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F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Shared Income Model.
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F2. Does your State charge interest on missed arrears? |
Yes
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F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
Oregon Revised Statute (ORS) 82.010 provides for 9% interest. Interest is added only if a party requests and provides an accounting that includes a calculation of accrued interest. Periodic updates must be provided in order for a case to reflect ongoing interest accrual.
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F3. Does your State charge interest on retroactive support? |
Yes
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F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
See F2.1 (same information).
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F4. Does your State charge interest on adjudicated arrears? |
Yes
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F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
See F2.1 (same information).
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F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes
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F5.1. If yes, under what circumstances? |
Only if the medical debt is reduced to a judgment.
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F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? |
Yes
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F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
Fees for IRS Full Collection, Federal Tax Refund Intercept, State Tax Refund Intercept, Application fee for non-TANF cases.
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F6.2. What costs are recovered from/fees charged to the obligor? |
The application fee for non-TANF cases if Obligor is the applicant; Genetic Testing fees to establish paternity.
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F7. Does your State recover costs on behalf of the initiating State? |
Yes
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F7.1. Optional comments regarding recovering of initiating State's fees. |
Fees described in the UIFSA definition of support order when the fees are included in the judgment.
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F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
UIFSA - Oregon Revised Statute (ORS) 110.318.
For Additional Information - Click Here
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F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes
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F9.1. If yes, under what circumstances? |
Oregon cannot establish or modify spousal-only support orders. For spousal-only orders, enforcement is limited to income withholding and arrears establishment only when the Obligee is receiving State assistance.
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F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No
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F10.1. Optional comments regarding required information on spouse or partner. |
N/A
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F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received
IV-A assistance? |
The fee is imposed on a prorated basis for all family accounts; including from a child who qualifies as a CAS and caretaker pay-to accounts. The annual fee is collected from support received and the obligor is given credit for the full amount received. The fee is withheld from the payment to the obligee/caretaker and/or CAS after the first $500 has been collected and disbursed to the family.
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F11.1 Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? |
Yes
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F11.2 Does your State collect the fee from the individual applying for
IV-D services? |
No
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F11.3 Does your State collect the fee from the absent parent? |
No
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F11.4 Does your State pay the fee out of its own funds? |
Yes - On qualifying international cases
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F12 When will your State implement the required DRA limited-assignment provision? |
10/1/2009
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F13 Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? |
Yes
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F13.1 If yes, provide the date. |
10/1/2008
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F14 Will your State participate in the pass through in Former Assistance cases? |
No
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F14.1 If yes, provide the date. |
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F15 Will your State discontinue eligible assignments under the DRA of 2005? |
No
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F15.1 If yes, list the eligible assignments your State would discontinue. |
N/A
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F15.2 When will your State discontinue each type of assignment? |
When mandated by federal requirements
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F16 Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? |
PRWORA distribution ordering rules
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G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income Withholding, Wage Withholding, Automatic Order to Withhold, AOW, Direct Income Withholding.
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G2. What specific source of income is not subject to withholding? |
TANF, Supplemental Security Income (SSI), certain Veterans' Benefits. See Oregon Revised Statute (ORS) 25.378.
For Additional Information - Click Here
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G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
Yes
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G3.1. If yes, what are those limits? |
Withholding plus fee for cases with current support only or current support plus arrears may not exceed 50% of disposable income unless by court order; but still may not exceed CCPA limits. Arrears-only cases must retain disposable income equal to 160 hours multiplied by the Federal minimum wage (FMW) rate before withholding is calculated for a monthly payroll. If employee is paid more frequently than monthly, to obtain the amount an employee must be left with for the pay period, divide the annual FMW by the number of pay periods in a year. Find the annual FMW by taking 160 times the FMW and multiplying it by 12. Find the applicable figure for the pay period as follows: Weekly - Divide annual FMW by 52; Biweekly - Divide annual FMW by 26; Semi-Monthly - Divide annual FMW by 24.
