ORS 25.540: Notice of intent to establish and enforce arrearages; request for hearing; order.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The administrator may issue a notice of intent to establish and enforce arrearages for any support order that is registered, filed or entered in this state. The notice must be served upon the obligor in the manner prescribed for service of summons in a civil action, mailed to the obligor at the obligor’s last-known address by certified mail, return receipt requested, or sent by any other mail service with delivery confirmation. The administrator shall provide the notice to the obligee by regular first class mail or, if authorized by the obligee, by electronic mail or other electronic delivery method as described by the administrator by rule. (2) The notice must include: (a) A statement of the name of the caretaker relative or agency and the name of the dependent child for whom support is to be paid; (b) A statement of the monthly support the obligor is required to pay under the support order; (c) A statement of the arrearages claimed to be owed under the support order; (d) A statement that if the obligor or the obligee objects to the enforcement of the arrearages, then the objecting party must send to the office issuing the notice, within 30 days of the date of service, a written response that sets forth any objections and requests a hearing; (e) A statement that the only basis upon which an obligor or an obligee may object to the enforcement of the arrearages is that the amount of the arrearages specified in the notice is incorrect; (f) A reference to ORS 25.501 to 25.556; (g) A statement that the obligor and the obligee are responsible for notifying the office of any change of address or employment; (h) A statement that if the obligor or the obligee has any questions, the obligor or obligee should telephone or visit the appropriate office or consult an attorney; and (i) Such other information as the administrator finds appropriate. (3) If a timely written response setting forth objections and requesting a hearing is received by the appropriate office, a hearing shall be held under ORS 25.513. (4) If no timely written response and request for hearing is received by the appropriate office, the administrator shall enter an order directing that the amount of the arrearages stated in the notice be entered in the child support accounting record maintained by the Department of Justice. (5) Action to administratively enforce and collect upon the arrearages established under this section may be taken 30 days after service of or receipt or refusal of the notice by the obligor or obligee. (6) Nothing in this section shall prevent the administrator from using other available enforcement remedies at any time. [Formerly 416.429; 2025 c.99 §38]
Administrative rules citing this section
This rule cites
- ORS 25.501 — resolved
- 25.556 — resolved
- ORS 25.513 — resolved
Cited by
- ORS 25.015: When payment on support order begins; determining; notification of date.
- ORS 25.091: Multiple child support judgments.
- ORS 25.167: Procedure for determining arrearages.
- ORS 25.610: Procedure to collect support orders from state tax refunds; voluntary withholding; rules.
- OAR 137-055-2170: Use of Lay Representatives at Administrative Hearings
- OAR 137-055-3240: Establishment of Arrears
- OAR 137-055-3280: Administrative Law Judge Order Regarding Arrears
- OAR 137-055-3660: Multiple Child Support Judgments
- OAR 137-055-6260: Return of Payments to Obligor or Other Jurisdiction
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors025.html