25.241 Suspension of enforcement or holdback of moneys received during pendency of certain actions; rules
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25.241 Suspension of enforcement or holdback of moneys received during pendency of certain actions; rules.
(1)Subject to subsection
(2)of this section, when an action is pending to modify, terminate, satisfy, vacate or set aside a support order, the administrator may:
(a)Suspend enforcement of the support order; or
(b)Hold some or all moneys received from, or received on behalf of, an obligor under a support order for possible refund, reallocation or redistribution upon resolution of the pending action.
(2)The Department of Justice may suspend enforcement of a support order or hold moneys received from, or received on behalf of, an obligor under a support order as described in subsection
(1)of this section if the administrator determines that:
(a)Collection of child support will impair the ability of the obligor with physical custody of all of the parties’ children to provide direct support to the children; or
(b)Resolution of the pending action will result in:
(A)A payee receiving more moneys than are due to the payee; or
(B)An adjustment that may cause an overpayment in favor of the state under ORS 25.125 (2).
(3)The administrator shall notify the parties when it suspends enforcement of a support order or holds moneys received under a support order under subsection
(1)of this section.
(4)Any party may request an administrative review of the administrator’s actions under subsections
(1)and
(2)of this section by submitting a written request for administrative review to the department. No later than 30 days following the receipt of a written request for administrative review, the department shall conduct an administrative review to determine if the department will resume enforcement of the support order or release moneys received under the support order to a party. A party may appeal the administrator’s decision under ORS 183.484.
(5)The department shall adopt rules to carry out the provisions of this section. [2019 c.290 §2]
Note: 25.241 was added to and made a part of ORS chapter 25 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.