reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.275 - Formula for determining child support awards; criteria to be considered; mandated standards; reduction; rules.

(1) The Division of Child Support of the Department of Justice shall establish by rule a formula for determining child support awards in any judicial or administrative proceeding. In establishing the formula, the division shall take into consideration the following criteria:
(a) All earnings, income and resources of each parent, including real and personal property;
(b) The earnings history and potential of each parent;
(c) The reasonable necessities of each parent;
(d) The ability of each parent to borrow;
(e) The educational, physical and emotional needs of the child for whom the support is sought;
(f) The amount of assistance that would be paid to the child under the full standard of need of the state’s IV-A plan;
(g) Preexisting support orders and current dependents; and
(h) Other reasonable criteria that the division may find to be appropriate.
(2) The formula described in subsection (1) of this section must also comply with the following standards:
(a) The child is entitled to benefit from the income of both parents to the same extent that the child would have benefited had the family unit remained intact or if there had been an intact family unit consisting of both parents and the child.
(b) Both parents should share in the costs of supporting the child in the same proportion as each parent’s income bears to the combined income of both parents.
(3) The formula described in subsection (1) of this section must be designed to ensure, as a minimum, that the child for whom support is sought benefits from the income and resources of the absent parent on an equitable basis in comparison with any other minor children of the absent parent.
(4) The child support obligation to be paid by the obligor and determined under the formula described in subsection (1) of this section:
(a) May be reduced or increased in consideration of medical support, as provided in ORS 25.321 to 25.343.
(b) May be reduced dollar for dollar in consideration of any Social Security or apportioned Veterans’ benefits paid to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of the obligor’s disability or retirement.
(c) Shall be reduced dollar for dollar in consideration of any Survivors’ and Dependents’ Educational Assistance under 38 U.S.C. chapter 35 paid to the child, or to a representative payee administering the funds for the child’s use and benefit, as a result of the obligor’s disability or retirement. [1989 c.811 §3; 1993 c.800 §2; 1999 c.1030 §1; 2003 c.73 §26a; 2003 c.75 §75; 2003 c.572 §6; 2003 c.637 §15; 2009 c.351 §7]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.280 - Formula amount presumed correct; rebuttal of presumption; criteria.

In any judicial or administrative proceeding for the establishment or modification of a child support obligation under ORS chapter 107, 108, 109 or 110 or ORS 25.501 to 25.556, 419B.400, 419B.923 or 419C.610, the amount of support determined by the formula established under ORS 25.275 is presumed to be the correct amount of the obligation. This is a rebuttable presumption and a written finding or a specific finding on the record that the application of the formula would be unjust or inappropriate in a particular case is sufficient to rebut the presumption. The following criteria shall be considered in making the finding:
(1) Evidence of the other available resources of a parent;
(2) The reasonable necessities of a parent;
(3) The net income of a parent remaining after withholdings required by law or as a condition of employment;
(4) A parent’s ability to borrow;
(5) The number and needs of other dependents of a parent;
(6) The special hardships of a parent including, but not limited to, any medical circumstances of a parent affecting the parent’s ability to pay child support;
(7) The needs of the child;
(8) The desirability of the custodial parent remaining in the home as a full-time parent and homemaker;
(9) The tax consequences, if any, to both parents resulting from spousal support awarded and determination of which parent will name the child as a dependent; and
(10) The financial advantage afforded a parent’s household by the income of a spouse or another person with whom the parent lives in a relationship similar to that of a spouse. [1989 c.811 §4; 1993 c.33 §287; 1993 c.354 §1; 1995 c.608 §30; 2001 c.622 §42; 2007 c.71 §8; 2007 c.356 §3; 2015 c.629 §1; 2019 c.13 §14; 2021 c.597 §50]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.290 - Determining disposable income of obligor; offsets; rules.

