THE CHILD SUPPORT PROGRAM IN OREGON

Transcription

1 THE CHILD SUPPORT PROGRAM IN OREGON Published by: DEPARTMENT OF HUMAN SERVICES Adult & Family Services Division, Child Support Program Revised February 2001

2 PRIVACY ACT NOTICE You are required to provide your social security number to the Child Support Program. This is mandatory under federal law [ 42 USC Section 405(c)(2)(C)]. Your social security number will be used by the Child Support Program to identify and locate you for purposes of establishing paternity and establishing, modifying and enforcing support obligations. You will be asked for your social security number when you call the Child Support Program so that we can identify your case. We may also ask for your social security number on forms that you may need to complete in order for the Child Support Program to help you. If you need this document in large print, Braille, audio tape, computer diskette or oral presentation, please call your caseworker or call the AFS Forms Unit at (503) (Collect calls accepted). If you know someone who needs this in one of these alternate formats, please let him or her know it is available. Discrimination shall not occur against anyone in any part of Adult and Family Services Division (AFS) programs. Benefit decisions, hearings, or any program service shall occur without discrimination. This means without regard to age, race, color, sex, religion, national origin, political belief or disability. You can file a complaint if you think discrimination occurred against you in any AFS programs. You can find updated information on the Internet site at: Click on Child Support PUBLISHED BY: DEPARTMENT OF HUMAN SERVICES Adult and Families Services Division, Child Support Program

3 Oregon s Child Support Program This booklet tells you briefly about Oregon s Child Support Program. It tells you what the Program s services are, who provides the services, who is entitled to services, and how you can get the services. This booklet is designed to get you started. It is not meant to give you all the answers. If you have more questions, you can contact the Child Support Program. The addresses and phone numbers of Child Support Program offices are listed at the end of this booklet. What is the Child Support Program? Federal law requires each state to have a child support program. In Oregon, the Department of Human Services, Adult and Family Services Division (AFS) oversees the program. It is the goal of the Child Support Program to help ensure that each child in Oregon receives this support. How Do I Get Services? If your child receives public assistance, your child support case will be referred to the Division of Child Support (DCS) automatically. This will also happen if your child is in the custody of the Office of Services for Children and Families or the Oregon Youth Authority. DCS is part of the Oregon Department of Justice If your child does not receive public assistance, you can apply to the district attorney in the county in which you live. (To find out where to call, see the list of district attorneys in the back of this booklet.) You will be asked to complete an application and charged a onetime $1 fee for this service. The fee will be deducted from the first money we collect. Who provides Services? DCS provides the billing and accounting services. If you are calling from Oregon there is a 24-hour toll-free number (listed on back cover) to help answer questions about payments. 1

4 If you receive public assistance in Oregon or received it in the past, DCS will provide child support services. Public assistance means Temporary Assistance to Needy Families (TANF) or Medicaid (including Oregon Health Plan Services). DCS also provides services if your child is in the care of the Office of Services for Children and Families (SCF) or the Oregon Youth Authority (OYA). If you have not received public assistance, you can receive child support services from the district attorney in the county where you live. In a few counties, DCS provides services for the district attorney. Also, a request for a review and modification of your order may be assigned to the county where the original order was taken, or to the county where the other parent lives. You should check with your local district attorney for more information. If DCS handles your case, contact them if you have questions regarding modification of your order. Who is Entitled to Child Support Services? Child Support services are available to both custodial and noncustodial parents. Even if you or the other parent live in another state, you can apply for services in Oregon. Relatives or other caretakers who have physical custody of a child are also entitled to child support services. When should I apply for Child Support Services? Every child has the right to have the support of both parents. The Child Support Program may be able to help if you are having problems: Establishing who the legal father of a child is Finding the noncustodial parent Getting a child support order established Changing an existing support order Getting medical coverage for a child Determining the amount of past due child support 2