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G4. What is the allowable fee per pay period for processing income withholding payments? |
$5 per order per month.
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G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
Employer shall begin withholding no later than the first pay period occurring five working days after the date of the income withholding notice.
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G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
Send payment within 7 working days of the pay date/date of withholding.
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G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Seek sanctions from the court.
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G8. What is the penalty to an employer for failure to remit payments withheld? |
The court can order an employer to pay the total amount not withheld from pay and potentially recover court costs and additional damages of up to $250 for each occurrence of non-compliance; payable to the court.
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G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? |
No
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G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
Not attachable by direct withholding. Seek withholding of UI by sending UIFSA request for enforcement.
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G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? |
No
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G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
Contact WC carrier to determine if they will accept a direct withholding. If no, seek withholding of UI by sending UIFSA request for enforcement.
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G11. How does an obligor contest income withholding in your State? |
An Obligor who wants to contest an order to withhold income must do so within 14 days from the date that income is first withheld pursuant to the Income Withholding Order by requesting an Administrative review to the issuing agency or an appeal to the issuing circuit court.
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G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
Prorate current support, then apportion any remaining amount to arrears on all orders. If Obligor's income is not sufficient to cover all ordered amounts, first pay current support then apply equally to arrears. If Obligor's income is not sufficient to cover all current support, pro-rate to current.
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G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes
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G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
Oregon Revised Statute (ORS) 25.414 is used to determine maximum withholding limit when the obligor's principle place of employment is in Oregon.
For Additional Information - Click Here
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G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
No. Mandatory deductions include any amounts required to be withheld by law. In Oregon, these are State, Federal and Local taxes; Social Security taxes; Medicare taxes; and statutory pension contributions.
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G14. When does your state require the employer to send notice of an employee's termination? |
When termination occurs, notification is required no later than the date that withholder would normally send the payment.
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G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
The withholding order is a continuing obligation and remains in effect until further notice from the court or the entity issuing the notice.
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G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
No.
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G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
Yes. There is an ACH Credit EFT process. Effective May 1, 2007, "CS Pay", an ACH Debit process, is available to employers. CS Pay is a secure web-based payment system. For additional information, go to: http://www.dcs.state.or.us/employers/eft.htm
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G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Employer: A direct income withholding may be sent to any public, private or other income payer to attach earnings.
Financial Institution: Not prohibited by Oregon law; however, not all financial institutions will accept a direct levy request. Most problems with direct levy requests involve issues with limitations in the requesting State's law rather than in Oregon law.
Workers Compensation: Not prohibited by Oregon law; however, based on the advice of their legal counsel, some insurers will not accept direct withholdings.
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G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Withholding for cash child support takes priority over medical support. However, some Obligees have the option of choosing medical support first; then cash support.
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H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
No
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H1.1. If yes, please explain. |
N/A
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H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
A cumulative paternity index of 99% or greater creates a disputable presumption of paternity. See ORS 109.258
http://www.leg.state.or.us/ors/109.html
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H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
Oregon Revised Statute (ORS) 109.070 specifies how paternity may be established and who, how, when, in which forum, and for what reasons paternity may be challenged.
