What is a reduced income withholding?
Child support payments, including arrears, are withheld from your income based on the amount in your child support order. In some circumstances, the Child Support Program can allow a smaller amount of money to be taken from your paycheck. You must owe only past support (arrears) on the case, and you must show that withholding the full amount makes it difficult for you to pay for the needs of a child, your own basic needs, or the basic needs of other person(s) in your household.
What does the Child Support Program consider when reviewing my case for a reduced income withholding?
The Program will look at all of your finances, including:
- Your health expenses
- Any verified disability you have that affects your ability to work
- Whether your income, after other required withholding, is less than the “self-support reserve” (established by rule of the Department of Justice)
- All available resources (total household income)
- The number and basic needs of other people in your home
We will ask you to provide documentation supporting your request.
How long will the reduced income withholding last?
Your reduced income withholding is reviewed after 1 year, or sooner if there are changes to your situation.
Does the other party need to agree to the reduced income withholding?
No. If you can show your need for the reduced income withholding, it can be approved by your case manager.
I can’t afford to pay anything. Can my reduced income withholding be for $0?
No. Some level of payment is needed.
I collect only workers’ compensation or unemployment benefits. Do I qualify for a reduced income withholding?
Maybe. You must meet the criteria for reduced withholding and can show you cannot provide for your own basic needs or you cannot support a child you have a duty to support.
Can I have a reduced income withholding if I owe current support?
No. The law allows reduced income withholding when only past support is owed.
Can you still withhold from a lump-sum payment when there is a reduced income withholding in place on my regular income?
Yes, we can withhold up to 50% from any lump-sum payment.
Once I receive notice that my request for a reduced withholding is approved, when will my reduced income withholding start?
You will receive a copy of the amended withholding order when it is issued. Your employer should start withholding the new amount the first pay period after receipt of the amended withholding order.
Now that my reduced income withholding is approved, can you go back and return the money paid while this was being set up?
No. The terms begin only when the employer starts to withhold the reduced amount.
My request for a reduced income withholding was approved, and my employer is still withholding the old amount. Will that money be returned to me?
No. We will send an amended withholding order for the reduced amount to your employer when your request is approved. You will receive a copy of the amended withholding order when it is issued. Your employer should start withholding the new amount the first pay period after receipt of the amended withholding order. If that does not happen, you will need to talk to the employer.
If my child is in State care, does the Department of Human Services (DHS) or Oregon Youth Authority (OYA) need to give permission for a reduced income withholding?
No. The 2012 Annual Notice that was sent to child support customers contained an error. You do not need to get permission from the Department of Human Services or the Oregon Youth Authority. See ORS 25.414 and OAR 137-055-4130.