.322 §1; 2001 c.455 §§2,3; 2001 c.961 §1; 2003 c.73 §17a; 2003 c.75 §23; 2003 c.380 §§6,7; 2003 c.421 §§1,2; 2003 c.572 §3; 2003 c.576 §§292,293a; 2005 c.561 §2; 2007 c.861 §10; 2007 c.878 §1; 2009 c.352 §3; 2015 c.197 §4; 2017 c.463 §1; 2017 c.467 §3; 2017 c.651 §8; 2019 c.13 §7; 2019 c.291 §2; 2021 c.597 §43]
Section 25.020 — When support payment to be made to Department of Justice; collection agency services; duties of department; credit for payments not made to department; rules,
Notes of Decisions
Under this section, social security payments made directly to the mother for child support obligation should not be credited to father’s support obligation. Cope and Cope, 291 Or 412, 631 P2d 781 (1981)
Attorney General Opinions
Constitutionality of the provision, (1976) Vol 38, p 407