UCA 62A-11-405; R527-300
The non-custodial parent (NCP) may request and administrative review to contest the validity of income withholding if s/he believes there has been an error in determining:
1. the NCP's identity;
2. the most recent support order in effect, and the date of the order;
3. the amount of current support ordered; or,
4. the total amount of delinquency, if the order was issued or modified prior to October 13, 1990.
The NCP may also contest the amount being withhold toward payment on arrears.
If the NCP wants to contest income withholding, s/he must make a request in writing, preferably on the “Written Response Contesting Income Withholding” form. The senior agent will conduct the review.
If the NCP wants to contest the amount of current support being withheld, the senior agent will decide whether the correct current support order and amount is being used.
If you receive a written request contesting income withholding, refer the case to your senior agent. The senior agent will conduct an administrative review by completing the steps below.
1. Contact the requestor and attempt to clarify the issues. If you are able to resolve the issues informally and do not conduct a review, document the reason the review was not conducted in the case narrative. If the NCP still wants a review and did not provide written evidence with the written request, allow him/her 15 days to mail or deliver documentation and evidence supporting his/her claim.
2. If the order was issued or modified prior to October 13, 1990, and the NCP is contesting the fact that he/she has ever been delinquent, s/he must provide ORS with copies of cancelled checks (fronts and backs), redeemed money orders, or other evidence of payments made directly to the CP that have not been processed through our office.
1. Continue income withholding during the review process. If necessary, place a hold on all funds, except current support, to stop the payments from disbursing to the custodial parent (CP).
2. Set a self alert for 15 days to check for the NCP’s evidence. If you receive documentation, proceed with the review. If you do not receive documentation, you may contact the NCP and allow additional time for him/her to provide documentation. If you do not receive documentation from the NCP within a reasonable period of time, continue with the review.
3. Decide whether to continue income withholding. Consider the information contained in the case record and the documentation provided by the NCP and whether the facts support a mistake of fact.
4. Issue a Notice of Decision within five days of receiving the request and evidence.
a. “Notice of Decision: Terminating Income Withholding;” or,
b. “Notice of Decision: Continuing Income Withholding.” This also notifies the NCP of his/her right to appeal the decision to the district court.
NOTE: If the NCP is contesting the total amount of delinquency, the Decision and Order should be issued within five days of the end of both parties’ 30-day response time frame.
5. If you continue withholding, release the hold on the withheld money and send it to the CP or the NCP based on the review decision.
6. Narrate all actions taken.
If the NCP is not satisfied with your decision, s/he has 30 days from the date of the Notice of Decision to appeal the matter to the district court.
If the NCP appeals the review decision to the district court, complete the steps below.
1. Request verification from the NCP that s/he has appealed to the district court.
2. Continue income withholding during the appeal process.
3. Place a hold on all funds, except current support, until the court has made a decision on the appeal. This will stop payments from disbursing to the CP.
4. Refer the case to the Attorney General’s Office indicating the NCP has appealed your decision to the district court.
5. After the court has made a ruling, release the hold and send the payments to the party determined by the court.
The NCP is responsible for notifying the CP of the appeal and providing the CP with a copy of any documents filed with CSS in connection with the appeal.