(1) In determining the disposable income of an obligor, the 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 proof and must furnish documentation to support any offsets claimed.
(2) The Department of Justice may adopt rules governing the determination of the income subject to withholding that remains after application of offsets. Withholding actions in a case that is not receiving support enforcement services under ORS 25.080 may be appealed to the circuit court. [1995 c.608 §1b; 2003 c.73 §27]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.311

[1993 c.798 §5; 1995 c.608 §32; 1999 c.80 §2; 1999 c.735 §8; 1999 c.849 §§38,39; renumbered 25.378 in 1999]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.321 - Definitions for ORS 25.321 to 25.343.

As used in ORS 25.321 to 25.343:
(1) "Cash medical support" means an amount that a parent is ordered to pay to defray the cost of health care coverage provided for a child by the other parent or a public body, or to defray uninsured medical expenses of the child.
(2) "Child support order" means a judgment or administrative order that creates child support rights and that is entered or issued under ORS 25.501 to 25.556 or 419B.400 or this chapter or ORS chapter 107, 108, 109 or 110.
(3) "Employee health benefit plan" means a health benefit plan that is available to a providing party by reason of the providing party’s employment.
(4) "Enforcing agency" means the administrator.
(5) "Health benefit plan" means any policy or contract of insurance, indemnity, subscription or membership issued by an insurer, including health care coverage provided by a public body, and any self-insured employee benefit plan that provides coverage for medical expenses.
(6) "Health care coverage" means providing and paying for the medical needs of a child through a policy or contract of insurance, indemnity, subscription or membership issued by an insurer, including medical assistance provided by a public body, and any self-insured employee benefit plan that provides coverage for medical expenses.
(7) "Medical support" means cash medical support and health care coverage.
(8) "Medical support clause" means a provision in a child support order that requires one or both of the parents to provide medical support for the child.
(9) "Medical support notice" means a notice in the form prescribed under ORS 25.325 (5).
(10) "Plan administrator" means:
(a) The employer, union or other provider that offers a health benefit plan; or
(b) The person to whom, under a written agreement of the parties, the duty of plan administrator is delegated by the employer, union or other provider that offers a health benefit plan.
(11) "Providing party" means a party to a child support order who has been ordered by the court or the enforcing agency to provide medical support.
(12) "Public body" has the meaning given that term in ORS 174.109. [2003 c.637 §2; 2007 c.878 §5; 2009 c.351 §1; 2011 c.318 §13; 2017 c.467 §2; 2021 c.597 §52]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.323 - Medical support.

(1) Every child support order must include a medical support clause.
(2) Whenever a child support order that does not include a medical support clause is modified the modification must include a medical support clause.
(3) A medical support clause may require that medical support be provided in more than one form, and may make the requirement that medical support be provided in a particular form contingent on the availability of another form of medical support.
(4) A medical support clause must require that one or both parents provide health care coverage for a child that is appropriate and available at the time the order is entered. If health care coverage for a child is not appropriate and available at the time the order is entered, the order must:
(a) Require that one or both parents provide health care coverage for the child at any time thereafter when such coverage becomes available; and
(b) Either require the payment of cash medical support, or include findings on why cash medical support has not been required.
(5) For the purposes of subsection (4) of this section, health care coverage is appropriate and available for a child if the coverage:
(a) Is accessible, as described in subsection (6) of this section;
(b) Is reasonable in cost and does not require the payment of unreasonable deductibles or copayments; and
(c) Provides coverage, at a minimum, for medical expenses, hospital expenses, preventive care, emergency care, acute care and chronic care.
(6) Health care coverage is accessible for the purposes of subsection (5)(a) of this section if:
(a) The coverage will be available for at least one year, based on the work history of the parent providing the coverage; and
(b) The coverage either does not have service area limitations or the child lives within 30 miles or 30 minutes of a primary care provider who is eligible for payment under the coverage.
(7) A medical support clause may not order a providing party to pay cash medical support or to pay to provide health care coverage if the providing party’s income is equal to or less than the Oregon minimum wage for full-time employment.
(8) Cash medical support and the cost of other medical support ordered under a medical support clause constitute a child support obligation and must be included in the child support calculation made under ORS 25.275. [2003 c.637 §3; 2007 c.878 §6; 2009 c.351 §2; 2009 c.595 §55; 2011 c.318 §6; 2017 c.467 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.325 - Enforcing medical support; form of notice; rules.

