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FILED: June 1, 2011

IN THE COURT OF APPEALS OF THE STATE OF OREGON

ERLENE LYNN GELLATLY,
aka Erlene A. Gellatly,

Petitioner below,

and

STATE OF OREGON,
by and through the Division of Child Support, Support Enforcement,

Petitioner-Appellant,

v.

ROBERT IRA GELLATLY,

Respondent-Respondent.

Columbia County Circuit Court
023078
A142409

Steven B. Reed, Judge.

Argued and submitted on March 08, 2011.

Denis M. Vannier, Assistant Attorney General, argued the cause for appellant. With him on the briefs were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Robert P. VanNatta argued the cause for respondent. With him on the brief was VanNatta & Petersen.

Before Haselton, Presiding Judge, and Armstrong, Judge, and Duncan, Judge.

PER CURIAM

Reversed.

PER CURIAM

Petitioner seeks review of a Columbia County Circuit Court order that directed the Division of Child Support of the Department of Justice to withdraw an income-withholding order that the division had issued to the Social Security Administration to enforce respondent's child support obligations. The income-withholding order directed the Social Security Administration to deduct the amounts that respondent owed for child support from his Social Security payments and to pay those amounts to the division. Respondent challenged the income-withholding order in circuit court. The court held a hearing on the challenge on April 27, 2009, and two days later issued an opinion letter in which it concluded that the income-withholding order had to be withdrawn.

The court noted in its letter that "ORS 25.405 sets out the rules for contesting an order to withhold and makes it clear at ORS 25.405(2) [that] the only basis for contesting the order to withhold is a mistake of fact." ORS 25.405(2) defines "mistake of fact" as "an error in the amount of current support or arrearages, or an error in the identity of the obligor." The court then turned to ORS 25.245 (2007), amended by Or Laws 2009, ch 80,