Current through Register Vol. 63, No. 9, September 1, 2024
(1) OARs
137-055-4060 to 137-055-4080 provide for collection of support by means of
income withholding, in accordance with ORS
25.372 to ORS
25.427 and all other applicable
Oregon law, on all support cases being enforced by the administrator.
(2) For purposes of OARs 137-055-4060 to
137-055-4080 and as used in ORS
25.372 to ORS
25.427, the following
definitions apply:
(a) "Alternative payment
method" means the methods of paying support described in OAR
137-055-4080;
(b) "Best interests
of the child" means the method of payment likely to produce consistent support
that will reach the child(ren) in the most expedited manner.
(c) "Disposable income" means the part of an
individual's income that remains after the deduction of any amounts required to
be withheld by law, except as provided in paragraphs (B) or (C) of this
subsection.
(A) Amounts required to be
withheld by law include, but are not limited to, required withholding for taxes
and Social Security;
(B) Any
amounts withheld for the following will not be deducted from the obligor's
income when computing disposable income, even if such withholding is required
by law or by judicial or administrative order:
(i) Health insurance premiums;
(ii) Spousal or child support.
(C) An obligor may claim offsets
against gross receipts for ordinary and necessary business expenses and taxes
directly related to the income withheld. The obligor has the burden of proving
such claims and must therefore furnish verifiable business records or documents
to support any offsets claimed. The obligor also has the burden of furnishing
such records or documents in a timely manner, and the Oregon Child Support
Program will not refund to the obligor, on the basis of such claims, any
amounts withheld that the administrator has already disbursed to the obligee or
to any child attending school under ORS
107.108 and OAR
137-055-5110;
(d)
"Electronic Funds Transfer" (EFT) has the definition given in OAR 137-055-5035 and includes but is not limited to payment by Electronic Payment Withdrawal
(EPW) and by debit or credit system or card.
(e) "Electronic Payment Withdrawal" (EPW)
means an automatic withdrawal of support from the person's bank
account.
(f) "Good cause" for not
withholding means a situation that exists when:
(A) A court or the administrator makes a
written determination that, and a written explanation in the official record of
why, immediate income withholding would not be in the best interests of the
child; and
(B) If the case involves
the modification of an existing support order, there is proof of timely payment
of previously ordered support and there are no arrears. Timely payment is
indicated when the obligor has not previously become subject to initiated
income withholding under the existing order.
(g) "Paid Leave Oregon" means family,
medical, and safe leave insurance benefits as provided in ORS chapter 657B. For
the purposes of child support income withholding orders, the following apply:
(A) Support will be withheld pursuant to ORS
25.414;
(B) Support will be withheld only from family
and medical paid leave benefits.
(h) Periodic recurring income as used in
calculating withholding from a lump sum payment or benefit pursuant to ORS
25.414(4),
means income that is intended as a monthly or more frequent payment that
includes, but is not limited to, a teachers lump sum payment for summer
months.
(3) All support
orders issued or modified by the administrator will include a provision
requiring the parties to keep the administrator informed of:
(a) The name and address of the party's
current employer;
(b) Whether or
not the party has access to appropriate health care coverage, and if so, the
health care coverage policy information.
(4) For purposes of support enforcement, any
support payment that becomes due and payable on a day other than the first day
of the month in which the payment is due shall be enforceable by income
withholding as of the first day of that month.
(5) Notwithstanding any other provision of
this rule, if the administrator determines that Supplemental Security Income
(SSI) or a combination of SSI and either Social Security Disability Insurance
(SSDI) or Social Security Retirement (SSR) benefits has been incorrectly
withheld from the obligor through an income withholding order, and the
administrator is in possession of the funds, the administrator must return the
funds to the obligor.
Statutes/Other Implemented: ORS
25.166,
25.372,
25.427,
656.234,
657.780,
657.855 & ORS chapter
657B