(1) When a child support order with a medical support clause is entered, the court or the enforcing agency may issue a qualified medical child support order as provided in section 609 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1169). The qualified medical child support order shall direct the providing party’s employer, or the plan administrator for the providing party’s employee health care coverage, to enroll the providing party’s child in the employee health benefit plan and direct the providing party’s employer to withhold any required premium from the providing party’s compensation.
(2) When a child support order with a medical support clause is entered and support enforcement services are being provided under ORS 25.080, the enforcing agency shall, when appropriate, issue a medical support notice to the providing party’s employer within two business days after receiving information under ORS 25.790 that the employer has hired or rehired the providing party.
(3) If a child support order with a medical support clause is in effect or is being sought:
(a) The providing party’s employer or the plan administrator for the providing party’s employee health care coverage shall release to the enforcing agency, upon request, the name and address of the health benefit plan that provides the coverage and the plan administrator; and
(b) The plan administrator shall release to the obligee or the enforcing agency, upon request, information about health care coverage for dependents under the employee health benefit plan.
(4) If a qualified medical child support order or a medical support notice has been served on the providing party’s employer, the order or notice is binding on the employer and the plan administrator for the providing party’s employee health benefit plan to the extent that the child is eligible to be enrolled in the health benefit plan under the applicable terms and conditions of the plan and the standard enrollment guidelines as described in ORS 743B.470. Enrollment of the child shall be allowed at any time, notwithstanding any enrollment season restrictions.
(5) The Department of Justice, by rule, shall prescribe the form of a medical support notice for the purposes of ORS 25.321 to 25.343. In prescribing the form, the department shall consider all relevant federal law relating to medical support notices. [2003 c.637 §4; 2007 c.878 §7; 2009 c.351 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.327 - Service of medical support notice.

(1) The enforcing agency shall serve the medical support notice on the providing party’s employer as a withholder. The notice may be served upon the withholder or the withholder’s registered agent, corporate officer, bookkeeper, accountant, person responsible for payroll or local office manager by:
(a) Personal service;
(b) Any type of mail that is calculated to give actual notice and is addressed to one of the persons listed in this subsection; or
(c) Electronic means if the employer has the ability to receive the medical support notice in that manner.
(2) Service of a medical support notice constitutes receipt of a medical child support order.
(3) The enforcing agency shall, as provided in ORS 25.333, notify the parties that the medical support notice has been served on the providing party’s employer. [2003 c.637 §5; 2007 c.878 §8]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.331 - Obligation to withhold.

(1) Upon notification from the plan administrator that the child is enrolled in the health benefit plan, the employer shall withhold from the providing party’s compensation the providing party’s share, if any, of premiums for the health benefit plan. The employer shall forward the amount withheld as required by the health benefit plan.
(2) The withholding required by a qualified medical child support order or a medical support notice is a continuing obligation. The qualified medical child support order or medical support notice and the withholding remain in effect and are binding upon the employer until further notice from the court or the enforcing agency.
(3)(a) An amount withheld by an employer in compliance with a withholding order issued for monetary support and a qualified medical child support order or medical support notice may not exceed 50 percent of the providing party’s net disposable income.
(b) Notwithstanding paragraph (a) of this subsection, upon the motion of a party and after a hearing, the court may order the withholding of more than 50 percent of the providing party’s net disposable income. However, the amount withheld may not exceed the amount allowed under section 303(b) of the federal Consumer Credit Protection Act (15 U.S.C. 1673(b)).
(4) If a providing party’s compensation drops to a level at which withholding under this section exceeds the amount allowed under subsection (3) of this section, the employer shall stop the withholding and send the court or the enforcing agency, as the case may be, a written notice within 15 days of stopping the withholding. The notice shall include the providing party’s name, address and Social Security number and the date the employer stopped withholding under this section.
(5) An employer is not subject to civil liability to an individual or agency for conduct or actions in compliance with a medical support notice if the employer:
(a) Is served with a medical support notice under ORS 25.327 that is regular on its face; and
(b) Complies with the provisions of the medical support notice if the notice appears to be in conformance with section 609 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1169). [2003 c.637 §7; 2007 c.878 §10]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.333 - Contesting medical support notice.