http://www.leg.state.or.us/ors/109.html
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H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
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H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes
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H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
Although, Oregon law does not recognize "conclusive" presumptions of paternity, acknowledgements have legally established paternity since before 1995. However, the law also recognizes situations where paternity may be disestablished. See ORS 109.070 http://www.leg.state.or.us/ors/109.html
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H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes
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H5.1. If yes, how is the presumption rebutted? |
Oregon Revised Statute (ORS) 109.070 specifies how paternity may be established and who, how, when, in which forum, and for what reasons paternity may be challenged. http://www.leg.state.or.us/ors/109.html
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
No
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H6.1. If no, briefly explain. |
Although Oregon law does not recognize "conclusive" presumptions of paternity, the father's name appearing on the birth record is generally an indication that paternity has been established by voluntary acknowledgement, marriage of the parties or filiation proceedings. However, the law also recognizes situations where paternity may be disestablished. See ORS 109.070 http://www.leg.state.or.us/ors/109.html
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H7. Does your State have any other paternity-related presumptions? |
Yes
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H7.1. If yes, briefly explain. |
Oregon Revised Statute (ORS) 109.070 specifies how paternity may be established and who, how, when, in which forum, and for what reasons paternity may be challenged. http://www.leg.state.or.us/ors/109.html
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H8. Does your State have a putative fathers' registry? |
No
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H8.1. If yes, what is the name of that entity? |
N/A
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H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes
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H9.1. If yes, please describe any circumstances under which these fees may be waived. |
There are no circumstances under which the fees are waived. Information about fees can be obtained by going to this Vital Records website: http://oregon.gov/DHS/ph/chs/order/index.shtml
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H10. Is common law marriage recognized in your State? |
No
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H10.1. If yes, briefly describe the standard that defines common law marriage. |
N/A
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H10.2. When did your current common law standard go into effect? |
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H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
N/A
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H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Teleconferencing; Affidavit.
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H12. Please give the statutory citation for your State's long arm statute and list any special provisions. |
Oregon Revised Statute (ORS) 110.318.
http://www.leg.state.or.us/ors/110.html
For Additional Information - Click Here
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H13. Does your State recover genetic testing costs for other States? |
Yes
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H13.1. If so, please explain. |
Oregon pays the paternity testing costs rather than seeking the fees from the initiating state; Oregon then seeks recovery of those fees from the legally established father.
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H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
Presumption of law, administrative or judicial order or voluntary acknowledgment.
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H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
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H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
One packet of documents containing a separate paternity affidavit for each child.
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I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? |
Both Administrative and Judicial processes are used.
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I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
Whenever possible, Oregon will use the Administrative process to establish a support order. The Administrative process is most frequently used.
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I1.2. Under what circumstances would the judicial process be used? |
If the order is appealed or a party requests the case be heard by a judge in a paternity proceeding, we will proceed to the Judicial process.
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I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
Oregon Revised Statute (ORS) 416.400-416.470.
For Additional Information - Click Here
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I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
Incomes of both the Obligor and Obligee are used. Income of a new spouse may be included as a rebuttal.
For Additional Information - No Link Provided
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I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
1) Evidence of other available resources of a parent;
2) Reasonable necessities of the parent;
3) Net income of the parent remaining after withholdings required by law or as a condition of employment;
4) A parents ability to borrow;
5) The number and needs of other dependents of a parent;
6) Special hardships of a parent including, but not limited to, any medical circumstances or extraordinary travel costs related to the exercise of parenting time, if any, of a parent affecting the parent's ability to pay child support;
7) The extraordinary or diminished needs of the child;
8) The desirability of the custodial parent remaining in the home as a full-time parent or working less than full-time to fulfill the role of parent and homemaker;
9) The tax consequences, if any, to both parents resulting from spousal support awarded, the determination of which parent will name the child as a dependent, child tax credits, or the earned income tax credit received by either parent;
10) The financial advantage afforded a parent's household by the income of a spouse or domestic partner;
11) The financial advantage afforded a parent's household by benefits of employment including, but not limited to, those provided a family owned corporation or self-employment;
12) Evidence that a child who is subject to the support order is not living with either parent or is a "child attending school" as defined in ORS 107.108;
13) Prior findings in a Judgment, Order, Decree or Settlement Agreement that the existing support award was made in consideration of other property, debt or financial awards;
14) The net income of the parent remaining after payment of financial obligations mutually incurred;
15) The tax advantage or adverse tax effect of a party's income or benefits;
16) The return of capital.
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I4. Will your State establish support orders for prior periods? |
Yes
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I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
Past support may be ordered from the later of October 1, 1995 or the date of the referral or application for services to the Child Support Program (ORS 416.422). In situations where the case was "STOP" coded for lack of ability to pay, individual circumstances may apply and prior support may not be ordered for that time period.