5 Collecting child support payments Collecting spousal support payments when spousal support is part of a child support order What Services Does the Child Support Program Provide? Accounting The Division of Child Support: Sends monthly billing statements to persons who owe support, Keeps the record of payments received and amounts due on your child support account. Distributes payments received from persons who owe support Locating the Parent The Child Support Program has specialized staff to help locate the noncustodial parent. They can even help locate a noncustodial parent living in another state or country. It is very important that you give as much information as you can to the Child Support Program. Information such as the parent s social security number (which will be used for child support purposes only), birth date or age, last-known address or location, and employer (current or last-known) are all helpful in locating the noncustodial parent. Establishing Paternity This means we can help establish the legal father of a child. Sometimes the alleged father admits paternity right away. If either the mother or the alleged father denies a certain man is the father, parentage tests can be ordered. Often the alleged parent admits paternity when the parentage tests show he is the likely father. Occasionally, the case must be settled in court. We can also assist a man who wants to be declared the legal father of the child but needs help to establish paternity. Establishing a Support Order If there is no order for payment of child support and medical coverage, we will try to obtain one. Using information from both parents, we use a formula called the child support guidelines to determine the child support amount. We then notify both parents of this amount. If the noncustodial parent ignores 3

6 the notice ( defaults ), we will establish an order to pay the amount we asked for in the notice. If either parent responds to the notice but doesn t agree with the amount, a hearing will be held. The child support amount will be determined at the hearing. If either party disagrees, they may appeal to circuit court. Out-of-State Orders Even if you live in Oregon and the other parent lives in another state, we can work with the other state to help establish paternity or get support. It is important to tell your child support caseworker if you have a support order entered in another state or country. Modifying a Support Order We will review the support order, but not more than once every two years. The caseworker reviews the case to see if the amount is what it should be according to the guidelines and if the noncustodial parent has medical coverage for the children. We can change (modify) the order if the amount is not what the child support guidelines show. This modification may result in either an increase or decrease in the support amount. If the order is less than two years old (or has been reviewed less than two years ago) and there has been a substantial change of circumstances, a party can ask us to review the order to see if it should be modified. Examples would be if the child moves from the custody of one parent to the other, or if there is a significant change in either parent s income. Enforcing Support The Child Support Program uses many tools to enforce child support and medical coverage: We send monthly billing statements to the noncustodial parent, showing the current amount due and any past-due amounts. 4

7 Income Withholding This is a legal action by which money is taken directly from the wages, salary, or other income of the person who owes support. Income withholding is required for all new or modified support orders even if there is no past due support. We are also able to collect from unemployment compensation, workers compensation, and other types of income. If we are not collecting current and past-due (if any) support by income withholding: We can withhold federal and state tax refunds to collect past-due support. If the person owns property in Oregon, we can place a lien against the property. This means the property cannot be sold with clear title until the support has been paid. Sometimes bank accounts or other sources of funds can be attached to pay child support by issuing a garnishment. We garnish lottery winnings, and we can attach insurance settlements or inheritances if we know about these funds ahead of time. The law allows the suspension of drivers licenses and occupational licenses for failure to make and keep a payment agreement if the parent owes at least $2,500 or three months in back support and we are unable to collect using other methods. The names of persons who are delinquent in their child support obligation are sent to consumer reporting agencies. Doing this sometimes causes parents to pay the amount owed to avoid damaging their credit record. A parent who becomes delinquent in their child support obligation is subject to contempt of court or even criminal nonsupport. This court action can result in a jail sentence. 5

