1. (1) For the purposes of this rule:

   1. (a) "Apportioned Veterans benefits" means the amount the U.S. Department of Veterans Affairs deducts from an obligated parent’s Veterans benefits and disburses to the child or to the child's representative payee; and
   2. (b) “Social Security benefits” refer to those benefits paid on behalf of a disabled or retired obligated parent to a child or a child’s representative payee.
2. (2) The child support obligation may be reduced dollar for dollar in consideration of any Social Security or apportioned Veterans benefits; and
3. (3) The child support obligation must be reduced dollar for dollar in consideration of any Survivors’ and Dependents’ Educational Assistance (Veterans benefit) under 38 U.S.C. chapter 35.

4. (4) A parent is not entitled to a reduction in support for Veterans or Social Security benefits:

   1. (a) That result from the child’s own disability,
   2. (b) For which the obligated parent is the representative payee, or
   3. (c) That do not result from the obligated parent's own disability or retirement, or, in the case of subsection (3), from that parent's military service.

Statutory/Other Authority

ORS 25.270 – 25.290 & 180.345

Statutes/Other Implemented

ORS 25.270 – 25.290

History

DOJ 5-2015, f. & cert. ef. 3-30-15
DOJ 3-2015(Temp), f. & cert. ef. 2-4-15 thru 8-2-15
DOJ 8-2014, f. & cert. ef. 5-22-14
DOJ 3-2013, f. 5-15-13, cert. ef. 7-1-13
DOJ 16-2009, f. 12-1-09, cert. ef. 1-4-10