71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2392
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee for Oregon Law Commission)
CHAPTER ................
AN ACT
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
Enrolled House Bill 2392 (HB 2392-INTRO) Page 1
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.
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Passed by House February 8, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 2, 2001
...........................................................
President of Senate
Enrolled House Bill 2392 (HB 2392-INTRO) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2392 (HB 2392-INTRO) Page 3