ORS 25.414
Standard amount to be withheld

  • processing fee
  • rules

(1)

The withholder shall withhold from the obligor’s disposable monthly income, other than workers’ compensation under ORS chapter 656 or unemployment compensation under ORS chapter 657, the amount stated in the order to withhold. The entity issuing the order to withhold shall compute this amount subject to the following:

(a)

If withholding is for current support only, the amount to be withheld is the amount specified as current support in the support order.

(b)

If withholding is for current support and there is an arrearage, the amount to be withheld is 120 percent of the amount specified as current support in the support order.

(c)

If withholding is only for arrearage, the amount to be withheld is one of the following:

(A)

The amount of the last ordered monthly support.

(B)

If there is no last ordered monthly support amount, the monthly support amount used to calculate the arrearage amount specified in the order or judgment for arrearage.

(C)

If there is no last ordered monthly support amount and if there was no monthly support amount, an amount calculated under the formula established under ORS 25.275 (Formula for determining child support awards). For purposes of this subparagraph, this calculation shall be based on the obligor’s current monthly gross income or, if the obligor’s current monthly gross income is not known, the Oregon hourly minimum wage converted to a monthly amount based upon a 40-hour workweek, zero income for the obligee, and one joint child, regardless of how many children the parties may actually have. No rebuttals to this calculation may be allowed.

(d)

Notwithstanding the amount determined to be withheld under paragraph (c) of this subsection, the obligor must retain disposable monthly income of at least 160 times the applicable federal minimum hourly wage prescribed by section 6 (a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) or any future minimum hourly wages prescribed in that section, if the order to withhold is issued for:

(A)

Disability benefits payments from the United States Social Security Administration;

(B)

Black lung benefits payments from the United States Department of Labor; or

(C)

Disability benefits payments from the United States Department of Veterans Affairs.

(2)

The amount to be withheld from unemployment compensation under ORS chapter 657 is calculated as follows:

(a)

If withholding is for a current support order, regardless of the existence of arrearage, the amount to be withheld is the lesser of:

(A)

Twenty-five percent of the benefits paid; or

(B)

The current monthly support obligation. The entity issuing the order to withhold may convert the monthly support obligation amount to a percentage to be withheld from each benefits payment.

(b)

If withholding is for arrearage only, the amount to be withheld is the lesser of:

(A)

Fifteen percent of the benefits paid; or

(B)

The amount of the last ordered monthly support obligation. The entity issuing the order to withhold may convert the last ordered monthly support obligation amount to a percentage to be withheld from each benefits payment.

(c)

The withholder may not charge or collect a processing fee when withholding from unemployment compensation.

(3)

The amount to be withheld from workers’ compensation under ORS chapter 656 is set forth in ORS 656.234 (Compensation not assignable nor to pass by operation of law).

(4)

Notwithstanding any other provision of this section, when withholding is from a lump sum payment or benefit, including but not limited to retroactive workers’ compensation benefits, lump sum retirement plan disbursements or withdrawals, insurance payments or settlements, severance pay, bonus payments or any other similar payments or benefits that are not periodic recurring income, the amount subject to withholding for payment of a support obligation may not exceed one-half of the amount of the lump sum payment or benefit.

(5)

Intentionally left blank —Ed.

(a)

Notwithstanding any other provision of this section, when the withholding is only for arrearage, the administrator shall set a lesser amount to be withheld if the obligor demonstrates the withholding is prejudicial to the obligor’s ability to provide for a child the obligor has a duty to support or the obligor’s ability to provide for the obligor’s basic needs. The factors to be considered by the administrator in determining whether the obligor can provide for the obligor’s basic needs include but are not limited to:

(A)

The health expenses of the obligor;

(B)

A verified disability affecting the obligor’s ability to work;

(C)

Whether the obligor’s income remaining after withholding would be less than the self-support reserve established by rule of the Department of Justice under paragraph (c) of this subsection;

(D)

The available resources of the obligor; and

(E)

The number and basic needs of other persons in the obligor’s household.

(b)

The administrator shall establish a procedure to give advance and periodic notice to the obligor of the provisions of paragraph (a) of this subsection and of the means to reduce the amount stated in the order to withhold.

(c)

The Department of Justice shall adopt rules to implement this subsection.

(6)

Except as provided in subsection (2) of this section, the withholder may deduct from the obligor’s disposable income a monthly processing fee not to exceed $5. The processing fee is in addition to the amount calculated to be withheld for support, unless the amount to be withheld for support is the maximum allowed under subsection (8) of this section, in which case the fee is deducted from the amount withheld as support.

