ORS 25.125
Disposition of support obligation overpayments

  • liquidated debts in favor of state
  • rules

(1)

The Department of Justice may return moneys to an obligor when the department determines that the obligor has paid more moneys than are due under a support obligation. However, when the obligor has an ongoing support obligation, the department may give the obligor credit for the excess amount paid and apply the credit to the future support obligation until the credit is fully used. When the department applies a credit to offset a future support obligation, the department shall so notify the obligee. The notice must inform the obligee that, if the obligee requests, the department will conduct an administrative review to determine if the record keeping and accounting related to the calculation of the credit balance is correct. The department shall conduct the administrative review within 30 days after receiving the request.

(2)

An overpayment in favor of the state is created when the Department of Justice, under ORS 25.020 (When support payment to be made to Department of Justice), has transmitted moneys to any person or entity, including but not limited to an obligor, an obligee, a child support agency of another state or an agency of this state, and:

(a)

The amount transmitted is attributable in whole or in part to a tax refund offset collection all or part of which has been taken back by the Internal Revenue Service or the Department of Revenue; or

(b)

The Department of Justice performed an accounting adjustment that resulted in the refund, reallocation or redistribution of the amount transmitted to the state or any other person or entity.

(3)

Intentionally left blank —Ed.

(a)

The person or entity to which the moneys were transmitted owes the amount of the overpayment to the state. The Department of Justice shall:

(A)

Attempt to recover the overpayment if it is cost-effective to do so;

(B)

Notify the person or entity to whom the overpayment was made that the person or entity owes money to the state and specify the amount of the overpayment to be returned to the department; and

(C)

Give the person or entity opportunity to object.

(b)

If the person or entity does not file a timely written objection, the overpayment amount determined by the department becomes a liquidated debt and creates an account receivable owed to the department, and the provisions of subsection (4) of this section apply. If the department does not resolve an objection to the person’s or entity’s satisfaction, an administrative law judge assigned from the Office of Administrative Hearings shall hear the objection. An order by the administrative law judge becomes a liquidated debt and creates an account receivable owed to the department. The person or entity may appeal the decision of an administrative law judge to the circuit court for a hearing de novo.

(c)

Notwithstanding paragraph (a) of this subsection, if an agency of this or another state owes the overpayment, the agency shall return the amount of the overpayment to the department without notice and opportunity to object.

(4)

Intentionally left blank —Ed.

(a)

The amount of the overpayment specified in subsection (3)(a) of this section is a liquidated debt owed to the state and an associated account receivable. The Department of Justice may recover the debt by obtaining from the obligee an agreement to apply all or a portion of future support payments to the account receivable or in any other way permitted by law.

(b)

Accounts receivable are considered delinquent for purposes of this subsection and are subject to the provisions of ORS chapter 293 if:

(A)

The person or entity fails to make full payment within 90 days of liquidation; or

(B)

A period of 90 days elapses without a payment as required by a payment agreement between the department and the obligated person or entity.

(5)

Intentionally left blank —Ed.

(a)

In addition to the account receivable created under subsection (2) of this section, a debt in favor of the state and an associated account receivable are created when:

(A)

The Department of Justice receives payment for support amounts due from an obligor, a withholder subject to an order to withhold under this chapter or another issuer on behalf of an obligor;

(B)

The department transmits the amount to any other person or entity; and

(C)

The payment is dishonored or reversed.

(b)

When a debt is created under paragraph (a) of this subsection, the amount of money specified in the payment is owed to the state, and the department may collect the debt from one of the following:

(A)

The obligor, regardless of who presented the check.

(B)

The withholder, if the withholder presented the check.

(C)

The other issuer, if another issuer presented the check.

(D)

The person or entity to which the amount was transmitted by the department.

(c)

The department shall:

(A)

Attempt to recover the debt if it is cost-effective to do so;

(B)

Notify the obligor, withholder or other issuer who made the payment that the person or entity owes the money to the state; and

(C)

Specify the amount of the debt to be paid to the department.

(d)

The amount of the debt specified in paragraph (c) of this subsection is a liquidated debt owed to the state and an account receivable. The department may recover the debt and collect on the account receivable in any way permitted under law.

(e)

Accounts receivable are considered delinquent for purposes of this subsection and are subject to the provisions of ORS chapter 293 when:

(A)

The person or entity fails to make full payment within 90 days of liquidation; or

(B)

A period of 90 days elapses without a payment as required by a payment agreement between the department and the obligated person or entity.

(6)

The Department of Justice shall adopt rules to carry out the provisions of this section. [1997 c.385 §2; 2001 c.961 §2; 2003 c.73 §22a; 2003 c.75 §72; 2003 c.572 §5; 2005 c.560 §3; 2015 c.72 §1; 2015 c.74 §1; 2017 c.459 §1; 2019 c.290 §3; 2019 c.291 §4]

Source: Section 25.125 — Disposition of support obligation overpayments; liquidated debts in favor of state; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors025.­html.

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