ORS 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

(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]

Source: 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, https://www.­oregonlegislature.­gov/bills_laws/ors/ors025.­html.

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

25.010
Definitions for support enforcement laws
25.011
“Address” defined
25.015
When payment on support order begins
25.020
When support payment to be made to Department of Justice
25.025
Annual notice to parties receiving services under ORS 25.020
25.030
When payment payable to bank account or escrow agent
25.070
Order may include payment of support enforcement fees
25.075
Cooperative agreements with Indian tribes or tribal organizations
25.080
Entity primarily responsible for support enforcement services
25.081
Access to records with Social Security number
25.082
Administrative subpoenas
25.083
High-volume automated administrative enforcement services
25.084
Assignment of rights or written application required for services
25.085
Service on obligee
25.088
Effect of dismissal of judicial proceeding on existing administrative order of support
25.089
Enforcement and modification of child support judgments
25.091
Multiple child support judgments
25.095
Later-issued child support judgment
25.100
Designation of auxiliary court in county where party resides or property located
25.110
Jurisdiction of designated auxiliary court
25.125
Disposition of support obligation overpayments
25.130
Election of alternative support payment method
25.140
Copies of new or modified support orders to department
25.150
Department to collect fees for services
25.160
Referral of support cases to department
25.164
Payment of support through Department of Justice
25.165
Application of support payments
25.166
Support payment due dates
25.167
Procedure for determining arrearages
25.170
Proceedings to require delinquent obligor to appear for examination of financial circumstances
25.180
Examination of obligor’s financial circumstances
25.190
Continuance of proceedings
25.200
Arrest of obligor for failure to appear
25.210
Use of obligor’s property for delinquent support payments
25.213
Assignment of proceeds of insurance policy to secure support obligation
25.220
Computer records of administrator
25.230
Court authorized to require security for support payments
25.240
Order to pay support by parent with legal custody of minor
25.241
Suspension of enforcement or holdback of moneys received during pendency of certain actions
25.243
Grievance procedure
25.245
Rebuttable presumption of inability to pay child support when parent receiving certain assistance payments
25.247
Rebuttable presumption of inability to pay child support when obligor incarcerated
25.260
Confidentiality of records
25.265
Access to information in Federal Parent Locator Service
25.270
Legislative findings
25.275
Formula for determining child support awards
25.280
Formula amount presumed correct
25.287
Proceedings to modify orders to comply with formula
25.290
Determining disposable income of obligor
25.321
Definitions for ORS 25.321 to 25.343
25.323
Medical support
25.325
Enforcing medical support
25.327
Service of medical support notice
25.329
Actions required after service of medical support notice
25.331
Obligation to withhold
25.333
Contesting medical support notice
25.335
Termination of support order
25.337
Liability
25.339
Priority of medical support notice
25.341
Notice of termination of employer’s relationship with providing party
25.342
Rules
25.343
Authorization for reimbursement payments
25.372
Applicability
25.375
Priority of withholding
25.378
Payment of support by income withholding
25.381
Establishing income withholding as method of paying support
25.384
Statement on withholding in support order
25.387
Withholding more than amount authorized by law
25.390
Amendment of support order not required for withholding
25.393
Remedy additional to other remedies
25.396
Exception to withholding
25.399
Notice of order to withhold
25.402
Service of order on withholder
25.405
Contesting order to withhold
25.408
Withholding is continuing obligation
25.411
When withholding begins
25.414
Standard amount to be withheld
25.417
Amount to be withheld when obligor paid more frequently than monthly
25.421
Procedure if withholder does not withhold support
25.424
Liability of withholder
25.427
Rules
25.501
Definitions for ORS 25.501 to 25.556
25.502
Policy
25.503
Parties to support proceedings
25.505
Authority of administrator and administrative law judge
25.507
Tribunals for establishment of paternity or for child support order
25.511
Notice and finding of financial responsibility
25.513
Hearings procedure
25.515
Past support
25.517
When order of support contingent on child residing in state financed or supported residence
25.525
Modification of order based on change in physical custody
25.527
Motions to modify financial responsibility orders
25.529
Filing order with court
25.531
Multiple child support judgments
25.533
Relief from compliance with order
25.540
Notice of intent to establish and enforce arrearages
25.542
Preventing transfer of assets to evade compliance with order
25.550
Establishing paternity of child
25.552
Certification of paternity issue to circuit or juvenile court
25.554
Reopening issue of paternity
25.556
Expeditious court hearings
25.575
Definitions for ORS 25.575 to 25.577
25.576
Order for support of adjudicated youth or other offender
25.577
Youth authority may enter into agreements for support enforcement services
25.610
Procedure to collect support orders from state tax refunds
25.620
Procedures to collect past due support from state tax refunds
25.625
Federal tax offset
25.640
Definitions for ORS 25.643 and 25.646
25.643
Disclosure of information on obligors by financial institutions
25.646
Disclosure of financial records of customers by financial institutions
25.650
Information on past due support to consumer reporting agencies
25.670
Judgment lien on personal property
25.680
Effect of lien
25.690
Foreclosure of lien
25.710
Duty of district attorney
25.715
Child support paid from security deposit
25.720
When support assignable
25.725
Child Support Deposit Fund
25.727
Garnishing income of person required to provide health insurance for child eligible under Medicaid
25.729
Application of laws to effectuate purposes of ORS chapter 110
25.750
Suspension of licenses, certificates, permits and registrations
25.752
Memberships in professional organizations that are required by state law
25.756
Identifying persons holding licenses, certificates, permits and registrations
25.759
Notice to persons subject to suspension
25.762
Agreement between obligor and administrator
25.765
Procedure if obligor contacts administrator within time limits
25.768
Judicial review of order
25.771
Obligor holding more than one license, certificate, permit or registration
25.774
Reinstatement
25.777
Reimbursing issuing entities for costs incurred
25.780
Other licenses, certificates, permits and registrations subject to suspension
25.783
Confidentiality of information
25.785
Issuing entities to require Social Security number
25.790
Hiring or rehiring individual
25.792
Confidentiality
25.793
Disclosure of employer-reported information
25.794
Verification of employment
25.990
Penalties
Green check means up to date. Up to date