Bankruptcy Exemption Citations
A Research Database... updated as time allows... Not guaranteed to be complete or up to date ... you can find pay services for that... Not a subsitute for legal advice

← Oregon Public Benefits Exemptions

Exemption: Workers' compensation to $7,500

Citation: Stat. - Or. Rev. Stat. § 656.234

.
Or. Rev. Stat. § 656.234 :
Chapter 656. Workers' Compensation (Refs & Annos)
Compensation and Medical Benefits
(Benefits, January 1, 2002, to December 31, 2004) (Refs & Annos)

656.234. Assignment or transfer of compensation; benefits subject to child support obligations

(1) No moneys payable under this chapter on account of injuries or death are subject to assignment prior to their receipt by the beneficiary entitled thereto, nor shall they pass by operation of law. All such moneys and the right to receive them are exempt from seizure on execution, attachment or garnishment, or by the process of any court.

(2) Notwithstanding any other provision of this section:

(a) Moneys payable under ORS 656.210 and 656.212 are subject to an order to enforce child support obligations, and spousal support when there is a current support obligation for a joint child of the obligated parent and the person to whom spousal support is owed, under ORS 25.378; and
(b) Moneys payable under ORS 656.206, 656.214, 656.236 and 656.289 (4) are subject to an order to enforce child support obligations under ORS 25.378.

(3) Notwithstanding the provisions of ORS 25.378 and 25.414, the amount of child support obligation subject to enforcement may not exceed:

(a) One-fourth of moneys paid under ORS 656.210 and 656.212 or the amount of the current support to be paid as continuing support, whichever is less, or, if there is no current support obligation and the withholding is for arrearages only, 15 percent of the moneys paid under ORS 656.210 and 656.212 or the amount previously paid as current support, whichever is less;
(b) One-fourth of moneys paid in a lump sum award under ORS 656.210 and 656.212 when the award becomes final by operation of law or waiver of the right to appeal its adequacy;
(c) One-fourth of moneys paid under ORS 656.206, 656.214 and 656.236; or
(d) One-fourth of the net proceeds paid to the worker in a disputed claim settlement under ORS 656.289 (4).

(4) Notwithstanding any other provision of this section, when withholding is only for arrearages assigned to this or another state, the Department of Justice may set a lesser amount to be withheld if the obligor demonstrates the withholding is prejudicial to the obligor's ability to provide for a child the obligor has a duty to support.
Last Amended: 2011
2011


Amended by Laws 1967, c. 468, � 1; Laws 1989, c. 520, � 2; Laws 1991, c. 758, � 3; Laws 1993, c. 48, � 1; Laws 1993, c. 798, � 22; Laws 1995, c. 272, � 2; Laws 2001, c. 455, � 26; Laws 2003, c. 73, � 70, eff. July 1, 2003.

§70; 2011 c.317 §2
ADVERTISEMENT -
  • Other State Citations
  • Other States on this topic

Other Oregon Exemption Citations

50 State Public Benefits Exemptions