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I4.2. What information or documentation does your State require to proceed? |
Dates public assistance was expended or date of IV-D application for services.
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I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
Yes
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I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
If assigned support, the period must be for four(4) or more months.
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I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Paternity establishment, support establishment, modification, garnishments, income withholding, license suspension.
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I6. What is your State's statutory authority for the administrative process? |
Oregon Revised Statute (ORS) Chapters 25, 109, 110 and 416.
For Additional Information - Click Here
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I7. Is there a local State law that allows an interstate administrative subpoena? |
Yes. Oregon Revised Statute (ORS) 25.082.
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I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No. Physical custody is sufficient.
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I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
No. Physical custody is sufficient.
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I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
No, but if enforcing an existing Oregon order between two parents, a new caretaker/custodian may be joined by modification.
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I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? |
A modification action.
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J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
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J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Administrative.
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J2. Is the lien process in your State judicial, administrative or both? |
Administrative.
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J2.1. What are the trigger criteria for filing a lien? |
Any arrearage.
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J2.2. Where are your State liens filed? |
There is no centralized lien registration process available through the Oregon judicial system. Real property liens are created by operation of law within the county where another state or tribunal's order is registered or where an Oregon order is established.
For another state or tribunal's order not registered in Oregon, an interstate lien (Notice of Lien) may be recorded with the County Recorder in the county where property is located.
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J2.3. Does your State charge a fee for filing a lien? |
Yes
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J2.4. If yes, please indicate the amount. |
Recording Fees: $11.00 flat fee plus $5.00 per each one-sided page.
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J.3. Does your State enforce property seizure and sale? |
Yes
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J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Administrative or Judicial.
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J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Administrative.
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J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
When the order is established and in the annual letter.
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J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No
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J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
No
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J4.3.1 If yes, who notifies the NCP, the State or financial institution? |
N/A
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J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
None, but the case must meet all qualifiers/criteria.
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J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
Minimum of $500 delinquency and three(3) months delinquent. Note: The financial institution account balance minimum is $500.
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J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
See J5.1
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J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
Yes.
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J5.3. 1. If yes, please provide the time frame. |
When Obligor is in Oregon, the time frame is three(3) months.
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J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
Yes
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J5.4.1. If yes, please provide the percentage. |
It depends on the asset; only a certain portion is eligible for seizure.
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J5.4.2 . Is the percentage different for joint accounts? |
No
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J5.4.3. If yes, please define.. |
N/A
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J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. |
Yes. The account balance must be a minimum of $500.
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J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
The State (prior to issuing a garnishment (freeze and seize action).
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J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
30 days.
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J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? |
N/A
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J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
When the asset is not the Obligor's and when there is a property exemption.
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J5.10. Is your State's complaint review process judicial, administrative or both? |
Administrative.
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J5.11. What are your State's penalties for incorrect seizures? |
None.
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J5.12. Is the second challenge administrative, judicial or both? |
N/A
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J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
40 days from date of service. A joint account holder has appeal rights and the court makes a determination of what is allowable.
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J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Centralized; not automated.
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J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
By Oregon Revised Statute, the financial institution receives a $10 processing fee for each Writ of Garnishment. This fee is paid by the Oregon IV-D agency.
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J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
Yes
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J5.16.1. If yes, what is the amount? |
$500.
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J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
No
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J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. |
N/A
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J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
N/A
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J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? |
Seven(7) calendar days.
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J5.19.1 . If yes, please define. |
The garnishee has seven(7) calendar days to file a garnishee response.
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J6. Does your State withhold State funds or benefits? |
Yes
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J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? |
Both.
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J7. Please describe any other administrative enforcement procedures your State may have. |
License suspension; Filing of liens; Determination of controlling order.
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J8. Please describe any other judicial enforcement procedures your State may have. |
Contempt; Criminal non-support; Security deposit intercept.
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J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
Contact the Oregon Central Registry to request an Interstate Lien packet which contains information and forms for this process. Also see ORS 18.320-18.325.