(1) When the enforcing agency issues a medical support notice under ORS 25.325, the enforcing agency shall notify the parties by regular mail to the last known addresses of the parties:
(a) That the notice has been sent to the providing party’s employer; and
(b) Of the providing party’s rights and duties under the notice.
(2) A providing party may contest a medical support notice within 30 days after the date the premium is first withheld pursuant to the notice or, if the health benefit plan is provided at no cost to the providing party, the date the first premium is paid by the employer.
(3) The only basis for contesting a medical support notice is a mistake of fact. A "mistake of fact" means any of the following:
(a) No order to provide health care coverage under a health benefit plan has been issued in regard to the providing party’s child;
(b) The amount to be withheld for premiums is greater than is permissible under ORS 25.331;
(c) The alleged providing party is not the party from whom health care coverage is required; or
(d) The providing party’s income is equal to or less than Oregon minimum wage for full-time employment.
(4) The providing party may contest the medical support notice by requesting an administrative review. After receiving a request for review and within 45 days after the date the premium is first withheld pursuant to the medical support notice, the enforcing agency shall determine, based on an evaluation of the facts, whether the withholding for premiums may continue. The enforcing agency shall inform the parties of the determination in writing and include information regarding the right to appeal the determination.
(5) Any appeal of the enforcing agency’s determination under subsection (4) of this section is to the circuit court for a hearing under ORS 183.484.
(6) The initiation of proceedings to contest a medical support notice or an appeal of the enforcing agency’s determination under this section does not stay the withholding of premiums. [2003 c.637 §8; 2007 c.878 §11; 2009 c.351 §10; 2011 c.318 §9]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.335 - Termination of support order.

When support enforcement services are being provided under ORS 25.080, the enforcing agency shall notify the employer when there is no longer in effect a support order requiring health care coverage for which the enforcing agency is responsible. However, termination of the health care coverage is governed by the health benefit plan’s provisions for termination and by applicable federal law. [2003 c.637 §9]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.337 - Liability.

(1) If the plan administrator or the employer fails to comply with the requirements described in ORS 25.329 or 25.331, the enforcing agency or obligee may bring a civil action against the plan administrator or employer for medical expenses, the providing party’s share of the premiums, attorney fees and costs.
(2) An employer commits an unlawful employment practice if the employer discharges a providing party, refuses to hire a providing party or in any other manner discriminates, retaliates or takes disciplinary action against a providing party because of the entry of a medical support notice or qualified medical child support order or because of the obligations imposed upon the plan administrator by the order. An employee may bring a civil action under ORS 659A.885 or may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820.
(3) A providing party who fails to maintain health care coverage for a child as ordered is liable, from the date of the order, for any medical expenses resulting from the failure to maintain coverage.
(4) The remedies described in this section are not exclusive. Nothing in this section precludes action by the court to enforce a judicial or administrative order requiring health care coverage or payment of medical support by imposition of remedial or punitive sanctions for contempt or otherwise. [2003 c.637 §10; 2007 c.878 §12]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.339 - Priority of medical support notice.

A medical support notice issued under ORS 25.325 has priority over any previously filed attachment, execution, garnishment or assignment of income other than a withholding order issued for monetary support, unless otherwise requested by the obligee. [2003 c.637 §11]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.341 - Notice of termination of employer’s relationship with providing party.

When an employer is unable to continue withholding from a providing party’s compensation because the relationship between the employer and the providing party ends, the employer shall send the enforcing agency a written notice within 15 days of the termination of the relationship. The notice must include the providing party’s name, the providing party’s last known address, the providing party’s Social Security number, the date the relationship terminated and, if known, the name and address of a new employer of or other provider of a health benefit plan to the providing party. [2003 c.637 §12; 2007 c.878 §13]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.343 - Authorization for reimbursement payments.

