Income withholding orders are sent automatically to employers if the obligor’s employer is known. No delinquency in support is required. Once the notice is received by the employer, the employer must send payments to the Division of Child Support no later than 7 working days after payday. If current support and past due support is owed, the amount of the withholding is 120% of the current monthly support amount. However, not more than 50% of net income can be withheld per month. Amounts paid over the monthly support amount are applied to the arrears. Income withholding orders are sent by the Division of Child Support and the process may take up to 45 days for payments to begin.
The only objections to income withholding are an error in the amount of support owed or an error in the identity of the Obligor. To object, please send objections to the Marion County District Attorney, Family Support Division, P.O. Box 14500 Oregon Building, 494 State Street, Suite 445, Salem, OR 97309.
The only exception to income withholding is on cases that have never had an arrearage if both parties agree in writing to automatic withdrawal of support from the obligor’s bank account. This is called “Electronic Payment Withdrawal, EPW”. There are no exceptions to income withholding initiated because of an arrearage now or in the past. Contact our office to obtain forms if you think you qualify.