INCOME WITHHOLDING
11/85 Revised 03/13/26 Training Completed 03/27/26
Last Reviewed 03/30/26
The noncustodial parent (NCP) may request and administrative
review to contest the validity of income withholding if s/he believes there has
been an error in determining:
1.
The NCP's identity;
2.
The most recent support order in effect, and the date of the
order;
3.
The amount of current support ordered; or,
4.
The total amount of delinquency, if the order was issued or
modified prior to October 13, 1990.
The NCP may also contest the amount being withhold toward payment
on arrears. For information on the procedures, refer to CS 701P Payment Methods
on Past-due Support, Contesting Payment Schedule.
If the NCP wants to contest income withholding, s/he must make a
request in writing, preferably on the “Written Response Contesting Income
Withholding” form. The senior agent will conduct the review.
If the NCP wants to contest the amount of current support being
withheld, the senior agent will decide whether the correct current support
order and amount is being used. For additional information, refer to the review
process below.
If you receive a written request contesting income withholding, refer the case to your senior agent. The senior agent will
conduct an administrative review by completing the steps below.
1.
Contact the requestor and attempt to clarify the issues. If you are able to resolve the issues informally and do not conduct
a review, document the reason the review was not conducted in the case
narrative. If the NCP still wants a review and did not provide written evidence
with the written request, allow him/her 15 days to mail or deliver
documentation and evidence supporting his/her claim.
2.
If the order was issued or modified prior to October 13, 1990, and
the NCP is contesting the fact that he/she has ever been delinquent, s/he must
provide ORS with copies of cancelled checks (fronts and backs), redeemed money
orders (fronts and backs), or other evidence of payments made directly to the
CP that have not been processed through our office.
3.
Continue income withholding during the review process. If
necessary, place a hold on all funds, except
current support, to stop the payments from disbursing to the custodial
parent (CP).
4.
Set a self alert for 15 days to check for the NCP’s evidence. If
you receive documentation, proceed with the review. If you do not receive
documentation, you may contact the NCP and allow additional time for him/her to
provide documentation. If you do not receive documentation from the NCP within
a reasonable period of time, continue with the review.
5.
Decide whether to continue income withholding. Consider the
information contained in the case record and the documentation provided by the
NCP and whether the facts support a mistake of fact.
6.
Issue a “Review Decision: Incoming Withholding” within five days
of receiving the request and evidence.
NOTE: If the NCP is contesting the
total amount of delinquency, the Decision and Order should be issued within
five days of the end of both parties’ 30-day response time frame for the
“Notice of Proof of Payments.”
7.
If you continue withholding, release the hold on the withheld
money and send it to the CP or the NCP based on the review decision. (See CS
557P for more information.)
8.
Narrate all actions taken.
If the NCP is not satisfied with your decision, s/he has 30 days
from the date of the Notice of Decision to appeal the matter to the district
court.
If the NCP is working in another state, a direct withholding has
been implemented and the NCP is contesting the direct withholding, refer to CS 156P Direct Income Withholding.
If the NCP appeals the review decision to the district court,
complete the steps below.
1.
Request verification from the NCP that s/he has appealed to the
district court.
2.
Continue income withholding during the appeal process.
3.
Place a hold on all funds, except
current support, until the court has made a decision
on the appeal. This will stop payments from disbursing
to the CP.
4.
Refer
the case to the Attorney General’s Office indicating the NCP has appealed your
decision to the district court.
5.
After the court has made a ruling, release
the hold and send the payments to the party determined by the court.
The NCP is responsible for notifying the CP of the appeal and
providing the CP with a copy of any documents filed with CSS in connection with
the appeal.