Human Services, Recovery Services

Rule R527-300

Income Withholding

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36673
Filed: 08/21/2012 04:51:42 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

IV-D income withholding is mandated under Section 62A, Chapter 11, Part 4. This rule clarifies Section 62A-11-405 by explaining how an obligee can request income withholding in cases where the obligor is not delinquent on a pre-October 13, 1990, order, or where a finding of good cause or a written agreement that income withholding is not required has been entered in the order. The rule explains the verified statement of affidavit referred to in that section. The opportunity for a review and the requirements that the Office of Recovery Services (ORS) notify the obligor of the results of the review which are addressed in that section are given needed detail. Section 62A-11-406 refers to a limitation on the amount of income that may be withheld under the Consumer Credit Protection Act, is explained more fully and it provides for withholding an amount higher than 50% point under certain circumstances. Pursuant, to Section 62A-11-406, ORS is required to notify the payor of income and the obligor of the amount of child support to be withheld. This rule provides instruction on how this notification is to be done when the payor of income has not changed and where there is a new payor of income. Termination of income withholding is addressed in Section 62A-11-408. The rule addresses specific circumstances under which income withholding should be terminated. The rule allows for the obligor to contest income withholding when it is issued by another state and registered in this state.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been received during or since the last five-year review.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The statutes under which this rule is enacted are still in effect and the rule continues to provide necessary clarification and detail for carrying out income withholding in IV-D cases. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• LeAnn Wilber at the above address, by phone at 801-536-8950, by FAX at 801-536-8833, or by Internet E-mail at [email protected]

Authorized by:

Mark Brasher, Director

Effective:

08/21/2012