OAR 137-055-6120: Satisfaction of Arrears for Less Than Full Payment

(1) The Department of Justice may satisfy all or any portion of child support arrears that are assigned to the State of Oregon or to any other jurisdiction if one or more of the following circumstances apply: (a) An error or legal defect has occurred that indicates a reduction may be appropriate; (b) The arrears are a substantial hardship to the obligor or their household; or (c) A compromise of amounts owing will result in greater collection on the case, considering the maximum amount that the department could reasonably expect to collect from the obligor if no compromise was made and the probable costs of collecting that maximum amount; and (A) The obligor has entered into an agreement with the department to take steps to enhance their ability to pay child support; or (B) The obligor has entered into an agreement with the department to take steps to enhance their ability to care for the child or children who reside with them. (2) If all or any portion of the assigned arrears are assigned to another jurisdiction, the department may satisfy the assigned amount only with the approval of that jurisdiction. (3) For purposes of subsection (1)(c) of this rule, the department will not complete a satisfaction for less than the full payment of arrears unless the department has determined that the obligor has satisfactorily met or is complying with any agreement made with the department pursuant to this rule. (4) The department will record a summary of each agreement to satisfy arrears for less than full payment on the appropriate electronic file on the case. (5) Any satisfaction executed under this rule will be made pursuant to and in full compliance with ORS 18.228. (6) The provisions of this rule notwithstanding, the obligee may satisfy all or any portion of unassigned arrears due to the obligee, pursuant to OAR 137-055-5220. (7) Nothing in this rule precludes the administrator from negotiating a satisfaction of arrears due or potentially due to the obligee for less than full payment by the obligor, but such satisfaction will take effect only when the obligee consents and signs a “satisfaction of support judgment” pursuant to OAR 137-055-5220.