Temporary Assistance for Needy Families

ORS 412.024
Assignment of support rights

  • cooperation required for establishing paternity of child or obtaining support
  • exceptions
  • sanctions
  • rules


(1)

An applicant or recipient of aid, except for recipients of aid under the JOBS Plus Program established in ORS 411.878 (Intent), must assign to the state any rights to support that may be due from any other person to a family member for whom the applicant is applying for or receiving aid. If aid is paid and received for the support of a child, the rights to child support that any person may have for the child are deemed to have been assigned by operation of law to the state. Notice of the assignment by operation of law shall be given to the applicant at the time of application for public assistance, and shall be given to any obligee who may hold some interest in such support rights by depositing a notice in the United States mail, postage prepaid, addressed to the last-known address of such person. Assignment of support rights to the state shall be as set forth in rules adopted by the Department of Human Services and the Department of Justice.

(2)

Except as otherwise provided in this subsection, an applicant or recipient who receives aid shall cooperate with the Department of Human Services and the Department of Justice in establishing the paternity of the applicant’s or recipient’s child born out of wedlock and in obtaining support or other payments or property due the applicant or child. An applicant or recipient is not required to cooperate if there is good cause or some other exception to the cooperation requirement that takes into account the best interest of the child. The Department of Human Services shall adopt rules defining good cause, other exceptions to cooperation and noncooperation by an applicant or recipient, and setting the sanction for noncooperation. The sanction may include total ineligibility of the family for aid, but in no situation may the sanction be less than a 25 percent reduction of the monthly grant amount. At the time an applicant applies for aid, the Department of Human Services shall inform the applicant, in writing, of the requirement of and exceptions to cooperation and the sanctions for noncooperation, and shall inform recipients, in writing, whenever eligibility for aid is redetermined.

(3)

This section shall apply to recipients of aid pursuant to the temporary assistance for needy families program as long as the aid is funded in whole or in part with federal grants under Title IV-A of the Social Security Act. [Formerly 418.042; 2009 c.80 §7; 2011 c.604 §5; 2015 c.765 §13]

(formerly 418.042)

Notes of Decisions

Support payments that have been assigned to state are not income to aid recipient until paid to aid recipient by state. Warlick v. Pub. Welfare Div., 29 Or App 21, 562 P2d 223 (1977), Sup Ct review denied

State may only require reimbursement for public assistance given after effective date of this section, but state may seek reimbursement by requiring assignment of present rights to support, including prior unpaid support obligations which have become judgments by operation of ORS 107.135. State ex rel Hansen v. McKay, 31 Or App 631, 571 P2d 166 (1977)

Assignment of rights does not create attorney-client relationship between recipient and Support Enforcement Division attorney. Gibson v. Johnson, 35 Or App 493, 582 P2d 452 (1978), Sup Ct review denied

Recipient of Aid to Families with Dependent Children benefits who assigned her right to receive child support payments to Adult and Family Services Division pursuant to this section was not entitled to notice of regulations and statutes controlling disbursement of support payments prior to agency's retention of payments. Medsker v. Adult and Family Services Div., 42 Or App 769, 601 P2d 865 (1979), Sup Ct review denied

This section, requiring assignment of accrued support rights as prerequisite to granting aid, was not authority for order conditioning eligibility on assignment of support rights "past, present and future." Nelson v. Adult and Family Services, 42 Or App 865, 601 P2d 899 (1979)

Assignment of support rights given pursuant to this section includes both prospective and accrued but unpaid support payments, and State is entitled to enforce collection of support rights so assigned against obligor to extent that State has provided aid as defined in [former] ORS 418.035. Butchko v. Butchko, 43 Or App 199, 602 P2d 672 (1979)

Law Review Citations

69 OLR 715 (1990)


Source

Last accessed
Jun. 26, 2021