(2) The withholding required by a qualified medical child support order or a medical support notice is a continuing obligation. The qualified medical child support order or medical support notice and the withholding remain in effect and are binding upon the employer until further notice from the court or the enforcing agency.
(3)(a) An amount withheld by an employer in compliance with a withholding order issued for monetary support and a qualified medical child support order or medical support notice may not exceed 50 percent of the providing party’s net disposable income.
(b) Notwithstanding paragraph (a) of this subsection, upon the motion of a party and after a hearing, the court may order the withholding of more than 50 percent of the providing party’s net disposable income. However, the amount withheld may not exceed the amount allowed under section 303(b) of the federal Consumer Credit Protection Act (15 U.S.C. 1673(b)).
(4) If a providing party’s compensation drops to a level at which withholding under this section exceeds the amount allowed under subsection (3) of this section, the employer shall stop the withholding and send the court or the enforcing agency, as the case may be, a written notice within 15 days of stopping the withholding. The notice shall include the providing party’s name, address and Social Security number and the date the employer stopped withholding under this section.
(5) An employer is not subject to civil liability to an individual or agency for conduct or actions in compliance with a medical support notice if the employer:
(a) Is served with a medical support notice under ORS 25.327 that is regular on its face; and
(b) Complies with the provisions of the medical support notice if the notice appears to be in conformance with section 609 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1169). [2003 c.637 §7; 2007 c.878 §10]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 025 - Support Enforcement
Section 25.010 - Definitions for support enforcement laws.
Section 25.011 - "Address" defined.
Section 25.015 - When payment on support order begins; determining; notification of date.
Section 25.025 - Annual notice to parties receiving services under ORS 25.020.
Section 25.030 - When payment payable to bank account or escrow agent.
Section 25.075 - Cooperative agreements with Indian tribes or tribal organizations.
Section 25.081 - Access to records with Social Security number.
Section 25.082 - Administrative subpoenas; civil penalty; rules.
Section 25.083 - High-volume automated administrative enforcement services.
Section 25.085 - Service on obligee; methods.
Section 25.089 - Enforcement and modification of child support judgments.
Section 25.091 - Multiple child support judgments.
Section 25.095 - Later-issued child support judgment.
Section 25.100 - Designation of auxiliary court in county where party resides or property located.
Section 25.110 - Jurisdiction of designated auxiliary court.
Section 25.130 - Election of alternative support payment method; termination of election.
Section 25.160 - Referral of support cases to department; duration of collection services.
Section 25.164 - Payment of support through Department of Justice; application.
Section 25.165 - Application of support payments; rules.
Section 25.166 - Support payment due dates.
Section 25.167 - Procedure for determining arrearages.
Section 25.180 - Examination of obligor’s financial circumstances.
Section 25.200 - Arrest of obligor for failure to appear.
Section 25.260 - Confidentiality of records; rules.
Section 25.265 - Access to information in Federal Parent Locator Service; rules.
Section 25.270 - Legislative findings.
Section 25.280 - Formula amount presumed correct; rebuttal of presumption; criteria.
Section 25.290 - Determining disposable income of obligor; offsets; rules.
Section 25.321 - Definitions for ORS 25.321 to 25.343.
Section 25.323 - Medical support.
Section 25.325 - Enforcing medical support; form of notice; rules.
Section 25.327 - Service of medical support notice.
Section 25.329 - Actions required after service of medical support notice; rules.
Section 25.331 - Obligation to withhold.
Section 25.333 - Contesting medical support notice.
Section 25.378 - Payment of support by income withholding; initiation of income withholding.
Section 25.381 - Establishing income withholding as method of paying support; records.
Section 25.384 - Statement on withholding in support order.
Section 25.396 - Exception to withholding; termination of withholding; rules.
Section 25.399 - Notice of order to withhold; contents of notice.
Section 25.402 - Service of order on withholder; contents.
Section 25.405 - Contesting order to withhold; basis.
Section 25.411 - When withholding begins; payment to Department of Justice or obligee.
Section 25.414 - Standard amount to be withheld; processing fee; rules.
Section 25.501 - Definitions for ORS 25.501 to 25.556.
Section 25.503 - Parties to support proceedings; notice.
Section 25.505 - Authority of administrator and administrative law judge; rules.
Section 25.507 - Tribunals for establishment of paternity or for child support order.
Section 25.511 - Notice and finding of financial responsibility; request for hearing; order.
Section 25.513 - Hearings procedure; parties; enforcement of order; appeal of order.
Section 25.515 - Past support; consolidation in court proceeding.
Section 25.525 - Modification of order based on change in physical custody.
Section 25.529 - Filing order with court; order effective as circuit court judgment.
Section 25.531 - Multiple child support judgments.
Section 25.533 - Relief from compliance with order.
Section 25.540 - Notice of intent to establish and enforce arrearages; request for hearing; order.
Section 25.542 - Preventing transfer of assets to evade compliance with order.
Section 25.550 - Establishing paternity of child; certification of paternity issue to circuit court.
Section 25.552 - Certification of paternity issue to circuit or juvenile court; trial.
Section 25.554 - Reopening issue of paternity; order.
Section 25.556 - Expeditious court hearings.
Section 25.575 - Definitions for ORS 25.575 to 25.577.
Section 25.576 - Order for support of adjudicated youth or other offender.
Section 25.577 - Youth authority may enter into agreements for support enforcement services.
Section 25.620 - Procedures to collect past due support from state tax refunds; fees.
Section 25.625 - Federal tax offset; passport denial; rules.
Section 25.640 - Definitions for ORS 25.643 and 25.646.
Section 25.646 - Disclosure of financial records of customers by financial institutions; liability.
Section 25.650 - Information on past due support to consumer reporting agencies; rules.
Section 25.670 - Judgment lien on personal property.
Section 25.680 - Effect of lien; priority.
Section 25.710 - Duty of district attorney.
Section 25.715 - Child support paid from security deposit.
Section 25.720 - When support assignable.
Section 25.725 - Child Support Deposit Fund.
Section 25.756 - Identifying persons holding licenses, certificates, permits and registrations.
Section 25.759 - Notice to persons subject to suspension; contents.
Section 25.765 - Procedure if obligor contacts administrator within time limits; hearing.
Section 25.780 - Other licenses, certificates, permits and registrations subject to suspension.
Section 25.785 - Issuing entities to require Social Security number.
Section 25.790 - Hiring or rehiring individual; report required; contents.
Section 25.793 - Disclosure of employer-reported information.
Section 25.794 - Verification of employment; information about compensation and benefits; rules.