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]

Source: Section 412.024 — Assignment of support rights; cooperation required for establishing paternity of child or obtaining support; exceptions; sanctions; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors412.­html.

(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)

412.001
Definitions 412.002
Legislative findings 412.006
Administration of temporary assistance for needy families program 412.007
Determination of amount of aid 412.009
Engagement in JOBS 412.011
Support service payments to prevent loss of employment 412.014
State Family Pre-SSI/SSDI program 412.016
Enrollment in educational institution as allowable work activity 412.024
Assignment of support rights 412.026
Payment of aid to individual other than relative 412.028
Petition for and appointment of guardian or conservator 412.029
Expenditures limited to needs of beneficiary 412.034
Denial of aid when unemployed parent refuses employment 412.039
Cooperation of department with Director of Employment Department and all available workforce services to find employment for parent 412.044
Cooperation with other agencies to provide vocational training 412.049
Powers and duties of department 412.054
Application for aid 412.059
Investigation of eligibility of child 412.064
Authority to determine eligibility 412.069
Appeal from denial of or failure to act on application or from modification or cancellation of aid 412.074
Use and custody of records of temporary assistance for needy families program 412.079
Time limits 412.084
Minor parents’ eligibility to receive assistance and support services 412.089
Referral to mental health or drug abuse professional 412.094
Public officials to cooperate in locating and furnishing information concerning parents of children receiving or applying to receive public assistance and in prosecuting nonsupport cases 412.109
Policy on absent parent 412.124
Post-TANF aid to employed families 412.139
Duties of department relating to federal law 412.144
Duties of department relating to other agencies 412.151
Statewide electronic benefits transfer system 412.155
Additional monthly payments of elderly rental assistance 412.161
Policy on two-parent families 412.991
Criminal penalties
Green check means up to date. Up to date

Current through early 2024

§ 412.024’s source at oregon​.gov