Child Support

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1. Talk to Attorneys

In most firms it is the staff that handles the bulk of your case. You end up dealing with paralegals, assistants, or clerks instead of the attorney you signed up with. At Pacific Family Law Firm, assistants may handle paperwork and occasional informational calls, but most of the time you will be working with your actual trial attorney.

2. Streamlined Representation

Our office and divorce attorneys have built the firm from the ground up with efficiency in mind. Paperless, custom-built data centers for instant access to all file information, and flexible communication by phone, email, and even secure instant messaging. We want you to be able to participate as part of the team in your case.

3. Honest Assessment of Case

Far too many divorce and family law "mills" are simply out to settle your case as fast as possible so they can move on the next one. Pacific Family Law Firm was founded by lawyers who are used to the courtroom and don't run from it. If getting you the right result means taking the matter to a trial, we will do it. If you are ready for a trial, we won't back down either.

Child Support?

Our lawyers are ready to help with your child support case.

Oregon Child Support Is Generally Required

The state of Oregon has a policy of ensuring that children are provided for by parents to the extent possible. In most cases involving minor children, Oregon family law requires that a one (or even sometimes both) parties pay child support for the benefit of those children.

Oregon uses a calculator to determine child support.

Because of the formula underlying Oregon's child support calculator, it is most common that the parent who has less parenting time with the children will be required to pay child support to the other parent.

The Oregon child support calculator is available for use by anybody and is based upon formulas determined by law. The primary factors include: - the parties' gross income; - the parenting time of each party; - the cost of health care for the children; - any childcare costs; and - work-related union dues paid by each parent. The amount returned by the formula is presumed to be the right amount of child support ordered by the Court. Even so, the presumptive amount can be adjusted by context-specific "rebuttal factors," which may increase or decrease the amount of ordered child support.

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Child Support
Frequently Asked Questions (FAQ's)

How long does a parent have to pay child support?
In Oregon, a parent generally has to pay child support until their child turns 18 years old or graduates high school (whichever occurs later), but no later than 21 years old if still attending high school full-time at 18 years old. However, this duration may vary under certain circumstances such as disability; it's best to consult with an attorney about your specific situation.
Can I collect back-child-support from my ex-spouse?
Yes, you can collect unpaid past-due amounts of back-child-support from your ex-spouse through legal means such as wage garnishment and property liens among others after obtaining judgement from Court establishing overdue payments.
How do custody arrangements affect child support?
Custody arrangements impact child support because the amount of time each parent spends with the child(ren) affects their financial responsibility. Joint or shared custody may result in a reduced obligation for the non-custodial parent, as parenting responsibilities and expenses are more evenly divided.
Can a stepparent be held responsible for child support?
In most cases, stepparents are not legally required to pay child support unless they have legally adopted the child(ren). However, if a stepparent has assumed significant responsibility for raising the child(ren), their income may be considered when determining the biological parents' ability to pay.
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.
What happens if a parent does not pay their court-ordered child support?
If a parent fails to pay their court-ordered child support obligation, they could face enforcement measures such as wage garnishment, seizure of tax refunds or property liens. Additionally, they may face contempt of court charges that can result in fines or even jail time for severe cases.
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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Useful Oregon Statutes For
Child Support

Ex Parte Temporary Custody Or Parenting Time Orders


ORS 107.097(2)

...

(a) A party may apply to a court for a temporary protective order of restraint by filing with the court an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, conforming to the requirements of ORS 109.767. (b) Upon receipt of an application under this subsection, the court may issue a temporary protective order of restraint restraining and enjoining each party from:

(A) Changing the child’s usual place of residence;

(B) Interfering with the present placement and daily schedule of the child;

(C) Hiding or secreting the child from the other party;

(D) Interfering with the other party’s usual contact and parenting time with the child;

(E) Leaving the state with the child without the written permission of the other party or the permission of the court; or

(F) In any manner disturbing the current schedule and daily routine of the child until custody or parenting time has been determined.


Read Full Text: ORS 107.097

Parenting Plan


(1) In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), there shall be developed and filed with the court a parenting plan to be included in the judgment. A parenting plan may be either general or detailed.

(2) A general parenting plan may include a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have.

(3) A detailed parenting plan may include, but need not be limited to, provisions relating to:

(a) Residential schedule;

(b) Holiday, birthday and vacation planning;

(c) Weekends, including holidays, and school in-service days preceding or following weekends;

(d) Decision-making and responsibility;

(e) Information sharing and access;

(f) Relocation of parents;

(g) Telephone access;

(h) Transportation; and

(i) Methods for resolving disputes.


