How to Collect Child Support or Spousal Support in Oregon
In Oregon, child support is generally awarded to the parent who has the child the majority of the time to assist with housing, food, and other expenses. Spousal support, also called “alimony,” is a court-ordered payment that one spouse must make to another after a divorce. If one has an order for spousal or child support and their ex fails to meet their payment obligations, then there are several legal actions one can use to enforce their rights and collect support.
Payments for past-due child support can be taken directly from the paying parent’s wages. To withhold wages from another parent or spouse, you will need to obtain a wage-withholding order from a court or child support enforcement agency. If you are issued a wage withholding order, then both current and retroactive support will be taken from the parent’s wages until the debt is fulfilled. Up to 120% of the current support payment amount and up to a maximum of 50% of the paying parent’s income can be withheld.
For example, a monthly support order for $100 can result in $120 being withheld from a paycheck. $100 of that amount is withheld for the current support, while $20 is withheld (or 20 percent) for the back support the parent owes. After the back support the parent owes has been paid off, only the amount for the current monthly order will be taken out of their income. If the parent only owes back support, then the amount withheld will generally be the amount of the last ordered payment until the back support is paid off.
The district attorney or division of child support can also suspend various licenses, such as an occupational license, a driver’s license, or a hunting or fishing license. Licenses can be suspended until the back support amount is reduced to $2,500 or the individual agrees to a repayment plan. Additionally, passports can be revoked and the issue can be reported to credit agencies. Lastly, tax returns can be withheld to cover a child support arrearage.
Garnish Bank Accounts & Liens
If the non-paying parent or spouse has money in bank accounts or other sources of money, then they can potentially be garnished by the party seeking reimbursement. Property owned by the non-paying party is also at risk of having a lien placed on it so the land can be sold to repay the debt.