The signature of the obligee or guardian of a child covered by a health benefit plan is a valid authorization for purposes of processing an insurance reimbursement payment to the provider of the health services as provided in ORS 743B.470. [2003 c.637 §13]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.372 - Applicability.

ORS 25.372 to 25.427 apply to current support, arrears and interest on arrears, independently or combined, whether arrears are owed to an obligee, the state or a foreign jurisdiction. [Formerly 25.367; 2001 c.249 §73; 2003 c.73 §28; 2003 c.572 §7]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.375 - Priority of withholding.

Except as provided in ORS 25.339, withholding under ORS 25.378 has priority over any other legal process under Oregon law against the same income. [Formerly 25.722; 2003 c.637 §16]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.378 - Payment of support by income withholding; initiation of income withholding.

(1) Except as otherwise provided in ORS 25.396, when a support order is entered or modified by the Division of Child Support, a district attorney, an administrative law judge or a circuit court, including a juvenile court, the order shall include a provision requiring the obligor to pay support by income withholding regardless of whether support enforcement services are being provided under ORS 25.080. In addition to the income withholding provided for in this subsection, income withholding may be initiated in accordance with subsections (2) to (6) of this section.
(2) When an obligor is subject to a support order issued or registered in this state and fails to make payments at least equal to the amount of support payable for one month, a court or the administrator, whichever is appropriate, shall initiate income withholding without the need for a judicial or administrative hearing and without the need for advance notice to the obligor of the withholding.
(3) When an arrearage exists and notice of the delinquent amount has been given to the obligor, a court, upon application, shall issue a withholding order upon the ex parte request of a person holding support rights or the administrator.
(4) If an obligor is not otherwise subject to income withholding a court or the administrator may issue an order to withhold upon the ex parte motion of the obligor.
(5) Upon the request of the holder of support rights, a court or the administrator, as appropriate, may issue a withholding order at any time if:
(a) The obligor is not otherwise subject to withholding; and
(b) After notice and an opportunity to object has been given to the obligor, a finding is made that it would be in the best interests of the child to issue a withholding order.
(6) A court or the administrator shall issue an order to withhold when a support order or an arrearage from another jurisdiction is entered in Oregon in accordance with interstate income withholding under ORS chapter 110. [Formerly 25.311; 2001 c.104 §§6,7; 2003 c.73 §§29,30; 2003 c.75 §25; 2013 c.184 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.381 - Establishing income withholding as method of paying support; records.

(1) Whenever services are being provided under ORS 25.080, support rights are not and have not at any time during the past five months been assigned to this or another state, and no arrearages under a support order are so assigned, the administrator shall provide, upon request of an obligor or obligee, services sufficient to permit establishment of income withholding under ORS 25.378, including services necessary to establish a support payment record under ORS 25.164 and 25.167.
(2) Regardless of whether services are being provided under ORS 25.080, the administrator shall provide, upon request of an obligor or obligee, services sufficient to permit establishment of income withholding under ORS 25.378:
(a) For the payment of child support without the necessity of an application for support enforcement services under Title IV-D of the Social Security Act (42 U.S.C. 651 et seq.); and
(b) For the payment of spousal support if the obligee is receiving supplemental nutrition assistance or any other form of public assistance, as defined in ORS 411.010, from the Department of Human Services or medical assistance, as defined in ORS 414.025, from the department or the Oregon Health Authority. [Formerly 25.340; 2001 c.900 §8; 2003 c.73 §31; 2005 c.265 §1; 2009 c.599 §15; 2013 c.688 §7]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.384 - Statement on withholding in support order.

(1) Any child support order issued or modified after October 1, 1989, shall include a statement in substantially the following form:
______________________________________________________________________________
NOTICE OF INCOME WITHHOLDING
The support order is enforceable by income withholding under ORS 25.372 to 25.427. Withholding shall occur immediately, whenever there are arrears at least equal to the support payment for one month, whenever the obligated parent requests such withholding or whenever the obligee requests withholding for good cause. The district attorney or, as appropriate, the Division of Child Support of the Department of Justice will assist in securing such withholding. Exceptions may apply in some circumstances.
______________________________________________________________________________
(2) The Department of Justice shall provide annual notice to each obligor and obligee on support orders being enforced by the district attorney or Division of Child Support of the availability of and requirements for exceptions to withholding. [Formerly 25.370]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.387 - Withholding more than amount authorized by law.

