OAR 137-055-4520
Garnishment

(1) The administrator may utilize garnishment proceedings in accordance with ORS chapter 18 for the purpose of collecting past due support.
(2)(a) When the administrator receives a collection from a garnishment proceeding, the administrator will hold the collection for 40 days if the garnishee is making a payment of other than wages or 120 days if the garnishee is making a payment of wages before disbursing any amounts due a party from the collection.
(b) This requirement is to accommodate the possibility that the administrator may have to return funds from the collection to the garnishee, the obligor, or the court, as a result of the obligor or any person who has an interest in the garnished property having made a challenge to garnishment in accordance with ORS chapter 18.
(c) The administrator will waive this requirement to hold the collection, and will apply the collection to the case for immediate distribution, in any case where the obligor provides the administrator with a signed declaration under penalty of perjury expressly waiving the right to make a challenge to garnishment and requesting that the administrator apply, distribute and, as appropriate, disburse the payment immediately.
(3) Upon notice of a challenge to garnishment from the clerk of the court, the administrator will file a response to the challenge to garnishment, attaching copies of the writ of garnishment, garnishee response, debt calculation and any supporting documentation necessary or helpful to the court in making a determination of the challenge to garnishment.
(4) When a single writ of garnishment is issued for two or more cases as provided in ORS 18.645 (Writs issued by Division of Child Support or district attorney), notice of a challenge to garnishment is received and the administrator files the response required by section (3), the administrator will include copies of all judgments for which the writ is issued and a debt calculation for each referenced judgment.
(5) When the contents of a bank account are garnished and the obligor makes a timely challenge to garnishment that claims that all or some portion of the contents of the account came from lump sum payments identified in ORS 18.345 (Exempt personal property generally), the administrator may return to the obligor the exempt portion of such lump sum payments received from that account, as appropriate.
(6) When the garnishee is a credit union, the credit union may retain the par value of the garnished account, defined as the face value of an individual credit union share necessary to maintain a customer’s membership.

(7)

Notwithstanding any other provision of this rule, if the administrator determines that funds garnished from an account include Supplemental Security Income or a combination of Supplemental Security Income (SSI) and either Social Security Disability Insurance (SSDI) or Social Security Retirement (SSR) benefits and the administrator is in possession of the funds, the administrator must return any SSI or concurrent SSI and SSDI or SSR benefits to the obligor within 5 business days. If the garnished funds were already sent to the court as the result of a challenge to garnishment, the administrator will advise the court that it is holding exempt funds that should be released to obligor.

Source: Rule 137-055-4520 — Garnishment, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-4520.

