OAR 137-055-3020
Paternity Establishment Procedures


(1) When a case involves a child who is not yet born, the administrator will take no action to establish paternity or to provide locate services until such time as the child is born.
(2)(a) When initiating legal proceedings to establish paternity for a child conceived in Oregon, the administrator will use ORS chapter 109 or ORS chapter 25.
(b) Except for proceedings filed under ORS chapter 109, past support will be established as provided by ORS chapter 25 and OAR 137-055-3220 (Establishment of Past Support Orders).
(3) When the administrator initiates legal proceedings to establish paternity, if the child was born in this state, the administrator will file the Notification of Filing of Petition in Filiation Proceedings with the Center for Health Statistics.
(4) When initiating a legal proceeding, the administrator will seek to establish paternity against the man named as the most likely alleged father except as provided in sections (5) and (6).
(5) When parentage is established by presumption under ORS 109.070 (Presumption of parentage) and the birth mother names one or more persons other than the presumed parent as the biological father of the child, the administrator will provide the presumed parent with notice and an opportunity to object.
(a) If a written objection is received from the presumed parent within 30 days of the date of the notice, an action to determine parentage will be filed in circuit court.
(b) If no written objection is received from the presumed parent within 30 days of the date of the notice, the administrator will facilitate genetic testing for the birth mother, child, and alleged father(s) prior to filing an action to determine parentage in circuit court.
(A) If all known alleged fathers are excluded by testing or testing cannot be completed, the administrator may seek support from the presumed parent.
(B) If an alleged father is included by testing, the administrator will file an action in circuit court to disestablish the parentage of the presumed parent and establish the parentage of the alleged father who was included by testing.
(6) Notwithstanding section (5) of this rule, when parentage is established by presumption under ORS 109.070 (Presumption of parentage), the administrator will not pursue an action to determine parentage if:
(a) The mother and presumed parent are still married, cohabiting, and do not both consent to an action to determine parentage; or
(b) The presumed parent has physical custody of the child and does not consent to an action to determine parentage.
(7) When establishing support against a presumed parent, if a party provides proof that he or she filed a petition to challenge parentage under ORS 109.070 (Presumption of parentage), the administrator will suspend the support action pending the resolution of the petition.
(8) Except as provided in Section (6) of this rule, when the mother or other declarant states that more than one man could be the biological father of the child and genetic tests have excluded a man as the father of the child, the following provisions apply:
(a) If there is only one remaining untested alleged biological father, that man is constructively included as the father by virtue of the other men’s exclusion as the father.
(b) If there is more than one remaining untested alleged biological fathers, the administrator will initiate action against each man, either simultaneously or one at a time, to attempt to obtain tests which either exclude or include each man.
(9) Except as provided in Section (6) of this rule, when the mother or other declarant states that more than one man could be the biological father of the child and genetic tests have included a man as the father of the child at a cumulative paternity index of at least 99, any other untested alleged father(s) will be considered to be constructively excluded by virtue of the first man’s inclusion.
(10) The Oregon Child Support Program will pay the costs of initial genetic tests to determine paternity.
(11) When a party requests additional genetic testing as provided in ORS 109.252 (Authority for blood test)(2), the following provisions apply:
(a) The laboratory selected for additional testing must be a laboratory approved by accreditation bodies designated by the Oregon Health Authority; and
(b) The party making the request must advance the costs of the additional tests to the accredited laboratory.
(12) Upon receipt of a partys request for additional genetic testing and proof that payment has been advanced to an accredited laboratory, the administrator or the court will order additional testing.
(13) If a non-requesting party fails to appear for the additional genetic testing, the administrator will take appropriate steps to compel obedience to the order for additional testing.
(14) If a requesting party fails to appear for the additional genetic testing, the administrator may enter an order in accordance with OAR 137-055-3100 (Order Establishing Paternity for Failure to Comply with an Order for Parentage Testing).
(15) The administrator may dismiss or terminate a proceeding to establish paternity after sending written notice to the parties that the case is being considered for dismissal or termination and that any comments or objections must be made within 10 days.
(16) The birth mother is a necessary party to an action to establish paternity, regardless of whether the mother is an applicant for services or custodian of the child.
(a) When the birth mother is not the applicant for services prompting the action to establish paternity, the administrator must serve notice of the action by personal service upon the birth mother, unless she is deceased. If the birth mother cannot be personally served, the administrator shall request permission from the circuit court to serve the mother by an alternate method as provided in ORCP 7 D(6);
(b) If the birth mother cannot be personally served with notice of the action or if the birth mother is deceased, the enforcing agency will not take an order establishing paternity unless genetic tests to determine paternity have been completed which fail to exclude the alleged father, and have a cumulative paternity index of at least 99%;
(c) In any action to establish paternity in which the administrator cannot personally serve the child’s birth mother, or when the birth mother is deceased, the child’s legal guardian is a necessary party to the action. If the child does not have a legal guardian, the administrator will request that the court appoint a willing, qualified and suitable person to be a guardian ad litem for the child. If no relative or other person agrees to such appointment, the administrator will request that an attorney be appointed for this purpose.

