2013 ORS § 25.405¹
Contesting order to withhold
  • basis

(1) An obligor contesting an order to withhold issued under ORS 25.378 (Payment of support by income withholding) must do so within 30 days from the date income is first withheld pursuant to the order to withhold. The obligor may not contest an order to withhold issued under ORS 25.378 (Payment of support by income withholding) (5).

(2) The only basis for contesting the order to withhold is a mistake of fact. Mistake of fact means an error in the amount of current support or arrearages, or an error in the identity of the obligor. Payment of all arrearages shall not be the sole basis for not implementing withholding.

(3) If the order to withhold was issued by a court of this state, the obligor must contest the order to withhold in the court that issued the order.

(4) If the order to withhold was issued by a court or administrative agency of another state and was received directly by an employer in this state under ORS 110.394 (Employers receipt of income-withholding order of another state), the obligor may contest the order to withhold by:

(a) Seeking relief from enforcement of the order in the appropriate tribunal of the state that issued the order;

(b) Contesting the validity and enforcement of the order under ORS 110.401 (Contest by obligor); or

(c) Registering the underlying withholding order in Oregon in the manner provided by ORS 110.405 (Registration of order for enforcement) and seeking relief from enforcement of the order as provided in ORS 110.417 (Procedure to contest validity or enforcement of registered order) and 110.420 (Contest of registration or enforcement).

(5) If the order to withhold was issued pursuant to a request for enforcement under ORS 25.080 (Entity primarily responsible for support enforcement services), the obligor may contest the order to withhold to the district attorney or the Division of Child Support. The district attorney or the Division of Child Support need not provide an opportunity for a contested case administrative hearing under ORS chapter 183 or a hearing in circuit court. Within 45 days after the date income is first withheld pursuant to the order to withhold, the district attorney or the Division of Child Support shall determine, based on an evaluation of the facts, if the withholding shall continue and notify the obligor of the determination and of the obligors right to appeal the determination.

(6) Any appeal of the decision of the district attorney or the Division of Child Support made under subsection (5) of this section is to the circuit court for a hearing under ORS 183.484 (Jurisdiction for review of orders other than contested cases).

(7) The initiation of proceedings to contest an order to withhold under subsection (4) of this section, a motion or request to contest an order to withhold or an appeal of the decision of the district attorney or the Division of Child Support made under subsection (5) of this section does not act to stay withholding unless otherwise ordered by a court. [Formerly 25.316; 2009 c.80 §2; 2011 c.318 §11]