§ 25.331 Obligation to withhold

Codes > Oregon Revised Statutes > Title 2 > Chapter 25 : Coverage of > 25.331

25.331. Obligation to withhold

    (1) Upon notification from the plan administrator that the child is enrolled in the health benefit plan, the employer shall withhold from the providing party's compensation the providing party's share, if any, of premiums for the health benefit plan. The employer shall forward the amount withheld as required by the health benefit plan.

    (2) The withholding required by a qualified medical child support order or a medical support notice is a continuing obligation. The qualified medical child support order or medical support notice and the withholding remain in effect and are binding upon the employer until further notice from the court or the enforcing agency.

    (3)(a) An amount withheld by an employer in compliance with a withholding order issued for monetary support and a qualified medical child support order or medical support notice may not exceed 50 percent of the providing party's net disposable income.

        (b) Notwithstanding paragraph (a) of this subsection, upon the motion of a party and after a hearing, the court may order the withholding of more than 50 percent of the providing party's net disposable income. However, the amount withheld may not exceed the amount allowed under section 303(b) of the federal Consumer Credit Protection Act (15 U.S.C. 1673(b)).

    (4) If a providing party's compensation drops to a level at which withholding under this section exceeds the amount allowed under subsection (3) of this section, the employer shall stop the withholding and send the court or the enforcing agency, as the case may be, a written notice within 15 days of stopping the withholding. The notice shall include the providing party's name, address and Social Security number and the date the employer stopped withholding under this section.

    (5) An employer is not subject to civil liability to an individual or agency for conduct or actions in compliance with a medical support notice if the employer:

        (a) Is served with a medical support notice under ORS 25.327 that is regular on its face; and

        (b) Complies with the provisions of the medical support notice if the notice appears to be in conformance with section 609 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1169).