Chapter 171 Oregon Laws 2001

AN ACT

HB 2392

Relating to exemptions to income withholding in child support cases for children in state care; amending ORS 25.396.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 25.396 is amended to read:

25.396. (1) An obligor who is subject to an order to withhold issued under ORS 25.378 (1) may request that withholding be discontinued or not initiated if:

(a) All arrearages are paid in full;

(b) The obligor has complied with the terms of a previously allowed exemption from withholding; and

(c)(A) The obligor and the obligee agree in writing to an alternative arrangement; or

(B) A court or the administrator makes a written finding and explanation that there is good cause not to require the withholding.

(2)(a) The state or the obligor may request that withholding be discontinued or not initiated if:

(A) Child support is currently assigned to the Oregon Youth Authority or the State Office for Services to Children and Families;

(B) 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

(C) The state and the obligor enter into a written alternative payment agreement.

(b) The administrator shall adopt rules and establish procedures to implement this subsection.

[(2)(a)] (3)(a) The entity to whom the state or an obligor makes a request under subsection (1) or (2) of this section is:

(A) The district attorney or the Division of Child Support, whichever is appropriate, when support services are being provided by the entity under ORS 25.080; or

(B) In all other cases, the circuit court.

(b) When the obligor is making a request concerning withholding for spousal support, the obligor shall make the request to the district attorney or Division of Child Support only if the district attorney or Division of Child Support is enforcing the spousal support order under ORS 25.080 (4)(c) or (d). In all other cases, the obligor shall make the request to the circuit court.

(c) Appeal of a decision of the district attorney or the Division of Child Support is to the circuit court for a hearing under ORS 183.484.

[(3)] (4) If money is owed to the state under the support order [which] that is the subject of an agreement under subsection (1)(c)(A) of this section, the state must also be a party to the written agreement. The written agreement must be reviewed and entered in the record by the court or administrator.

[(4)] (5) For purposes of subsection (1) of this section, good cause exists when there is proof of timely payment of previously ordered support in cases involving the modification of support orders and there are no [arrears] arrearages.

[(5)] (6) Withholding may be terminated only if the conditions set forth in this section are met.

Approved by the Governor May 22, 2001

Filed in the office of Secretary of State May 22, 2001

Effective date January 1, 2002

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