OAR 137-055-3660: Multiple Child Support Judgments

(1) For purposes of this rule, “multiple child support judgments” mean two or more judgments or orders issued by a court, or filed under ORS 25.529, that provide for past or current child support, including medical support, involving either: (a) The same obligor, child, and period; or (b) The same parties, child, and period and the later-issued child support judgment changed the child support obligation from one parent to the other parent but did not expressly terminate the former obligation. (2) When the administrator finds that multiple child support judgments have been issued in this state, the administrator may, as appropriate: (a) Issue a notice that, pursuant to ORS 25.095 , the terms of a later-issued child support judgment terminated and replaced the terms of an earlier-issued child support judgment; (b) Terminate an existing administrative child support judgment, pursuant to ORS 25.505; (c) Move to set aside a judgment pursuant to ORCP 71; (d) Issue a proposed governing child support order under ORS 25.531 applying the presumption provided in ORS 25.091(4) and section (3) of this rule that the later-issued child support judgment should control; or (e) Petition the court in the county where a child who is subject to the judgment resides for a governing child support judgment pursuant to ORS 25.091. (3) When determining which support judgment is the “last-issued” for purposes of applying or rebutting the presumption in ORS 25.091(4), the issue date for any support judgment is: (a) The date the support judgment was entered into the circuit court register; or (b) If the administrative child support judgment required judicial approval, the date the order approving the administrative child support judgment was entered into the circuit court register. (4) A governing child support judgment entered pursuant to ORS 25.091 does not affect any liability accrued under a child support judgment before the governing child support judgment is issued. (5) The administrator’s proposed governing child support order or petition for governing child support judgment will include: (a) A reconciliation of all the child support judgments’ payment records; or (b) An order or motion to reconcile any child support arrears or credits for overpayments under all of the child support judgments in a separate proceeding under ORS 25.167 or ORS 25.540. (6) When reconciling child support payment records for any period when two or more child support judgments were in effect for the same obligor: (a) The obligor owes, for each month, the amount of current support due under the highest judgment; (b) Payment made toward any one of the judgments must be credited against the obligation under each of the others; and (c) If the terms of an earlier-issued child support judgment are terminated by a later-issued child support judgment, either pursuant to ORS 25.095(2) or explicitly by the terms of the later-issued judgment, the administrator may issue notice in accordance with ORS 25.095(4) stating that unpaid arrears that accrued under the earlier-issued judgment become part of and are enforceable under the later-issued judgment.