8 What Services are NOT Provided? Legal Advice: Neither DCS nor the district attorney is your lawyer. They cannot give you legal advice. They represent the State of Oregon. Any person involved in a case handled by DCS or the district attorney may hire a lawyer at their own expense. In contempt of court and criminal nonsupport cases, the court will appoint a lawyer to represent the person charged if that person cannot afford a lawyer. Please tell the enforcing agency if you have a lawyer who represents you in any child support matter. DCS or the district attorney must talk with your lawyer unless your lawyer says they can talk with you. Spousal support is not enforced unless it was part of the original child support order. If spousal support is not part of the child support order but does include income withholding provisions, we can provide income withholding and accounting services. However, we cannot take other enforcement action to collect spousal support. Visitation & Legal Custody: Neither DCS nor the district attorney can advise you about visitation or custody matters. You can discuss these matters with a lawyer or take action in court. What is Expected of Me? If you are thinking of applying for public assistance, you may want to contact your local district attorney first. They may be able to help you get child support, which may help you avoid going on public assistance. If you receive public assistance, you are required to cooperate with the Child Support Program, unless you believe that to do so would cause harm to you or your child. However, there are several ways the Child Support Program can help keep you and your child safe and provide child support services. Ask your public assistance or child support caseworker for a client safety packet. Whether you receive public assistance or not, your cooperation with the enforcing agency is very necessary to the success of collecting support or establishing paternity. Any facts you have about the noncustodial parent are helpful in enforcing support. Although not required for application, you should 6

9 give as much of the following information as you can when you apply. This will help the caseworker locate the parent and enforce support: The full name and address (or last known location) of the noncustodial parent. The parent s social security number (this can be found on pay stubs, old tax forms, health insurance forms, bank records or other financial records and drivers licenses issued by some states). The social security number will be used for Child Support Program purposes only. The parent s birth date (or approximate age). Where the parent works (or last worked). The county and state where the divorce occurred (if there was one) and a copy of the order, or the county and state where there is any other support order. The child(ren) s birth certificate & social security number. Information on any assets such as bank accounts, vehicles, or land the noncustodial parent might have. What if I Have a Grievance? Parties in child support cases are entitled to fair, professional, courteous and accurate service from offices of the Oregon Child Support Program. If you have a complaint that you have not received this level of service from an Oregon Child Support Office, please contact a supervisor in that office. If talking to a supervisor does not succeed in resolving the issue, you may file a grievance. You may obtain a form to file a grievance by calling: From the Salem area From a touch tone phone (800) (Toll-free in Oregon) From a rotary phone (800) (Toll-free in Oregon) TTY Number (503) From outside Oregon (503) This form will contain the instructions for filing the grievance, including the address where it should be sent. Your grievance will be screened and, if accepted, responded to within 90 days. For More Information, You can find more information on the internet regarding Oregon Child Support Program, at and then clicking on Child Support. 7

10 Oregon Child Support Program 2000 Department of Human Services Adult and Family Services Child Support Director s Office Policy & Oversight (ORS ) * Maintain State Plan * Conduit for federal funding * Administrative rules & program policy * Contracting Department of Justice District Attorneys Division of Child Support (Non public-assistance cases) (Current & former public-assistance cases, foster care, and juvenile care cases) * Paternity establishment * Order establishment * Paternity establishment * Locate services * Enforcement * Order establishment * Enforcement services * Review & modification * Review & modification * Interstate central registry * Child support guidelines rulemaking 8

