Current through Register Vol. 61, No. 4, April 1, 2022
(1) An exception to income withholding may be
granted in any case as set out in ORS
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;
The only payee on the case
is a child attending school under ORS
and OAR 137-055-5110
, and the CAS 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;
(d) The obligor continues to
pay the amount due for current support each month until the Division of Child
Support activates the EFT; and
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.
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
The request for
(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
(5) If the EFT request is approved, the
Division of Child Support will notify the parties by mail, including the
initial withdrawal date.
obligor may make additional payments by EFT even if the obligor does not
qualify for an exception to withholding, as long as the obligor designates a
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.
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
and this rule.
administrator will reinstate income withholding and cancel payment by EFT if:
(a) At least one month of arrears
(b) The obligor cancels
the request to pay by EFT;
obligee, or if appropriate, child attending school, withdraws their consent to
the EFT and the administrator agrees that the EFT should be canceled;
(d) The obligor submits two
dishonored payments within the last 12 months.
Or. Admin. R.
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;
37-2020, minor correction filed 02/05/2020, effective
58-2020, amend filed 09/25/2020, effective
18-2021, amend filed 12/29/2021, effective
Statutory/Other Authority: ORS
25.427 & 180.345
Statutes/Other Implemented: ORS