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What should I do if the employee says the information on the income withholding order is wrong?

Employers are not responsible for answering questions about the information on the income withholding order. Refer the employee to the enforcing agency that issued the notice. Please do not refer the employee to Employer Services. The income withholding order remains in effect until you are notified by an authorized representative of the issuing agency to stop or amend the withholding amount.

Can I verify the balance owing on my employee’s case for payroll purposes?

You may contact the issuing agency, or if the withholding is from an Oregon entity, the Employer Services at the Oregon Child Support Program.

What if my employee wants to make a voluntary deduction for child support, or increase the amount withheld in excess of the income withholding order?

The employee would need to contact the assigned child support agency, either the Oregon Child Support Program or another state’s child support agency. You, as the employer, are required to withhold the amount noted on the income withholding order. An employee can make additional payments by personal check or money order to the issuing agency.

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.

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.

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.

If my employer temporarily closes, will they still send in my child support payment? (posted 5-10-2022)

Your employer is responsible for withholding child support from any earnings you receive and sending those withheld payments to the Oregon Child Support Program. If you are experiencing unpaid time off, you should make other arrangements to pay your support obligation.

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.