OAR 137-055-7180
Determining Controlling Order


(1)

The administrator will determine a single controlling order when:

(a)

Services are being provided under ORS 25.080 (Entity primarily responsible for support enforcement services) and two or more child support orders have been issued regarding the same obligor, child and obligee; or

(b)

A party or other jurisdiction requests a determination.

(2)

For purposes of this rule, any order modified or issued after October 20, 1994 (the effective date of the Full Faith and Credit for Child Support Orders Act, 28 USC 1738B), will be interpreted as a modification of all orders issued prior to October 20, 1994, unless:

(a)

The tribunal entering the order did not have jurisdiction to do so; or

(b)

A party alleges the tribunal lacked personal or subject matter jurisdiction.

(3)

When a request for a controlling order determination is received from another jurisdiction, the request is considered “filed with the appropriate tribunal” as required by 45 CFR 303.7(d)(5) when the administrator receives all documents necessary to perform the determination.

(4)

The administrator will determine the controlling order and issue an order setting out the determination. The order is an order in an other than contested case proceeding under ORS chapter 183. The order will be served upon the parties by certified mail, return receipt requested, or by any other mail service with delivery confirmation, at the last known address of the parties. The order must include:

(a)

The basis for personal jurisdiction over the parties;

(b)

The names of the parties and the child for whom support was ordered;

(c)

A statement of each child support order which was considered, the jurisdiction which issued the order and the date of the order;

(d)

A statement identifying the order the administrator determines is the controlling order and why;

(e)

A statement that the controlling order determination is effective the date the order is issued by the administrator;

(f)

The amount of prospective support, if any;

(g)

The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by ORS 110.537 (Credit for payments).

(h)

A reference to ORS 110.533 (Recognition of controlling child support order);

(i)

A notice that a party may submit further information and petition the administrator for reconsideration of the order within 60 days of the date of the order;

(j)

A notice that OAR 137-004-0080 (Reconsideration — Orders in Other than Contested Case) applies to any petition for reconsideration; and

(k)

A notice that a party may appeal the order as provided by ORS 183.484 (Jurisdiction for review of orders other than contested cases).

(5)

If the administrator determines that no tribunal has continuing, exclusive jurisdiction under ORS chapter 110, the administrator will notify the parties and establish a new child support order.

(6)

For the purposes of determining the Oregon county in which the administrator may enter the order determining the controlling order, the following provisions apply:

(a)

If one or more Oregon court files exist for the same obligor and child, the order will be entered in each existing court file;

(b)

If an Oregon court file does not exist, the administrator will enter the documents required by ORS 25.529 (Filing order with court) in the circuit court in the county where the party who lives in Oregon resides.

(7)

Within 30 days after the determination of controlling order is issued, the administrator will certify copies of the order determining the controlling order and file one with each tribunal that issued or registered an earlier order of child support.

(8)

Upon written receipt of an order determining the controlling order that a tribunal of this or another jurisdiction properly issued, the administrator will:

(a)

Adjust the Oregon case record to cease prospective accrual on any non-controlling order and initiate accrual on any controlling order which was issued or registered by an Oregon tribunal on the date specified in the order determining controlling order or, when not specified, in accordance with OAR 137-055-5040 (Accrual and Due Dates); and

(b)

When one of the non-controlling orders was issued by an Oregon tribunal, ensure that the order determining the controlling order is entered in the Oregon circuit court for the county which issued or entered the prior order.

Source: Rule 137-055-7180 — Determining Controlling Order, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-7180.

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 137-055-7180’s source at or​.us