R527-254-4. Limitation on Collection of Arrears

  (1) ORS/CSS will enforce tribunal-ordered current support commencing with the month that one of the following occurs:

  (a) ORS receives an Application for Child Support Services containing sufficient information to open a IV-D services case;

  (b) A parent or guardian begins receiving IV-A cash assistance or Medicaid benefits for a child in his or her care; or,

  (c) An intergovernmental transmittal is received requesting enforcement services on behalf of an intergovernmental agency.

  (2) ORS/CSS will enforce arrears which accrue while there is an open IV-D services case. Enforcement of accrued arrears will continue until the IV-D services case is closed in accordance with federal regulations found in 45 CFR 303.11 or closed at the request of the applicant for child support services. When the IV-D services case is closed, ORS/CSS will remove any remaining debt balances from ORSIS.

  (3) ORS/CSS will enforce support arrears that are determined by a judicial court in the following circumstances:

  (a) If a determination of arrears is issued while there is an open IV-D services case and submitted to ORS/CSS for enforcement on the existing case;

  (b) If a determination of arrears is issued within one year (365 days) prior to the date the ORS/CSS office receives an Application for Child Support Services which contains sufficient information to open a IV-D services case, ORS will enforce the arrears balance remaining due as reported by the applicant for services.

  (c) If a determination of arrears is issued during a time period when there is not an open IV-D case with ORS/CSS and more than one year (more than 365 days) has elapsed prior to the application timeframe described above, ORS/CSS will not enforce on any remaining balance of those arrears. The amount remaining due on those arrearages must be adjudicated and determined before ORS/CSS will begin enforcement actions.