Or. Admin. R. 137-055-4080

Current through Register Vol. 63, No. 6, June 1, 2024

Section 137-055-4080 - Exceptions to Income Withholding

(1) An exception to income withholding may be granted in any case as set out in ORS 25.396.

(2) The administrator may allow payment by electronic funds transfer (EFT) as an exception to income withholding if:

(a) The obligee consents to payment by EFT; or

(b) The only payee on the case is a child attending school under ORS 107.108 and OAR 137-055-5110, and the child attending school consents to payment by EFT; and

(c) The obligor submits a completed request for payment by EFT on a form provided by the Division of Child Support; and

(d) The obligor continues to pay the amount due for current support each month until the Division of Child Support activates the EFT; and

(e) The obligor has not been disqualified from payment by EFT under sections (9)(a) or (9)(d) of this rule in the last 12 months.

(3) If payment by EFT is allowed as provided in section (2) of this rule, payment by electronic payment withdrawal (EPW) may be allowed only if:

(a) The obligor's financial institution is a participant in the National Automated Clearing House Association;

(b) The request for EPW:

(A) Is signed by all signatories to the obligor's account at the financial institution; and

(B) Establishes both a monthly withdrawal date and the amount to be paid on each withdrawal date thereafter.

(4) Payment by EPW will not be allowed if the order is a contingency order as provided in ORS 25.517.

(5) If the EFT request is approved, the Division of Child Support will notify the parties by mail, including the initial withdrawal date.

(6) An obligor may make additional payments by EFT, even if the obligor does not qualify for an exception to withholding, if the obligor designates a withdrawal date.

(7) The administrator will not process a request to obtain consent to payment by EFT if the obligee or the child attending school has failed to consent at any time within the previous six months.

(8) The administrator will terminate income withholding when:

(a) There is no longer a current order for support and all arrears have been paid or satisfied; or

(b) The court or administrator allows an exception to withholding pursuant to ORS 25.396 and this rule.

(9) The administrator will reinstate income withholding and cancel payment by EFT if:

(a) At least one month of arrears accrues;

(b) The obligor cancels the request to pay by EFT;

(c) The obligee, or if appropriate, child attending school, withdraws their consent to the EFT and the administrator agrees that the EFT should be canceled; or

(d) The obligor submits two dishonored payments within the last 12 months.

Or. Admin. R. 137-055-4080

AFS 7-1994, f. & cert. ef. 4-1-94; AFS 3-1995, f. 1-27-95, cer. ef. 2-1-95; AFS 20-1995, f. 8-30-95, cert. ef. 9-9-95; AFS 3-1995, f. 1-27-95, cert. ef. 2-1-95; AFS 34-1995, f. 11-27-95, cert. ef. 12-1-95; AFS 39-1995, f. & cert. ef. 12-15-95; AFS 23-1997, f. 12-29-97, cert. ef. 1-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0176; AFS 28-2001, f. 12-28-01, cert. ef. 1-1-02; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-4080; DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 6-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; DOJ 7-2011, f. & cert. ef. 10-3-11; DOJ 37-2020, minor correction filed 02/05/2020, effective 2/5/2020; DOJ 58-2020, amend filed 09/25/2020, effective 10/1/2020; DOJ 18-2021, amend filed 12/29/2021, effective 1/1/2022; DOJ 18-2023, minor correction filed 09/13/2023, effective 9/13/2023

Statutory/Other Authority: ORS 25.396, 25.427 & 180.345

Statutes/Other Implemented: ORS 25.378 & 25.396