Notwithstanding ORS 25.414 and 656.234, the court upon motion of a party holding the support rights, the Division of Child Support or the district attorney, and after a hearing, may order the withholding of more than the amount otherwise authorized by law. In no case may an order require payment of an amount that exceeds the limits imposed by the Consumer Credit Protection Act (15 U.S.C. 1673(b)). [Formerly 25.354]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.390 - Amendment of support order not required for withholding.

Disposable income is subject to an order to withhold to satisfy a support obligation without the need for any amendment to the support order involved or for any further action, other than those actions required or permitted under ORS 25.378. [Formerly 25.318]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.396 - Exception to withholding; termination of withholding; rules.

(1) When a court or the administrator enters or modifies a support order, the court or administrator may grant an exception to income withholding required under ORS 25.378 if the court or administrator makes a written finding that there is good cause not to require income withholding. Good cause exists when there is proof of timely payment of previously ordered support and when initiating or continuing income withholding would not be in the best interests of the child.
(2) The court or administrator may grant an exception to income withholding required under ORS 25.378 if:
(a) The obligor and obligee at any time agree in writing to an alternative payment method;
(b) When money is owed to the state under the support order, the state agrees in writing to the alternative payment method;
(c) The obligor has paid in full all arrears accrued under the support order; and
(d) The court or administrator accepts the alternative payment method.
(3) Notwithstanding subsection (1) of this section, when child support is currently assigned to the state and the child is in the custody of the Oregon Youth Authority or the Department of Human Services, the state or the obligor may request and the court or administrator may grant an exception from income withholding if:
(a) The order to withhold is a barrier to reunification of the family or rehabilitation of the youth or is prejudicial to the obligor’s ability to provide for another child to whom a duty of support is owed; and
(b) The state and the obligor agree in writing to an alternative payment method.
(4) Exceptions to income withholding described in this section may be granted by the administrator or the court, except that when support enforcement services are being provided under ORS 25.080 the only permissible alternative payment methods are an electronic funds transfer to the Department of Justice or another method permitted under rules adopted under this section.
(5) A party may appeal the administrator’s decision granting or denying an exception under this section to the circuit court in accordance with ORS 183.484.
(6) Income withholding may be terminated only if the conditions set forth in this section are met.
(7) The Department of Justice shall adopt rules and establish procedures to implement this section. [Formerly 25.317; 2001 c.171 §1; 2003 c.73 §32; 2003 c.572 §8; 2021 c.498 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.399 - Notice of order to withhold; contents of notice.

(1) When an order to withhold is issued under ORS 25.378, the party or entity initiating the action shall send notice of the order to withhold to the obligor by regular mail to the last-known address of the obligor. The notice must state:
(a) That withholding has commenced;
(b) The amount to be withheld and the amount of arrears, if any;
(c) That the order to withhold applies to any current or subsequent withholder or period of employment;
(d) The procedures available for contesting the withholding and that the only basis for contesting the withholding is a mistake of fact, which means an error in the amount of current support or arrearages, or an error in the identity of the obligor;
(e) The availability of and requirements for exceptions to withholding;
(f) That the obligor has 30 days from the date that the income is first withheld pursuant to the order to withhold to contest the withholding; and
(g) The actions that will be taken if the obligor contests the withholding.
(2) The notice requirement of subsection (1) of this section may be met by mailing a copy of the order to withhold, by regular mail, to the obligor. [Formerly 25.315; 2011 c.318 §10; 2017 c.461 §1; 2019 c.13 §16]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.402 - Service of order on withholder; contents.

