75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 805
Senate Bill 373
Sponsored by Senator BONAMICI; Senator MORSE, Representatives
BERGER, HARKER (at the request of Brett Arvidson)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Provides that obligor and obligee under support order may bring
civil action for damages against employer or other person who
withholds money under order to withhold, but who fails to pay
withheld amounts within time allowed by law. Eliminates cap on
amounts of damages that may be recovered by obligee in action
against withholder by reason of failure to withhold or pay.
A BILL FOR AN ACT
Relating to orders to withhold; creating new provisions; and
amending ORS 25.424.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 25.424 is amended to read:
25.424. { - (1) A withholder is not subject to civil
liability to an individual or agency for conduct or actions in
compliance with an order to withhold if the withholder: - }
{ - (a) Is served with an order to withhold under ORS 25.402
that is regular on its face; and - }
{ - (b) Complies with the terms of the order if the order
appears to be in compliance with ORS 25.402. - }
{ - (2) The withholder is liable for all amounts that the
withholder fails to withhold or pay as required by the order to
withhold or withholds or pays in excess of the amount required by
the order to withhold. The holder of support rights, the obligor,
the Division of Child Support or a district attorney may bring an
action against the withholder: - }
{ - (a) To recover all amounts that the withholder failed to
withhold or pay or withheld or paid in excess of the amount
required; - }
{ - (b) To recover an additional amount as damages not to
exceed the amount referred to in paragraph (a) of this
subsection; and - }
{ - (c) If the failure to withhold was willful or the result
of gross negligence by the withholder, to have an additional
amount imposed as a fine payable to the court not to exceed $250
for each time the withholder failed to withhold or pay or
withheld or paid an amount exceeding the amount required and to
pay reasonable costs of the action including attorney fees. - }
{ + (1) A person who is served with an order to withhold is
not subject to civil liability to an individual or agency for
conduct or actions in compliance with the order if:
(a) The order is served on the person in the manner provided by
ORS 25.402 (1);
(b) The order is regular on its face; and
(c) The order complies with ORS 25.402 (2).
(2) A person who is served with an order to withhold is liable
to the obligee for:
(a) All amounts that the person fails to withhold or pay as
required by the order;
(b) Any damages suffered by the obligee by reason of the
failure of the person to withhold or pay as required by the
order; and
(c) Any damages suffered by the obligee by reason of the
failure of the person to pay withheld amounts within the time
specified by ORS 25.411.
(3) A person who is served with an order to withhold is liable
to the obligor for:
(a) All amounts withheld in excess of the amount required by
the terms of the order;
(b) Any damages suffered by the obligor by reason of
withholding that is in excess of the amount required by the terms
of the order; and
(c) Any damages suffered by the obligor by reason of the
failure of the person to pay withheld amounts within the time
specified by ORS 25.411.
(4) An obligee or obligor may bring an action to recover
amounts under this section, or the Division of Child Support or a
district attorney may bring an action on behalf of the obligee or
obligor to recover amounts under this section.
(5) If the plaintiff in an action under this section
establishes that the conduct of the defendant was willful or
grossly negligent, the court shall:
(a) Enter judgment against the defendant for a penalty, payable
to the court, not to exceed $250 for each time the defendant
failed to withhold or pay the amount required by the terms of the
order to withhold, withheld an amount exceeding the amount
required by the terms of the order, or failed to pay withheld
amounts within the time specified by ORS 25.411; and
(b) Enter judgment against the defendant, payable to the
plaintiff, for reasonable attorney fees incurred by the
plaintiff. + }
{ - (3)(a) - } { + (6)(a) + } An employer commits an
unlawful employment practice if the employer discharges an
employee, refuses to hire an individual or in any other manner
discriminates, retaliates or takes disciplinary action against an
obligor because of the entry or service of an order to withhold
under ORS 25.378 and 25.402 or because of the obligations or
additional obligations that the order imposes upon the employer.
An obligor may bring an 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. These remedies
are in addition to any other remedy available in law or equity.
(b) Paragraph (a) of this subsection does not apply to actions
taken by an employer pursuant to any condition of employment
required by law.
{ - (4) - } { + (7) + } Nothing in ORS 25.372 to 25.427
precludes an action for contempt for disobedience of a judicial
order to withhold.
SECTION 2. { + (1) Except as provided in subsection (2) of
this section, the amendments to ORS 25.424 by section 1 of this
2009 Act apply to all orders to withhold, whether served before,
on or after the effective date of this 2009 Act.
(2) The amendments to ORS 25.424 by section 1 of this 2009 Act
do not apply to any amount that was withheld or paid under an
order to withhold before the effective date of this 2009 Act. + }
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