For Additional Information - Click Here
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J10. Which of our State's enforcement remedies are available without registration? |
*See J12 for additional information. All administrative enforcement remedies can be taken without registration of another state or tribunal's support order. These include income withholding, garnishment, license suspension, QMSCO, and withholding of unemployment compensation and worker compensation benefits.
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J11. Describe your State's registration and enforcement procedures. |
If only one foreign support order exists, it may be enforced administratively without first being registered. If the Obligor objects to an administrative enforcement action, the other state or tribunal's support order must then be registered before enforcement activity can continue. When multiple support orders exist, no enforcement action may be taken until all orders have been registered and a Determination of Controlling Order has been completed.
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J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
Judicial enforcement remedies that can be taken after registration of another state or tribunal's support order include contempt and QDRO.
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J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes
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J13.1. If yes, please provide the statutory citation. |
Oregon Revised Statute (ORS) 24.105-24.175.
For Additional Information - Click Here
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J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? |
No. Garnishment (freeze and seize) actions must come from an Oregon Clerk of the Court or the Administrator (Division of Child Support). You may send an interstate garnishment request as a Limited Service/ AEI(Automated Enforcement/Interstate) request.
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J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
Garnishment Criteria: Greater than $500 arrears; greater than $500 financial institution account balance; & no payment in the last three(3) months.
Required Documents: Transmittal #1 or #3; copy of order(s); complete dependent information (name, SSN, DOB); full certified pay history; verified bank account information; name & address of court with underlying authority over the order.
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J15. Does your State use credit bureau reporting as an enforcement method? |
Yes
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J16. Provide which credit bureaus your State report an obligor's child support information? |
All.
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J17. Is the method for credit bureau reporting judicial, administrative or both? |
Administrative.
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J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
Both.
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J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
When the support is more than one(1) month delinquent and arrears are not a result of a modification, with effective date back to service of motion, or establishment of a past support order.
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K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
Every three(3) years or less than three(3) years when requested due to a change of circumstances.
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K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
Upon request of the Custodial Parent, Non-Custodial Parent or a Guardian in TANF and Non-TANF cases.
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K3. Briefly describe your State's modification procedure. |
Administrative: Send notice to parties seeking income and other information; then issue Notice and Determination and serve on parties.
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K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
$50 or 15%; whichever is less.
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K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
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K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes
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K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes
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K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes
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K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No
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K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes
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K5.6. There has been a substantial change in child care expenses. |
Yes
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K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? |
1)One of the children has been emancipated; 2)The obligated parent is incarcerated and has no known assets or income;
3)Parties reside together and are providing support for the child or children in their home;
4)The child(ren) was not included in the original order; 5) Change in physical custody; 6) New written agreement changes amount of parenting time; 7) Change in medical child support.
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K6. Does your State have cost of living adjustments (COLAs)? |
No
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K6.1. If so, what index does your State use? |
N/A
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K7. How does your State credit SSA disability to current and past due support? |
This is handled differently depending upon whose SSA it is. See Oregon Administrative Rule (OAR) 137-050-0405 and 137-055-5520.
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K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
Yes
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K8.1. If yes, please explain the situation? |
A modification of the order will be done upon request of a parent or party.
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K8.2. What is the statutory citation for your abatement law? |
Oregon Revised Statute (ORS) 25.240 and 416.425.
For Additional Information - Click Here
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K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
Oregon does not require TANF certifications. Income and asset information is helpful.
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K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
Request through IV-D agency.
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K9. What information is required to register an out-of-State order for enforcement/modification? |
A copy of the order, payment record.
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L1. Does your State define a lump sum payment? |
Yes
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L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
Oregon Revised Statute (ORS 25.414(4) states: "Notwithstanding any other provision of this section, when withholding is from a lump sum payment or benefit, including but not limited to retroactive workers' compensation benefits, lump sum retirement plan disbursements or withdrawals, insurance payments or settlements, severance pay, bonus payments or any other similar payments or benefits that are not periodic recurring income, the amount subject to withholding for payment of a support obligation may not exceed one-fourth of the amount of the lump sum payment of benefit." (Periodic recurring income is defined as income that is received at least monthly on a regular basis.)
