OAR 137-055-5220: Satisfaction of Support Awards

The purpose of this rule is to define how the Oregon Child Support Program, administered by the Oregon Department of Justice, will credit satisfactions of support awards in certain circumstances. This rule must not be construed as limiting the authority of the department to approve or credit a satisfaction of support award in other lawful circumstances not specified in this rule. (1) For purposes of this rule, an obligee is any person entitled to receive support who is listed as a judgment creditor. (2) When support payment records are kept by the department, an obligee may satisfy amounts owed to them and reflected on the case records as past due by submitting a completed satisfaction of support award form to the administrator, subject to approval by the administrator under the provisions of this rule or in accordance with OAR 137-055-5240. (3) Except as provided in paragraph (5) and (13), an obligee may not satisfy more than the amount owed to them and if a satisfaction of support award seeks to satisfy more than what is owed to the obligee, the administrator may reject it in part or in full. (4) The department and its attorneys have authority to sign and approve satisfactions of support awards for money assigned to the State of Oregon and other jurisdictions. (5) All satisfactions ordered by a court, filed in court by an obligee, or that are the result of an administrative order issued by the Office of Administrative Hearings may be processed by the administrator and recorded on the case record in full, even if it causes the case to be in a credit balance. (6) The administrator will record a satisfaction of support award on the case record in the amount allowed by the department and promptly file the satisfaction of support award form to the appropriate court administrator, together with a certificate stating the amount entered on the case record. (7) When the administrator rejects a satisfaction in part or in full as provided in section (3) of this rule, the administrator will send written notice to the obligor and obligee by regular mail to the most recent address of record. Such notice will indicate the reason for the rejection. (8) All satisfactions must contain the following: (a) The full names of both the obligor and the obligee; (b) The name of the Oregon county circuit court where the support award was entered; (c) The Oregon Child Support Program case number or the circuit court case number; (d) Either: (A) The total dollar amount to be satisfied; or (B) The period for which past due support is satisfied; (e) A statement that the satisfaction is only for child support or spousal support; (f) The signature of the obligee, except for those satisfactions approved under sections (4) and (5) of this rule, where the obligee's signature is not required; and (g) The date the form is signed. (9) All signatures on satisfactions of support award must be notarized, except when included in court orders. (10) Notwithstanding any other provision of this rule, the department has the authority to file and execute a satisfaction without the need to notarize such satisfaction when all the following are true: (a) The obligor provides a sworn affidavit that the support award has been paid in full; and (b) The department certifies that it has a complete payment record for the support award and that the payment records shows no arrears. The department will be considered to have a complete payment record if the department has kept the payment record for the support judgment from the date of the first support payment required under the award or if the obligee or the administrator established arrears for the period when the department did not keep the payment record on the case. (11) When the administrator receives a sworn affidavit under the provisions of subsection (8)(a) of this rule, the department will examine its support records and determine if it has the authority under section (10) of this rule to execute and file a satisfaction of support award. The administrator will promptly notify the obligor if the department determines that it does not have authority to execute and file a satisfaction of support award. The department will also determine if any amounts due for support were not assigned to the state. If the department determines that any amounts were not assigned to the state, the administrator will give notice to the obligee in the manner provided by ORS 25.085. The notice must inform the obligee that the program will execute and file the satisfaction of support award unless the program receives an objection and request for hearing within 30 days after the date of mailing the notice. (12) If the obligee requests a hearing under section (11) of this rule, a contested case hearing will be conducted under ORS 183.310 to 183.502 before an administrative law judge. (13) If support is owed to a child attending school who is not a judgment creditor, the child attending school can only agree to a credit for direct payment as defined in OAR 137-055-5120, however an obligee may satisfy arrears owed to a child attending school.