Current through Register Vol. 61, No. 4, April 1, 2022
The only basis for contesting an order to
withhold is a mistake of fact. A mistake of fact means either:
(a) An error in the amount due for current
support or for arrears;
error in the identity of the obligor; or
(c) The order was entered prior to October 1,
1989, and does not include the immediate income withholding language.
(2) Payment of all arrears will
not, by itself, be a basis for not implementing withholding.
(3) If the obligor is contesting the
withholding on the basis of an error in the amount due for current support or
arrears pursuant to subsection (1)(a) of this rule, the obligor's contest must
be in writing. The process for contesting a withholding will be as described in
(4) The administrator will notify all parties
of the administrator's determination and of the right to appeal the
If an obligor
contests an order to withhold issued by the administrator the Division of Child
Support (DCS) will hold any funds collected pursuant to the withholding order,
and will not distribute such funds to the obligee, or other payee, subject to
(a) If the obligor contests the
withholding on the basis of an error in the identity of the obligor, DCS will
hold all payments collected pursuant to the withholding order until the
administrator has made its determination;
(b) If the obligor contests the withholding
on the basis of an error in the amount due for current and/or past-due support,
DCS will hold all payments collected for past-due support pursuant to the
withholding order, except for those amounts the obligor does not contest are
owed, until the administrator has made its determination;
Once the administrator has made its
determination, and regardless of whether or not the determination is appealed
to the court, DCS will:
(A) Refund to the
obligor, all amounts so held that are determined to have been collected in
(B) Disburse, to the obligee
or as otherwise appropriate, all amounts so held that are determined to have
been collected correctly.
(6) Neither the initiation of proceedings to
contest an order to withhold pursuant to this rule, nor a motion or request to
contest an order to withhold, nor an appeal of the decision of the
administrator with regard to the obligor's contesting of the order to withhold,
will stay, postpone, or defer ongoing withholding unless otherwise ordered by a
Or. Admin. R.
AFS 4-1990, f. 1-18-90,
cert. ef. 2-1-90; AFS 14-1990, f. & cert. ef. 6-7-90; AFS 7-1994, f. &
cert. ef. 4-1-94; 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 461-195-0181; DOJ 6-2003(Temp), f.
6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-4160; DOJ
10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-4160; DOJ
2-2004, f. 1-2-04 cert. ef. 1-5-04; DOJ 1-2006, f & cert. ef.
Stat. Auth.: ORS
180.320 - 360
Stats. Implemented: ORS