2017 ORS 412.024¹
Assignment of support rights
  • cooperation required for establishing paternity of child or obtaining support
  • exceptions
  • sanctions
  • rules

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

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

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

(formerly 418.042)

Notes of Decisions

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

State may only require reimburse­ment for public assistance given after effective date of this sec­tion, but state may seek reimburse­ment by requiring assign­ment of present rights to support, including prior unpaid support obliga­tions which have become judg­ments by opera­tion of ORS 107.135 (Vacation or modification of judgment). 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)

1 Legislative Counsel Committee, CHAPTER 412—Temporary Assistance for Needy Families, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors412.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 412, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano412.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.