11 COUNTY DISTRICT ATTORNEY OFFICES These offices establish paternity and establish, modify, and enforce child support orders for families who have never received public assistance. In some counties, where noted, the local Department of Justice Division of Child Support (DCS) office handles this function. Baker County Benton County Clackamas County Clatsop County rd St, #320 Benton County Courthouse Family Support Div Clatsop County Courthouse Baker City, OR NW 4th St. 3rd Fl. 812 Seventh St. PO Box 149 (541) Corvallis, OR Oregon City, OR Astoria, OR (541) (503) (503) Columbia County Coos County Crook County Curry County 328 County Courthouse Coos County Courthouse Crook County Courthouse PO Box 746 St. Helens, OR N. Baxter St. Prineville, OR Gold Beach, OR (503) Coquille, OR (541) (541) (541) Deschutes County Douglas County Gilliam County Grant County Family Support Div Douglas County Courthouse c/o Bend DCS 201 S Humbolt, Ste NW Harriman St. PO Box SW Emkay Dr, Ste A PO Box 189 Bend, OR Roseburg, OR Bend, OR Canyon City, OR (541) (541) (541) (541) Harney County Hood River County Jackson County Jefferson County 450 N Buena Vista c/o Bend DCS Jackson County Courthouse Jefferson County Courthouse Burns, OR SW Emkay Dr, Ste A 717 W 10th St 75 SE C St (541) Bend, OR Medford, OR Madras, OR (541) (541) (541) Josephine County Klamath County Lake County Lane County Family Support Div 305 Main St (mail) c/o Medford DCS Family Law Div 301 NW F St, Rm Pine St, 2nd Fl 39 N Central 675 Oak St, Ste 320 Grants Pass, OR Klamath Falls, OR Medford, OR Eugene, OR (541) (541) (541) (541) Lincoln County Linn County Malheur County Marion County 225 W Olive St, Rm 106 c/o Albany DCS Malheur County Courthouse Support Enforcement Div Newport, OR Second Ave SE, Ste B 251 B St. W, #6 PO Box (541) Albany, OR Vale, OR Salem, OR (541) (541) (503) Morrow County Multnomah County Polk County Sherman County PO Box 664 Support Enforcement Div Polk County Courthouse c/o Bend DCS Heppner, OR SW 5th Ave, # Main St 1001 SW Emkay Dr, Ste A (541) Portland, OR Dallas, OR Bend, OR (503) (503) (541) Tillamook County Umatilla county Union County Wallowa County 201 Laurel Ave 216 SE 4th 1007 Fourth St Wallowa County Courthouse Tillamook, OR Pendleton, OR LaGrande, OR S River, Rm 201 (503) (541) (541) Enterprise, OR (541) Wasco County Washington County Wheeler County Yamhill County Support Enforcement Child Support Enforcement c/o Bend DCS Family Support Division 511 Washington, Rm 304 Administration Bldg 1001 SW Emkay Dr, Ste A 535 E 5th St The Dalles, OR N First Ave Bend, OR McMinnville, OR (541) Hillsboro, OR (541) (503) (503)

12 DEPARTMENT OF JUSTICE - DCS BRANCH OFFICES DIVISION OF CHILD SUPPORT (DCS) OFFICES provide child support services for families who are receiving public assistance (cash or medical payments) or who have received assistance in the past. They also provide child support services if a child is in foster care or juvenile care. The following branch offices establish paternity and establish or modify support orders: EUGENE DCS ALBANY DCS BEND DCS McKenzie Center 118 Second Ave SE, Suite B 1001 SW Emkay Dr, Suite A 2885 Chad Dr. Albany, OR Bend, OR Eugene, OR (541) (541) (541) WEST EUGENE MEDFORD DCS Milwaukie DCS 2175 W. 7th Ave. 39 North Central Ave 4252 SE International Way Eugene, OR Medford, OR Milwaukie, OR (541) (541) (503) OREGON CITY DCS PENDLETON DCS PORTLAND DCS 315 Beavercreek Road 700 SE Emigrant, Suite SW Fifth, Suite 415 Oregon City, OR Pendleton, OR Portland, OR (503) (541) (503) ROSEBURG DCS SALEM DCS SOUTH SALEM DCS 723 SE Main 1495 Edgewater St. NW, Suite nd St. SE Roseburg, OR Salem, OR Salem, OR (541) (503) (503) SPRINGFIELD TIGARD DCS DCS ADMINISTRATION th St SW Cascade Blvd 1495 Edgewater St. NW, Ste 170 Springfield, OR Tigard, OR Salem, OR (541) (503) (503) CENTRAL OPERATIONS REGION OF DCS Locates noncustodial parents so a support order can be established and enforced. Handles cases where the noncustodial parent is in another state. Enforces action on DCS cases where a support order already exists Edgewater St NW, Suite 120 Salem, OR (503) Hour Telephone Payment Information From the Salem area: Toll-free in Oregon: 1 (800) touch tone phones 1 (800) rotary phones From outside Oregon: 1 (503) TTY: 1 (503) AFS 9051 (2/2001)