R527-394-2. Criteria

(1) For ORS to petition the court to require the obligor to post bond or security for payment of a support debt there must be: (a) no payment for the 90 day period prior to the time of petitioning the court; and (b) a determination by ORS that such an action is appropriate. (2) ORS will determine whether an action is appropriate by considering the following criteria: (a) the obligor has the ability to pay but has failed or refused to pay; (b) the obligor has the ability to provide bond or security and to pay court ordered child support; (c) income withholding is not a viable method of collecting the support obligation; and (d) the circumstances of the case include one of the following conditions: (i) the obligor is self-employed, voluntarily unemployed or underemployed, or receives income-in-kind; (ii) the obligor realizes income from seasonal or other irregular employment or from commissions; or (iii) there is reason to believe that the obligor is preparing to leave the state.