(7)

If there are multiple withholding orders against the same obligor, the amount to be withheld is the sum of each support order calculated independently.

(8)

No withholding as calculated under this section, including the processing fee permitted in subsection (6) of this section, shall exceed 50 percent of the obligor’s net disposable income. The limit established in this subsection applies whenever withholding is implemented under this section, whether by a single order or by multiple orders against the same obligor.

(9)

When the obligor’s income is not sufficient for the withholder to fully comply with each withholding order, the withholder shall withhold the maximum amount allowed under this section. If all withholding orders for a particular obligor are payable to or through the department, the withholder shall pay to the department the income withheld and the department shall determine priorities for allocating income withheld to multiple child support cases relative to that obligor. If one or more of the withholding orders for a particular obligor require payment other than to or through the department, the withholder shall use the following to determine priorities for withholding and allocating income withheld to multiple child support cases:

(a)

If the amount withheld from the obligor’s income is sufficient to pay the current support due to each case but is not enough to fully comply with the withholding order for each case where past due support is owed, the withholder shall:

(A)

Pay to each case the amount of support due for the current month; and

(B)

Pay the remainder of the amount withheld in equal amounts to each case where past due support is owed. However, no case shall receive more than the total amount of current support and past due support owed to that case at the time the payment is made.

(b)

If the amount withheld is not sufficient to pay the current support due to each case, each case shall be paid a proportionate share of the amount withheld. The withholder shall determine this for each case by dividing the monthly amount ordered as current support for that case by the combined monthly amount ordered as current support for all cases relative to the same obligor, and multiplying this percentage by the total amount withheld.

(10)

An order to withhold income is not subject to the limitations of ORS 18.385 (Wage exemption).

(11)

A withholder shall withhold funds as directed in the order to withhold, except that when a withholder receives an income-withholding order issued by another state, the withholder shall apply the income-withholding law of the state of the obligor’s principal place of employment in determining:

(a)

The withholder’s fee for processing an income-withholding order;

(b)

The maximum amount permitted to be withheld from the obligor’s income;

(c)

The time periods within which the withholder must implement the income-withholding order and forward the child support payment;

(d)

The priorities for withholding and allocating income withheld for multiple child support obligees; and

(e)

Any withholding terms or conditions not specified in the order. [Formerly 25.351; 2001 c.455 §10; 2003 c.73 §33; 2003 c.572 §9; 2011 c.317 §1]

Source: Section 25.414 — Standard amount to be withheld; processing fee; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors025.­html.

Notes of Decisions

Where debtor has two wage sources and one source withholds maximum amount for payment of current child support and arrearage, wages from nonwithholding source are subject to garnishment under ORS 18.635 for collection of remaining arrearage. Morrow and Morrow, 191 Or App 354, 82 P3d 647 (2004)

