Navigating Child and Spousal Support Amidst COVID-19 in Oregon

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Understanding Support Obligations During the Pandemic

As the COVID-19 pandemic continues to affect employment across the nation, many Oregonians are facing significant financial challenges. This has led to numerous inquiries regarding whether child and spousal support obligations will remain unchanged. Under current Oregon law, all child and spousal support payments must continue as ordered unless a court modifies them.

Modifying Support Due to Income Changes

If you have experienced a job loss or a decrease in income due to the pandemic, you may be eligible for a modification of your support obligation. In Oregon, it is crucial to file for a modification promptly after experiencing a change in circumstances. The courts are currently accepting motions for modification; however, some counties may delay signing show cause orders or setting hearing dates until restrictions are lifted. For more detailed information on modifying your child support or spousal support , please consult with an attorney who specializes in these matters.

Impact of Unemployment Benefits on Support Payments

For those who have filed for unemployment benefits, it's important to understand that if you owe child support, a portion of these benefits might be garnished. Typically, if your child support is deducted directly from your paycheck as per your judgment, similar deductions will occur from your unemployment benefits.

Economic Stimulus Payments and Support Obligations

The CARES Act provided economic stimulus payments—$1, 200 per adult and $500 per qualifying child—to many Americans. Although these payments do not count as income under federal law, they can be intercepted by state agencies to cover outstanding child support debts.

Seeking Legal Guidance During COVID-19

If you have questions about your ongoing support obligations or need assistance with filing for modifications during this unprecedented time, our attorneys at Pacific Family Law Firm are available for remote consultations. We encourage anyone facing financial difficulties related to their family law matters during the pandemic to reach out for professional legal advice. Contact us today to ensure that your rights and obligations are addressed appropriately.

Categories: Alimony/spousal Support (alimony) Child Support Child Support Modification Family Law Oregon Family Law Spousal Support Modification
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Frequently Asked Questions (FAQ's)

Can I modify my child support payment after my divorce has been finalized?
In Oregon it is possible to modify your child support payments if there has been a significant change in circumstances since the original order. This may include changes in income, cost of living, or the needs of the child. You must file a motion with the court that issued your original support order and provide evidence of these changes.
What is the process for modifying child support in Oregon?
To modify child support in Oregon, you must file a motion to modify with the court that issued the original order. You will need to show a substantial change in circumstances, such as changes in income, parenting time, or the needs of the child. Once filed, both parties will be notified and may attend a hearing where a judge will decide whether to grant the modification.
How often can I request an Oregon child support modification?
In Oregon, there is no specific limit on how often you can request a child support modification. However, you must have experienced a significant change in circumstances since the last order was issued or modified. It's recommended to wait at least one year between requests unless there's an urgent reason for an earlier review.
What if my ex-spouse moves out of state?
If your ex-spouse moves out of state but still owes you child support payments, Oregon courts can enforce orders by coordinating with other states through interstate cooperation agreements. The Uniform Interstate Family Support Act (UIFSA) ensures that appropriate measures will still be taken to collect any due payments.
Can I modify my child support order if I've moved to another state?
Yes, you can still seek a modification of your Oregon child support order even if you've moved out of state. You will need to file your request with the appropriate court that issued the original order and follow their specific procedures for out-of-state modifications.
Can spousal support be modified in Oregon?
Yes, spousal support can be modified in Oregon if there is a substantial change in circumstances since the original order was entered.
What happens if I don't pay my modified child support?
Failure to pay your modified child support can result in severe consequences such as wage garnishment, driver's license suspension, tax refund interception or even contempt of court charges leading potentially to jail time. It's important always to make payments according to the terms set forth by the court.
Is there any limit on how often I can seek modifications of spousal support orders in Oregon?
There is no specific limit; however, courts are unlikely to repeatedly modify orders unless there are ongoing significant changes in circumstances justifying such modifications.
Can I seek retroactive modifications of spousal support orders?
Oregon courts generally do not grant retroactive modifications; however, exceptions may be made in certain circumstances, such as when a party was unable to request a modification due to disability or extreme hardship.
How long does it take to modify child support in Oregon?
The time it takes to modify child support in Oregon can vary depending on the complexity of your case, court schedules, and whether both parties agree on the modification. Generally, you should expect the process to take several months from filing a motion to receiving a final ruling.
Can child support orders be modified?
Yes, child support orders can be modified if there has been a significant change in circumstances since the last order was established or reviewed. Examples include changes in income, custody arrangements or costs related to raising the child(ren). A petition to modify must be filed with the court that originally established the order.
How is child support calculated in Oregon?
Child support in Oregon is calculated using the Child Support Guidelines, which consider both parents' gross income, potential income, and expenses for childcare and health insurance. The guidelines also factor in the number of children involved, custody arrangements, and any extraordinary medical or educational expenses. The final amount will be determined by a judge if both parties cannot agree on an amount.

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We work hard to stay up to date on the law and developments in Oregon family law and divorce law that may help our clients. Our firm maintains a policy of "information first" for the client, so we make every effort to share information with the public and clients. Our blog covers topics from the frequently asked questions (FAQs) that Oregon family law and divorce Lawyers encounter to news headlines that impact attorneys who help injured people. If there is a topic you would like to see covered, let us know, and we'll add it to our list of subject matter!

Understanding the CARES Act: Implications for Oregon Families | Top Oregon Family Law and Divorce Attorneys

Understanding The Cares Act: Implications For Oregon Families

Explore how the CARES Act impacts Oregon families, particularly in divorce situations, focusing on tax implications and stimulus payments.

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