(1)(a) The party initiating the support action shall serve the order to withhold on the withholder. The order may be personally served upon the withholder or the withholder’s registered agent, an officer of the corporation, bookkeeper, accountant, person responsible for payroll or local office manager or may be served by any type of mail which is calculated to give actual notice and is addressed to one of the persons listed above.
(b) Notwithstanding paragraph (a) of this subsection and unless the Department of Justice, prior to initiating service, receives written notice of completion of service by another party, the department shall serve the order to withhold in all cases affecting a support order for which the department or the district attorney has responsibility under ORS 25.080 for providing support enforcement services regardless of whether the department or another party initiated the support action.
(2) The order to withhold shall inform the withholder of all of the following:
(a) The amount of the obligor’s continuing support obligation.
(b) That the withholder is required to withhold from the obligor’s disposable income due or becoming due to the obligor at each pay period an amount as determined by ORS 25.414.
(c) The appropriate person to whom to make the withholding payment.
(d) The information contained in ORS 25.375, 25.387, 25.411, 25.414, 25.417, 25.421 and 25.424. [Formerly 25.314]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.405 - Contesting order to withhold; basis.

(1) An obligor contesting an order to withhold issued under ORS 25.378 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 (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 110.594, 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 110.601; or
(c) Registering the underlying withholding order in Oregon in the manner provided by ORS 110.605 to 110.611 and seeking relief from enforcement of the order as provided in ORS 110.617 and 110.620.
(5) If the order to withhold was issued pursuant to a request for enforcement under ORS 25.080, 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 obligor’s 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.
(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; 2015 c.298 §87]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.408 - Withholding is continuing obligation.

The withholding required by the order is a continuing obligation. The notice and the withholding required by the order remain in effect and are binding upon the withholder until further notice from the court or the entity issuing the notice. [Formerly 25.359]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.411 - When withholding begins; payment to Department of Justice or obligee.

(1) The withholder shall start withholding not later than the first pay period occurring five days after the date of the order to withhold. However, if on the date the employer receives the order the employer has already calculated the payroll for that pay period and has prepared the paycheck or submitted a deposit for that payroll, the employer shall start withholding no later than the second pay period occurring after the date of the order to withhold.
(2) Within seven business days after the date the obligor receives income, the withholder shall pay amounts withheld to the Department of Justice or to the obligee by deposit into the obligee’s bank account, whichever is specified in the order to withhold. The withholder shall include, with the payment, the obligor’s name and case number and the date upon which the income was withheld.
(3) When payments are made to the Department of Justice, the withholder may combine amounts withheld from different obligors’ incomes in a single payment as long as such payment is accompanied by a list that separately identifies which portion of the payment is attributable to each obligor, the obligor’s name and case number, if any.
(4) As used in this section, "business day" means a day on which the Department of Justice is open for regular business. [Formerly 25.355; 2007 c.356 §4]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.417 - Amount to be withheld when obligor paid more frequently than monthly.

When an obligor is required to pay support by income withholding and is paid more often than monthly, the withholder shall withhold up to the full amount specified in the order to withhold, based on the obligor’s pay period as specified in the order to withhold. The amount withheld may not exceed the maximum amount allowed under ORS 25.414 (8). [Formerly 25.353; 2001 c.455 §11]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.421 - Procedure if withholder does not withhold support.

If for any reason a withholder does not withhold support in any month, the withholder shall explain the reason for not withholding. The withholder shall send the explanation for not withholding to the person or entity to whom the withholder sends payments and shall send the explanation on the date that the withholder would normally send a payment. If the withholder does not send a payment because the obligor is no longer employed by the withholder, the withholder may include in the explanation the name and address of the obligor’s new employer, if known. A withholder is not liable to the obligor for disclosure of this information. [Formerly 25.357]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.501 - Definitions for ORS 25.501 to 25.556.