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L1.2 Provide the statutory citation. |
Oregon Revised Statute (ORS) 25.414(4)
For Additional Information - Click Here
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L2. Does your State law require employers to report lump sum payments? |
No
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L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
N/A
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L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
No
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L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
N/A
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L4. How are employers instructed to report a pending lump sum? |
N/A
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L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
N/A
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L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
N/A
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L7. Does your State use the income withholding order to attach the lump sum payment? |
Yes
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L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
It is noted on the original withholding order that the Employer should contact the Oregon Child Support Program regarding whether to withhold or not from a lump sum payment.
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L8. Does your State use the lien/levy process to attach the lump sum payment? |
No
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L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? |
N/A
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L9. What other documents does your State use to attach lump sum payments? |
None.
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L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
No
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L10.1 If yes, what are those limits? |
N/A
For Additional Information - No Link Provided
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L10.2 If no, what percentage is the employer required to withhold? |
The Employer can withhold 25% of disposable income up to the amount of arrears owed.
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L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
No
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L11.1 If yes, would the employer only withhold for that period's obligation? |
Oregon asks the Employer to separate the lump sum payment from regular wages. We do not go by the CCPA limits (does not apply in the State of Oregon). The Employer can withhold up to 50% of the disposable income from regular wages and up to 25% of the disposable income from a lump sum payment.
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M1. Indicate whether your State has the following enforcement remedies available. The CCPA limits may apply to any insurance payments issued as an income loss replacement.
Additional information on the legislative authority is provided. |
For Additional Information - Click Here
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M1.1. Additional information on the CCPA. |
For Additional Information - Click Here
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M2. Does your State have legislation that requires insurance companies doing business in your State to participate in an Insurance Match program? |
Yes
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M2.1. If yes, provide the statutory citation |
ORS 25.640 - 25.646
For Additional Information - Click Here
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M2.2 If no, has your State proposed or introduced legislation? |
N/A
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M3. Does your State participate in an Insurance Match program? |
No
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M4. Does your State match directly with insurers or participate in a consortium for Insurance Match? |
Match directly
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M5. If your State participates in an Insurance Match program, is there a fee involved? |
N/A
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M5.1. If yes, provide the fee amount. |
N/A
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M6. List the form(s) your State uses to intercept insurance settlements. |
CSF 02 0280 Writ of Garnishment and/or CSF 01 0210 Order to Withhold Income
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M7. Does legislation in your State prohibit insurance intercept for specific claim types? |
No
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M7.1. If yes, list the claim types and provide the statutory citation. |
N/A
For Additional Information - No Link Provided
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M8. Provide the criteria that must be met for a NCP to be eligible for Insurance Match and/or intercept? |
$750 in arrears
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M9. Is there a maximum dollar amount or percentage that can be collected through insurance intercept? |
Yes
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M9.1. If yes, please provide the dollar amount and/or percentage. |
25% of the first $10,000 for personal bodily injury (anything over $10,000 is not exempt) 120% of the court ordered amount (COA) or 50% net wage loss benefit for active cases and the last COA, up to the Federal Minimum Wage (FMW), on judgment only cases.
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M10. Has your State established a time frame to conduct the match with insurers and/or Workers Compensation Agencies? |
No
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M10.1. If yes, what are the time frames? |
N/A
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M11. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? |
The Child Support Program
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M12. Please provide your statutory citation for notifying an NCP of insurance intercept. |
ORS 25.646(2)(b)
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M13. Does your State legislation allow Insurance Match with your Workers Compensation Agency? |
Yes
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M13.1. If yes, provide the statutory citation. |
ORS 25.640
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M14. Does your State participate in an Insurance Match with your Workers Compensation Agency? |
Yes
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