Read Full Text: ORS 107.102

Provisions Of Judgment


ORS 107.105 is a huge statute that provides detailed provisions governing not only the provisions of a divorce or separation judgment but also provisions regarding attorney fees. Rather than quote select parts, the statute may be reviewed in its entirety at the link below.


Read Full Text: ORS 107.105

Vacation Or Modification Of Judgment


(1) The court may at any time after a judgment of annulment or dissolution of marriage or of separation is granted, upon the motion of either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Division of Child Support when required under subsection (9) of this section:

(a) Set aside, alter or modify any portion of the judgment that provides for the appointment and duties of trustees, for the custody, parenting time, visitation, support and welfare of the minor children and the children attending school, as defined in ORS 107.108 (Support or maintenance for child attending school), including any health or life insurance provisions, for the support of a party or for life insurance under ORS 107.820 (Support order as insurable interest) or 107.830 (Physical examination may be ordered);

(b) Make an order, after service of notice to the other party, providing for the future custody, support and welfare of minor children residing in the state, who, at the time the judgment was given, were not residents of the state, or were unknown to the court or were erroneously omitted from the judgment;

(c) Terminate a duty of support toward any minor child who has become self-supporting, emancipated or married;

(d) After service of notice on the child in the manner provided by law for service of a summons, suspend future support for any child who has ceased to be a child attending school as defined in ORS 107.108 (Support or maintenance for child attending school); and

(e) Set aside, alter or modify any portion of the judgment that provides for a property award based on the enhanced earning capacity of a party that was awarded before October 23, 1999. A property award may be set aside, altered or modified under this paragraph.

...


Read Full Text: ORS 107.135

Factors Considered In Determining Custody Of Child


(1) Except as provided in subsection (6) of this section, in determining custody of a minor child under ORS 107.105 (Provisions of judgment) or 107.135 (Vacation or modification of judgment), the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:

(a) The emotional ties between the child and other family members;

(b) The interest of the parties in and attitude toward the child;

(c) The desirability of continuing an existing relationship;

(d) The abuse of one parent by the other;

(e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and

(f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

...


Read Full Text: ORS 107.137

Proceeding To Determine Custody Or Support Of Child


(1) If a child is born to an unmarried person and parentage has been established under ORS 109.065 (Establishing parentage), or if a child is born to a married person by a person other than the birth mother’s spouse and parentage between the person and the child has been established under ORS 109.065 (Establishing parentage), either parent may initiate a civil proceeding to determine the custody or support of, or parenting time with, the child. The proceeding shall be brought in the circuit court of the county in which the child resides or is found or in the circuit court of the county in which either parent resides. The parents have the same rights and responsibilities regarding the custody and support of, and parenting time with, their child that married or divorced parents would have, and the provisions of ORS 107.094 (Forms for restraining order and request for hearing) to 107.449 (Transfer of proceeding under ORS 107.135 to auxiliary court) that relate to custody, support and parenting time, the provisions of ORS 107.755 (Court-ordered mediation) to 107.795 (Availability of other remedies) that relate to mediation procedures, and the provisions of ORS 107.810 (Policy), 107.820 (Support order as insurable interest) and 107.830 (Physical examination may be ordered) that relate to life insurance, apply to the proceeding.

...


Read Full Text: ORS 109.103

Services

Pacific Family Law Firm is focused on one area of law: family law. From divorces to child support to spousal support to custody modifications, we're ready to help. Whether your your case has been open for years and is having a judgment modified, or if you have never had an lawyer before and are just figuring out how to proceed with a divorce or other family change, we will take care of you.

Oregon Family Law & Divorce Blog

At Pacific Family Law Firm in Oregon, staying current on the latest developments in Oregon divorce and family law topics is a top priority. 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 Attorneys encounter to news headlines that impact Oregon families. 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!

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The Oregon Child Support Calculator is a tool that uses a set of guidelines to determine the "presumptively correct" amount of child support a parent is to pay or receive. The calculator considers factors such as the gross income of both parents, the number of children involved, and the amount of parenting time each parent has. Although the amount given by the calculator is considered presumptively correct, the Court has the authority to adjust the final amount based on other factors. In Oregon, child support is mainly paid through payroll deduction, but other payment methods are available.

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