As used in ORS 25.501 to 25.556, unless the context requires otherwise:
(1) "Adjudicated youth" has the meaning given that term in ORS 419A.004.
(2) "Court" means any circuit court of this state and any court in another state having jurisdiction to determine the liability of persons for the support of another person.
(3) "Court order" means any judgment or order of any Oregon court that orders payment of a set or determinable amount of support money by the subject parent and does not include an order or judgment in any proceeding in which the court did not order support.
(4) "Department" means the Department of Justice of this state or its equivalent in any other state from which a written request for establishment or enforcement of a support obligation is received under ORS 25.511.
(5) "Dependent child" means any person under the age of 18 who is not otherwise emancipated, self-supporting, married or a member of the Armed Forces of the United States. "Dependent child" also means a child attending school as defined in ORS 107.108.
(6) "Office" means the office of the Division of Child Support or the office of the district attorney.
(7) "Parent" means:
(a) The natural or adoptive father or mother of a dependent child or adjudicated youth;
(b) A person whose parentage has been established under ORS 109.065; or
(c) A stepparent when the person has an obligation to support a dependent child under ORS 108.045.
(8) "Past support" means the amount of child support that could have been ordered and accumulated as arrears against a parent for the benefit of a child for any period of time during which the child was not supported by the parent and for which period no support order was in effect.
(9) "Public assistance" means any money payments made by the state that are paid to or for the benefit of any dependent child or adjudicated youth, including but not limited to payments made so that food, shelter, medical care, clothing, transportation or other necessary goods, services or items may be provided, and payments made in compensation for the provision of the necessities. "Public assistance" does not include money payments made by the state to or for the benefit of a dependent child as the result of the child’s removal from the parent’s home against the wishes of the parent, if the Department of Human Services determines after completion of a child protective services assessment that the report of abuse is unfounded according to rules adopted by the Department of Human Services. [Formerly 416.400; 2021 c.489 §2]
Note:
25.501 to 25.556 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 25 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.502 - Policy.

It is the public policy of this state that dependent children shall be maintained, as much as possible, from the resources of both of the parents, thereby relieving or avoiding, at least in part, the burden often borne by single parents or by the general citizenry through public assistance programs. The existing remedies pertaining to family desertion and nonsupport of dependent children are to be augmented by the additional remedies provided in ORS 25.501 to 25.556 which are directed to the real and personal property resources of the responsible parents. These additional remedies are not in lieu of existing law. ORS 25.501 to 25.556 shall be liberally construed and administered to implement the policy stated in this section. [Formerly 416.405]
Note:
See note under 25.501.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.503 - Parties to support proceedings; notice.

(1) In any proceeding under ORS 25.501 to 25.556, the following are parties and shall be given notice of any such proceeding by the administrator:
(a) The State of Oregon.
(b) An obligee who has physical custody of a child for whose benefit a support order or an order establishing paternity is sought, is being modified or is being enforced under ORS 25.501 to 25.556.
(c) A noncustodial parent or a male who is alleged to be the father of a child when an action is initiated under ORS 25.501 to 25.556 to establish, modify or enforce a support or paternity order.
(d) A person joined as a party under subsection (2) of this section.
(2) Pursuant to administrative rule, a party may join a person who has physical custody of a child to a proceeding under ORS 25.501 to 25.556. [Formerly 416.407]
Note:
See note under 25.501.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.505 - Authority of administrator and administrative law judge; rules.

(1) In any individual case, commencing with the payment of public assistance, with the application for enforcement services under ORS 25.080 by an individual not receiving public assistance or upon receipt of a written request for enforcement of a support obligation from the state agency of another state responsible for administering the federal child support enforcement program, the administrator may take action under ORS 25.501 to 25.556. The administrator and, as appropriate, the administrative law judge, may establish, modify and terminate support orders, require health care coverage for dependent children, establish paternity and collect child support.
(2) The Department of Justice may make such rules as may be necessary or desirable for carrying out ORS 25.501 to 25.556. [Formerly 416.455]
Note:
See note under 25.501.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 025 - Support Enforcement › Section 25.507 - Tribunals for establishment of paternity or for child support order.

(1) Except as otherwise provided in subsection (2) of this section, the administrator may act as the tribunal described in ORS 110.504 in the establishment of paternity or of a child support order, or in the modification or enforcement of a child support order.
(2)(a) When a hearing is requested pursuant to ORS 25.513, the tribunal is the Office of Administrative Hearings, except as provided in ORS 25.550.
(b) When an order is appealed pursuant to ORS 25.513 (6), the tribunal is a circuit court. [Formerly 416.419]
Note:
See note under 25.501.