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When does the state of Oregon send income withholding notices?

The state may initiate an Order/Notice to Withhold Income for Child Support to the employer within two days of learning about a noncustodial parent’s employment. An amended Order/Notice to Withhold Income for Child Support may also be issued whenever a change occurs on an existing child support case.

What if there is an existing IRS levy or a garnishment for the employee and I receive an order to withhold income for child support?

A levy from the Internal Revenue Service (IRS) takes priority over a child support income withholding order only if the IRS levy was served before the original child support order was established. Oregon law states that an income withholding order for child support has priority over any other garnishment, regardless of which was served first. Questions regarding the levy or garnishment must be directed to the issuing entity of the levy or garnishment.

Can I discipline, discharge, or refuse to hire an employee because of a child support withholding order?

No. An employer commits an unlawful employment practice if the employer discharges, refuses to hire, or in any other manner discriminates, retaliates, or takes disciplinary action against the employee because of the entry or service of a withholding order, or because of the obligations the order imposes on the employer.

Does an Order/Notice to Withhold always come from the Oregon Child Support Program or District Attorney’s office?

No. The law allows every state to send orders to employers to another state. Therefore, a notice to withhold may also come directly from another state, a private attorney, or a custodial parent. Please see the U S. Department of Human Services guide to contacts » for more information.

Will employer packets vary?

Yes. Although the income withholding order for child support should be the same from every state because it is a standardized federal form, each state has different forms that will accompany the withholding order.

What if my employee’s available disposable income is less than the pay period amount on the order?

Cash support (including spousal support) is withheld first, health care coverage premiums second, and “other” is last. If the employee has multiple notices for withholding, withhold first cash support (current and arrears) for all cases on a proportionate-share basis, then equally apply any remaining amounts to all orders with arrears. If any income is left after cash support is withheld, then withhold for the health care coverage, and “other” would follow.

Can I withhold child support from lump-sum type payments?

Yes, child support can be withheld up to 50 percent of a lump-sum payment after mandatory deductions. The definition of income is money owed to an employee and includes but is not limited to: money paid for personal services, including wages, salary, bonus, commission, pension, or retirement payments. Income received as an independent contractor, cash dividends from stocks or bonds, unemployment compensation, disability, and workers compensation benefits are all considered income as well.

If the employee is due to receive any type of lump sum or benefit, you may be required to withhold from that income. Contact Employer Services at 503-378-2868 for assistance.

How do I, as an employer, know when and how much to withhold when I receive an “Order/Notice to Withhold Income for Child Support”?

Withholding income must begin the first pay period occurring after you receive the Order/Notice to Withhold Income for Child Support (CSF 11 0210 (PDF) »). The notice informs you, as the employer, of the amount to be withheld. You must send the withheld income within seven working days of the pay date and date of withholding. Send the withheld income to the address under “remittance information” in the notice.

What is “disposable income”?

Disposable income is defined as the part of an individual’s income remaining after the deduction of any amounts required to be withheld by law. In Oregon, mandatory deductions are: federal, state and local income taxes, Social Security, Medicare, workers compensation, and any statutory retirement payments.

Can I, as an employer, charge the employee a fee for processing the withholding?

In Oregon, a fee of up to $5.00 per month per case can be charged to each employee. This fee is deducted from the employee’s remaining income and not the child support payment, unless withholding is 50 percent of the employee’s disposable income. In this case, withhold the fee from the amount you send to us or the issuer of the order and notice. Oregon law states that the amount withheld, including the employer’s fee, cannot exceed 50 percent of the employee’s disposable income.