1. (1) Pursuant to ORS 25.650, the Department of Justice shall report to consumer reporting agencies the name and child support arrears balance of any obligor whose case is delinquent as described in this rule. The Department will report such information:

   1. (a) On a periodic basis; and
   2. (b) Upon request.
2. (2) For the purpose of this rule, an account is considered delinquent when payments equal to at least 120% of the court ordered amount if current child support is accruing, or 100% of the last court ordered amount if the case is arrears only, have not been received in the last 30 days and the child support arrears balance has reached $7,500 for the first time.

3. (3) When a case meets the criteria in section (2) of this rule and prior to the commencement of reporting, the Department will provide the obligor with notice of the intent to report their name and child support arrears balance to the consumer reporting agencies. The notice will be sent to the obligor’s address on file, or if a valid address does not exist, to the obligor’s last known address. The notice must:

   1. (a) Indicate the name of the obligor and the child support arrears balance to be reported to the consumer reporting agencies.
   2. (b) Advise that the account delinquency status, including the child support arrears balance, may be reported to the consumer reporting agencies on a periodic basis without sending further notice to the obligor.
   3. (c) Advise of the obligor’s right to contest the action or dispute the amount to be reported within 30 calendar days of the date of the notice.
   4. (d) Explain the process for contesting and advise that objections must be in writing on the form provided with the notice.

   5. (e) Advise that the only reasons for contesting credit reporting are:

      1. (A) The obligor is not the person who owes the child support arrears balance shown on the notice;
      2. (B) The obligor paid as required in the last 30 days;
      3. (C) The obligor’s child support arrears balance never reached $7,500; or
      4. (D) The child support arrears balance indicated in the notice was incorrect at the time the notice was issued.
4. (4) If the obligor does not contest the action or pay as required within the allowed 30-day period, the Department will release the information to the consumer reporting agencies.
5. (5) Once reported, an obligor’s case will continue to be reported, regardless of the child support arrears balance and payment status.
6. (6) If the obligor contests the action for any of the reasons listed in section (3) of this rule, the administrator will conduct an administrative review on the case and mail the results of the review to the parties.
7. (7) Once the administrative review is complete, the Department will release the information to the consumer reporting agencies, unless it is determined that the obligor is not the person who owes support or their account is not delinquent.
8. (8) Parties may contest the results of the administrator’s review as provided in ORS 183.484.
9. (9) If a court or agency of appropriate jurisdiction determines the child support arrears balance owing is other than previously reported, the Department will update the consumer reporting agencies with the findings made by the court or agency within 10 days after receiving a copy of the final order.
10. (10) The Department will pause periodic reporting when an obligor’s order is suspended pursuant to ORS 25.245 or 25.247. Once the obligor’s order is reinstated, the Department will resume periodic reporting.

11. (11) If, at any time, an obligor disputes in writing the information that has been reported to the consumer reporting agency, the administrator must, within 30 days of receiving notification of the dispute:

    1. (a) Provide notice to the consumer reporting agency and the obligor that the information is being disputed;
    2. (b) Conduct an administrative review of the case; and
    3. (c) Provide the results of the review to the parties and the consumer reporting agency.
12. (12) Notwithstanding section (11) of this rule, the administrator will not conduct an administrative review of the reported information more than once in any calendar year, unless the obligor provides the administrator with new supporting documentation that the information reported to the consumer reporting agency is incorrect.
13. (13) The Department will discontinue periodic reporting when the obligor no longer has a child support obligation and the child support balance is paid in full, the case is closed, or whenever Oregon has requested another jurisdiction to enforce the order.
14. (14) When the Department has issued a report to a consumer reporting agency under section (1) of this rule, the Department will promptly notify the consumer reporting agency when the case record shows that the obligor no longer owes arrears.

Statutory/Other Authority

42 USC § 666(a)(7) & ORS 180.345

Statutes/Other Implemented

ORS 25.650

History

DOJ 2-2023, amend filed 02/28/2023, effective 03/03/2023
DOJ 38-2020, minor correction filed 02/05/2020, effective 02/05/2020
DOJ 20-2018, amend filed 09/04/2018, effective 09/05/2018
DOJ 13-2017, amend filed 12/29/2017, effective 01/01/2018
DOJ 6-2008, f. & cert. ef. 4-1-08
DOJ 1-2006, f & cert. ef. 1-3-06
DOJ 9-2005, f. & cert. ef. 10-3-05
DOJ 12-2004, f. & cert. ef. 10-1-04
DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-4560
DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-4560
SSP 15-2003, f. 6-25-03, cert. ef. 6-30-03
AFS 15-2002, f. 10-30-02, ef. 11-1-02
AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0230
AFS 18-2000, f. & cert. ef. 7-12-00
AFS 23-1997, f. 12-29-97, cert. ef. 1-1-98
AFS 7-1996, f. 2-22-96, cert. ef. 4-1-96
AFS 25-1990, f. 11-21-90, cert. ef. 12-1-90
AFS 11-1990, f. 3-27-90, cert. ef. 4-1-90
AFS 66-1989, f. 11-28-89, cert. ef. 12-1-89, Renumbered from 461-035-0670
AFS 12-1989, f. 3-27-89, cert. ef. 4-1-89, Renumbered from 461-035-0051
AFS 22-1986, f. & ef. 3-4-86
AFS 79-1985(Temp), f. & ef. 12-26-85