Source: Rule 137-055-3020 — Paternity Establishment Procedures, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-3020.

137‑055‑1010
Applicability of Rules in OAR 137, Division 55
137‑055‑1020
Child Support Program Definitions
137‑055‑1040
“Party Status” in Court and Administrative Proceedings
137‑055‑1060
Uniform Application for Child Support Enforcement Services
137‑055‑1070
Provision of Services
137‑055‑1080
Fees
137‑055‑1090
Good Cause
137‑055‑1100
Continuation of Services
137‑055‑1120
Case Closure
137‑055‑1140
Confidentiality of Records in the Child Support Program
137‑055‑1160
Confidentiality — Finding of Risk and Order for Nondisclosure of Information
137‑055‑1200
Use of Social Security Number by the Child Support Program
137‑055‑1320
Access to FPLS for Purposes of Parentage Establishment
137‑055‑1360
Access to FPLS for Parental Kidnapping, Child Custody or Visitation Purposes
137‑055‑1500
Incentive Payments
137‑055‑1600
Child Support Program Participant Grievance
137‑055‑1700
Division of Child Support as Garnishee — Service of Writ
137‑055‑1800
Limited English Proficiency
137‑055‑2020
Case Assignment
137‑055‑2045
Spousal Support
137‑055‑2060
Cases with Contradictory Purposes
137‑055‑2080
Office Responsible for Providing Services when Conflict of Interest
137‑055‑2100
Process Service
137‑055‑2120
Rules for Contested Case Hearings in the Child Support Program
137‑055‑2140
Delegations to Administrative Law Judge
137‑055‑2160
Requests for Hearing
137‑055‑2165
Requests to Reschedule Hearing
137‑055‑2170
Use of Lay Representatives at Administrative Hearings
137‑055‑2180
Reconsideration and Rehearing
137‑055‑2320
Requirement for Services — Obligor Bankruptcy Situations
137‑055‑2340
Obligor Bankruptcy Situations in General
137‑055‑2360
Obligor Chapter 7 and Chapter 11 Bankruptcy Situations
137‑055‑2380
Obligor Chapter 12 and Chapter 13 Bankruptcy Situations
137‑055‑3020
Paternity Establishment Procedures
137‑055‑3040
Temporary Order for Support
137‑055‑3060
Establishing Paternity in Multiple Alleged Father Cases
137‑055‑3080
Responsibility of Administrator to Establish Paternity at Request of Self-Alleged Father
137‑055‑3100
Order Establishing Paternity for Failure to Comply with an Order for Parentage Testing
137‑055‑3120
Changing Child’s Surname on Birth Certificate When Paternity Established
137‑055‑3140
Reopening of Paternity Cases
137‑055‑3200
Pending Judicial Proceedings and Existing Support Orders
137‑055‑3220
Establishment of Past Support Orders
137‑055‑3240
Establishment of Arrears
137‑055‑3260
Correction of Mistakes in Orders
137‑055‑3280
Administrative Law Judge Order Regarding Arrears
137‑055‑3290
Entry of Contingency Orders When Child Out of Care
137‑055‑3300
Incarcerated Obligors
137‑055‑3360
Entering of Administrative Orders in the Register of the Circuit Court
137‑055‑3400
District Attorney Case Assignment for Modification or Suspension of Support
137‑055‑3410
Notice and Finding of Financial Responsibility or Modification
137‑055‑3420
Periodic Review and Modification of Child Support Order Amounts
137‑055‑3430
Substantial Change in Circumstance Modification of Child Support Order Amounts
137‑055‑3435
Physical Custody Changes: Adjusting Orders
137‑055‑3440
Effective Date of Modification Under ORS 25.527
137‑055‑3460
Processing Modifications When Unable to Find the Obligee
137‑055‑3480
Modification of a Support Order to Zero or Termination of a Support Order
137‑055‑3485
Establishment or Modification for a Child Who Is Approaching or Has Reached 18 Years of Age
137‑055‑3490
Suspension of Enforcement
137‑055‑3495
Redirection of Support
137‑055‑3500
Joinder of a New Party to a Child Support Proceeding
