Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-4060 - Income Withholding - General Provisions, Requirements and Definitions

Current through Register Vol. 63, No. 7, July 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.