25.010
Definitions for support enforcement laws
25.011
“Address” defined
25.015
When payment on support order begins
25.020
When support payment to be made to Department of Justice
25.025
Annual notice to parties receiving services under ORS 25.020
25.030
When payment payable to bank account or escrow agent
25.070
Order may include payment of support enforcement fees
25.075
Cooperative agreements with Indian tribes or tribal organizations
25.080
Entity primarily responsible for support enforcement services
25.081
Access to records with Social Security number
25.082
Administrative subpoenas
25.083
High-volume automated administrative enforcement services
25.084
Assignment of rights or written application required for services
25.085
Service on obligee
25.088
Effect of dismissal of judicial proceeding on existing administrative order of support
25.089
Enforcement and modification of child support judgments
25.091
Multiple child support judgments
25.095
Later-issued child support judgment
25.100
Designation of auxiliary court in county where party resides or property located
25.110
Jurisdiction of designated auxiliary court
25.125
Disposition of support obligation overpayments
25.130
Election of alternative support payment method
25.140
Copies of new or modified support orders to department
25.150
Department to collect fees for services
25.160
Referral of support cases to department
25.164
Payment of support through Department of Justice
25.165
Application of support payments
25.166
Support payment due dates
25.167
Procedure for determining arrearages
25.170
Proceedings to require delinquent obligor to appear for examination of financial circumstances
25.180
Examination of obligor’s financial circumstances
25.190
Continuance of proceedings
25.200
Arrest of obligor for failure to appear
25.210
Use of obligor’s property for delinquent support payments
25.213
Assignment of proceeds of insurance policy to secure support obligation
25.220
Computer records of administrator
25.230
Court authorized to require security for support payments
25.240
Order to pay support by parent with legal custody of minor
25.241
Suspension of enforcement or holdback of moneys received during pendency of certain actions
25.243
Grievance procedure
25.245
Rebuttable presumption of inability to pay child support when parent receiving certain assistance payments
25.247
Rebuttable presumption of inability to pay child support when obligor incarcerated
25.260
Confidentiality of records
25.265
Access to information in Federal Parent Locator Service
25.270
Legislative findings
25.275
Formula for determining child support awards
25.280
Formula amount presumed correct
25.287
Proceedings to modify orders to comply with formula
25.290
Determining disposable income of obligor
25.321
Definitions for ORS 25.321 to 25.343
25.323
Medical support
25.325
Enforcing medical support
25.327
Service of medical support notice
25.329
Actions required after service of medical support notice
25.331
Obligation to withhold
25.333
Contesting medical support notice
25.335
Termination of support order
25.337
Liability
25.339
Priority of medical support notice
25.341
Notice of termination of employer’s relationship with providing party
25.342
Rules
25.343
Authorization for reimbursement payments
25.372
Applicability
25.375
Priority of withholding
25.378
Payment of support by income withholding
25.381
Establishing income withholding as method of paying support
25.384
Statement on withholding in support order
25.387
Withholding more than amount authorized by law
25.390
Amendment of support order not required for withholding
25.393
Remedy additional to other remedies
25.396
Exception to withholding
25.399
Notice of order to withhold
25.402
Service of order on withholder
25.405
Contesting order to withhold
25.408
Withholding is continuing obligation
25.411
When withholding begins
25.414
Standard amount to be withheld
25.417
Amount to be withheld when obligor paid more frequently than monthly
25.421
Procedure if withholder does not withhold support
25.424
Liability of withholder
25.427
Rules
25.501
Definitions for ORS 25.501 to 25.556
25.502
Policy
25.503
Parties to support proceedings
25.505
Authority of administrator and administrative law judge
25.507
Tribunals for establishment of paternity or for child support order
25.511
Notice and finding of financial responsibility
25.513
Hearings procedure
25.515
Past support
25.517
When order of support contingent on child residing in state financed or supported residence
25.525
Modification of order based on change in physical custody
25.527
Motions to modify financial responsibility orders
25.529
Filing order with court
25.531
Multiple child support judgments
25.533
Relief from compliance with order
25.540
Notice of intent to establish and enforce arrearages
25.542
Preventing transfer of assets to evade compliance with order
25.550
Establishing paternity of child
25.552
Certification of paternity issue to circuit or juvenile court
25.554
Reopening issue of paternity
25.556
Expeditious court hearings
25.575
Definitions for ORS 25.575 to 25.577
25.576
Order for support of adjudicated youth or other offender
25.577
Youth authority may enter into agreements for support enforcement services
25.610
Procedure to collect support orders from state tax refunds
25.620
Procedures to collect past due support from state tax refunds
25.625
Federal tax offset
25.640
Definitions for ORS 25.643 and 25.646
25.643
Disclosure of information on obligors by financial institutions
25.646
Disclosure of financial records of customers by financial institutions
25.650
Information on past due support to consumer reporting agencies
25.670
Judgment lien on personal property
25.680
Effect of lien
25.690
Foreclosure of lien
25.710
Duty of district attorney
25.715
Child support paid from security deposit
25.720
When support assignable
25.725
Child Support Deposit Fund
25.727
Garnishing income of person required to provide health insurance for child eligible under Medicaid
25.729
Application of laws to effectuate purposes of ORS chapter 110
25.750
Suspension of licenses, certificates, permits and registrations
25.752
Memberships in professional organizations that are required by state law
25.756
Identifying persons holding licenses, certificates, permits and registrations
25.759
Notice to persons subject to suspension
25.762
Agreement between obligor and administrator
25.765
Procedure if obligor contacts administrator within time limits
25.768
Judicial review of order
25.771
Obligor holding more than one license, certificate, permit or registration
25.774
Reinstatement
25.777
Reimbursing issuing entities for costs incurred
25.780
Other licenses, certificates, permits and registrations subject to suspension
25.783
Confidentiality of information
25.785
Issuing entities to require Social Security number
25.790
Hiring or rehiring individual
25.792
Confidentiality
25.793
Disclosure of employer-reported information
25.794
Verification of employment
25.990
Penalties
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