137‑055‑3620
Administrative Subpoena
137‑055‑3640
Enforcement of a Subpoena by License Suspension
137‑055‑3660
Multiple Child Support Judgments
137‑055‑3665
Multiple Child Support Judgments — Multiple Obligees
137‑055‑4040
New Hire Reporting Requirements
137‑055‑4060
Income Withholding — General Provisions, Requirements and Definitions
137‑055‑4080
Exceptions to Income Withholding
137‑055‑4130
Reduced Income Withholding
137‑055‑4160
Contested Income Withholding
137‑055‑4210
Withholder Penalties
137‑055‑4300
Support Enforcement by Methods Other than Income Withholding
137‑055‑4320
Collection of Delinquent Support Obligations Through the Oregon Department of Revenue
137‑055‑4340
Collection of Delinquent Support Obligations Through the U.S. Secretary of the Treasury
137‑055‑4420
License Suspension for Child Support
137‑055‑4440
Liens Against Personal and Real Property
137‑055‑4450
Expiration and Release of Judgment Liens
137‑055‑4455
Expiration of Support Judgment Remedies
137‑055‑4460
Posting Security Bond or Other Guarantee of Payment of Overdue Support
137‑055‑4500
Financial Institution Data Match — Reasonable Fee
137‑055‑4510
Financial Institution Data Matches – Insurance Claims
137‑055‑4520
Garnishment
137‑055‑4540
Passport Denial and Release
137‑055‑4560
Consumer Credit Reporting Agencies
137‑055‑4620
Enforcing Health Care Coverage and Cash Medical Support
137‑055‑4640
Medical Support Notice — Plan Selection
137‑055‑5025
Payment of Child Support to an Escrow Agent
137‑055‑5030
Receipting of Support Payments
137‑055‑5035
Payment by Electronic Funds Transfer
137‑055‑5040
Accrual and Due Dates
137‑055‑5045
Inconsistent Provisions: Body of Order and Support or Money Award
137‑055‑5060
Billings for Support Payments
137‑055‑5080
Adding Interest
137‑055‑5110
Child Attending School
137‑055‑5120
Child Attending School — Arrears
137‑055‑5220
Satisfaction of Support Awards
137‑055‑5240
Credit for Support Payments not made to the Department of Justice
137‑055‑5400
Obligor Receiving Cash Assistance, Presumed Unable to Pay Child Support
137‑055‑5510
Request for Credit Against Child Support Arrears for Physical Custody of Child
137‑055‑5520
Request for Credit Against Child Support Arrears for Social Security or Veterans’ Benefits Paid Retroactively on Behalf of a Child
137‑055‑6010
Definitions for Distribution and Disbursement
137‑055‑6020
Disbursement by Electronic Funds Transfer/Electronic Data Interchange
137‑055‑6021
Allocation, Distribution, and Disbursement: General Provisions
137‑055‑6022
Distribution and Disbursement
137‑055‑6023
Exceptions to Allocation, Distribution, and Disbursement
137‑055‑6024
Allocation of Collections to Multiple Cases
137‑055‑6026
Payment Holds
137‑055‑6040
Right to Hearing to Contest Amount of Assigned Support
137‑055‑6120
Satisfaction of Arrears for Less Than Full Payment
137‑055‑6200
Adjusting Case Arrears When an Error is Identified
137‑055‑6210
Advance Payments of Child Support
137‑055‑6220
Recovery of Overpayments and Collection of Receivable Accounts
137‑055‑6240
Dishonored Payments on Support Accounts
137‑055‑6260
Return of Payments to Obligor or Other Jurisdiction
137‑055‑6280
Refund of Improper Tax Refund Collection
137‑055‑7040
Central Registry
137‑055‑7060
Initiating Jurisdiction Responsibilities – General Provisions
137‑055‑7100
Interstate Income Withholding
137‑055‑7120
Responding Jurisdiction Responsibilities – General Provisions
137‑055‑7140
Oregon as Responding Jurisdiction – Establishing Paternity
137‑055‑7180
Determining Controlling Order
137‑055‑7190
Review and Modification In Intergovernmental Cases
Last Updated

Jun. 8, 2021

Rule 137-055-3020’s source at or​.us