Or. Admin. Code § 150-018-0020

Current through Register Vol. 64, No. 1, January 1, 2025

Section 150-018-0020 - Oregon Department of Revenue Other Agency Account Garnishments

(1) Under ORS 293.250, the Department of Revenue may render assistance to recover delinquent debts owed to any entity listed in ORS 293.250(2) that is assigned by the entity to the department for collection, including actions to continuously garnish up to 25 percent of an individual's nonexempt disposable earnings.

(2) Under ORS 18.385(5), an order to withhold amounts for child or spousal support under ORS 25.378, 419B.408, or 419C.600, or ORS Chapter 110 ("child or spousal support withholding") reduces an individual's nonexempt disposable earnings. The disposable earnings subject to garnishment are the remaining nonexempt disposable earnings after subtracting the amount withheld for child or spousal support.

(3) Under ORS 18.385(2) or 18.385(6), an individual's nonexempt disposable earnings subject to garnishment for the period is calculated by reducing the individual's disposable earnings for that period by the amount of disposable earnings exempt from garnishment. The amount of disposable earnings exempt from garnishment is the greater of 75 percent of the disposable earnings for the period under ORS 18.385(1) or the minimum exemption amount under ORS 18.385(2) or 18.385(6).

Or. Admin. Code § 150-018-0020

REV 7-1998, f. 11-13-98 cert. ef. 12-31-98; Renumbered from 150-23.185-(A) by REV 8-2002, f. & cert. ef. 12-31-02; Renumbered from 150-23.186-(A), REV 11-2004, f. 12-29-04, cert. ef. 12-31-04; REV 11-2007, f. 12-28-07, cert. ef. 1-1-08; REV 4-2011, f. 12-30-11, cert. ef. 1-1-12; Renumbered from 150-18.385-(A), REV 7-2016, f. 8-10-16, cert. ef. 9/1/2016; REV 8-2019, amend filed 12/11/2019, effective 1/1/2020; REV 53-2024, amend filed 12/26/2024, effective 1/1/2025

Statutory/Other Authority: ORS 305.100

Statutes/Other Implemented: ORS 18.385 & 293.250