Oregon Statutes 110.595 – Employers compliance with income withholding order of another state
(1) Upon receipt of an income withholding order, the obligor‘s employer shall immediately provide a copy of the order to the obligor.
Terms Used In Oregon Statutes 110.595
- Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Oregon Statutes 110.503
- Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. See Oregon Statutes 110.503
- Income withholding order: means an order or other legal process directed to an obligor's employer or other debtor issued pursuant to ORS § 25. See Oregon Statutes 110.503
- Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Oregon Statutes 110.503
- Law: includes decisional and statutory law and rules and regulations having the force of law. See Oregon Statutes 110.503
- Obligor: means an individual, or the estate of a decedent, that:
(a) Owes or is alleged to owe a duty of support;
(b) Is alleged but has not been adjudicated to be a parent of a child;
(c) Is liable under a support order; or
(d) Is a debtor in a proceeding under ORS § 110. See Oregon Statutes 110.503
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity. See Oregon Statutes 110.503
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory or insular possession under the jurisdiction of the United States or an Indian nation or tribe. See Oregon Statutes 110.503
- Support enforcement agency: means a public official, governmental entity or private agency authorized to:
(a) Seek enforcement of support orders or laws relating to the duty of support;
(b) Seek establishment or modification of child support;
(c) Request determination of parentage of a child;
(d) Attempt to locate obligors or their assets; or
(e) Request determination of the controlling child support order. See Oregon Statutes 110.503
- Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child. See Oregon Statutes 110.503
(2) The employer shall treat an income withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.
(3) Except as otherwise provided in subsection (4) of this section and ORS § 110.597, the employer shall withhold and distribute the funds as directed in the income withholding order by complying with terms of the order that specify:
(a) The duration and amount of periodic payments of current child support, stated as a sum certain;
(b) The person designated to receive payments and the address to which the payments are to be forwarded;
(c) Medical support, whether in the form of a periodic cash payment, stated as a sum certain or by ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment;
(d) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee’s attorney, stated as sums certain; and
(e) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(4) An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to:
(a) The employer’s fee for processing an income withholding order;
(b) The maximum amount permitted to be withheld from the obligor’s income; and
(c) The times within which the employer must implement the income withholding order and forward the child support payment. [2015 c.298 § 40]