137–055–1010
Applicability of Rules in OAR 137, Division 55 137–055–1020
Child Support Program Definitions 137–055–1040
“Party Status” in Court and Administrative Proceedings 137–055–1060
Uniform Application for Child Support Enforcement Services 137–055–1070
Provision of Services 137–055–1080
Fees 137–055–1090
Good Cause 137–055–1100
Continuation of Services 137–055–1120
Case Closure 137–055–1140
Confidentiality of Records in the Child Support Program 137–055–1160
Confidentiality — Finding of Risk and Order for Nondisclosure of Information 137–055–1200
Use of Social Security Number by the Child Support Program 137–055–1320
Access to FPLS for Purposes of Parentage Establishment 137–055–1360
Access to FPLS for Parental Kidnapping, Child Custody or Visitation Purposes 137–055–1500
Incentive Payments 137–055–1600
Child Support Program Participant Grievance 137–055–1700
Division of Child Support as Garnishee — Service of Writ 137–055–1800
Limited English Proficiency 137–055–2020
Case Assignment 137–055–2045
Spousal Support 137–055–2060
Cases with Contradictory Purposes 137–055–2080
Office Responsible for Providing Services when Conflict of Interest 137–055–2100
Process Service 137–055–2120
Rules for Contested Case Hearings in the Child Support Program 137–055–2140
Delegations to Administrative Law Judge 137–055–2160
Requests for Hearing 137–055–2165
Requests to Reschedule Hearing 137–055–2170
Use of Lay Representatives at Administrative Hearings 137–055–2180
Reconsideration and Rehearing 137–055–2320
Requirement for Services — Obligor Bankruptcy Situations 137–055–2340
Obligor Bankruptcy Situations in General 137–055–2360
Obligor Chapter 7 and Chapter 11 Bankruptcy Situations 137–055–2380
Obligor Chapter 12 and Chapter 13 Bankruptcy Situations 137–055–3020
Paternity Establishment Procedures 137–055–3040
Temporary Order for Support 137–055–3060
Establishing Paternity in Multiple Alleged Father Cases 137–055–3080
Responsibility of Administrator to Establish Paternity at Request of Self-Alleged Father 137–055–3100
Order Establishing Paternity for Failure to Comply with an Order for Parentage Testing 137–055–3120
Changing Child’s Surname on Birth Certificate When Paternity Established 137–055–3140
Reopening of Paternity Cases 137–055–3200
Pending Judicial Proceedings and Existing Support Orders 137–055–3220
Establishment of Past Support Orders 137–055–3240
Establishment of Arrears 137–055–3260
Correction of Mistakes in Orders 137–055–3280
Administrative Law Judge Order Regarding Arrears 137–055–3290
Entry of Contingency Orders When Child Out of Care 137–055–3300
Incarcerated Obligors 137–055–3360
Entering of Administrative Orders in the Register of the Circuit Court 137–055–3400
District Attorney Case Assignment for Modification or Suspension of Support 137–055–3410
Notice and Finding of Financial Responsibility or Modification 137–055–3420
Periodic Review and Modification of Child Support Order Amounts 137–055–3430
Substantial Change in Circumstance Modification of Child Support Order Amounts 137–055–3435
Physical Custody Changes: Adjusting Orders 137–055–3440
Effective Date of Modification Under ORS 25.527 137–055–3460
Processing Modifications When Unable to Find the Obligee 137–055–3480
Modification of a Support Order to Zero or Termination of a Support Order 137–055–3485
Establishment or Modification for a Child Who Is Approaching or Has Reached 18 Years of Age 137–055–3490
Suspension of Enforcement 137–055–3495
Redirection of Support 137–055–3500
Joinder of a New Party to a Child Support Proceeding 137–055–3620
Administrative Subpoena 137–055–3640
Enforcement of a Subpoena by License Suspension 137–055–3660
Multiple Child Support Judgments 137–055–3665
Multiple Child Support Judgments — Multiple Obligees 137–055–4040
New Hire Reporting Requirements 137–055–4060
Income Withholding — General Provisions, Requirements and Definitions 137–055–4080
Exceptions to Income Withholding 137–055–4130
Reduced Income Withholding 137–055–4160
Contested Income Withholding 137–055–4210
Withholder Penalties 137–055–4300
Support Enforcement by Methods Other than Income Withholding 137–055–4320
Collection of Delinquent Support Obligations Through the Oregon Department of Revenue 137–055–4340
Collection of Delinquent Support Obligations Through the U.S. Secretary of the Treasury 137–055–4420
License Suspension for Child Support 137–055–4440
Liens Against Personal and Real Property 137–055–4450
Expiration and Release of Judgment Liens 137–055–4455
Expiration of Support Judgment Remedies 137–055–4460
Posting Security Bond or Other Guarantee of Payment of Overdue Support 137–055–4500
Financial Institution Data Match — Reasonable Fee 137–055–4510
Financial Institution Data Matches – Insurance Claims 137–055–4520
Garnishment 137–055–4540
Passport Denial and Release 137–055–4560
Consumer Credit Reporting Agencies 137–055–4620
Enforcing Health Care Coverage and Cash Medical Support 137–055–4640
Medical Support Notice — Plan Selection 137–055–5025
Payment of Child Support to an Escrow Agent 137–055–5030
Receipting of Support Payments 137–055–5035
Payment by Electronic Funds Transfer 137–055–5040
Accrual and Due Dates 137–055–5045
Inconsistent Provisions: Body of Order and Support or Money Award 137–055–5060
Billings for Support Payments 137–055–5080
Adding Interest 137–055–5110
Child Attending School 137–055–5120
Child Attending School — Arrears 137–055–5220
Satisfaction of Support Awards 137–055–5240
Credit for Support Payments not made to the Department of Justice 137–055–5400
Obligor Receiving Cash Assistance, Presumed Unable to Pay Child Support 137–055–5510
Request for Credit Against Child Support Arrears for Physical Custody of Child 137–055–5520
Request for Credit Against Child Support Arrears for Social Security or Veterans’ Benefits Paid Retroactively on Behalf of a Child 137–055–6010
Definitions for Distribution and Disbursement 137–055–6020
Disbursement by Electronic Funds Transfer/Electronic Data Interchange 137–055–6021
Allocation, Distribution, and Disbursement: General Provisions 137–055–6022
Distribution and Disbursement 137–055–6023
Exceptions to Allocation, Distribution, and Disbursement 137–055–6024
Allocation of Collections to Multiple Cases 137–055–6026
Payment Holds 137–055–6040
Right to Hearing to Contest Amount of Assigned Support 137–055–6120
Satisfaction of Arrears for Less Than Full Payment 137–055–6200
Adjusting Case Arrears When an Error is Identified 137–055–6210
Advance Payments of Child Support 137–055–6220
Recovery of Overpayments and Collection of Receivable Accounts 137–055–6240
Dishonored Payments on Support Accounts 137–055–6260
Return of Payments to Obligor or Other Jurisdiction 137–055–6280
Refund of Improper Tax Refund Collection 137–055–7040
Central Registry 137–055–7060
Initiating Jurisdiction Responsibilities – General Provisions 137–055–7100
Interstate Income Withholding 137–055–7120
Responding Jurisdiction Responsibilities – General Provisions 137–055–7140
Oregon as Responding Jurisdiction – Establishing Paternity 137–055–7180
Determining Controlling Order 137–055–7190
Review and Modification In Intergovernmental Cases
Last Updated

Jun. 8, 2021

Rule 137-055-4520’s source at or​.us