CHILD & SPOUSAL SUPPORT

Child support is often one of the most difficult stumbling blocks in any divorce. Because most people live from paycheck to paycheck, the sudden introduction to child support to someone’s budget is a frightening proposition. Conversely, the thought of raising children without the financial support of the non-custodial parent is an even more frightening.

Child Support calculations are extremely complicated. There are many factors to consider when calculating support. For example, a key component to any child support calculation is the gross monthly income of both parents. Also important is the amount of care each parent provides to the children. This is often expressed in the number of overnights each parent has with the children. Additional factors are considered when either parent seeks a deviation for the standard child support calculation. Consequently, you should always consult with a qualified family law attorney to review your rights when paying or receiving CHILD SUPPORT.

Important Links:

State of Oregon Child Support Division - http://dcs.state.or.us/

State of Washington Division of Child Support - http://www1.dshs.wa.gov/dcs/index.shtml

Child Support Questions:
(Child Support Matters are extremely complicated, and rarely have black and white answers. You should always consult an experienced family law attorney)

Q. The father of my child and I were never married. Does he have to pay child support?

A. Generally yes. Oregon law provides that all parents have an obligation to financially support their children who are unable to support themselves. ORS 109.010.

Q. I am behind on my court ordered child support, and the mother of my children is denying me my parenting time because I can’t pay her. Can she do this?

A. Absolutely not. It is well established Oregon law that one parent cannot withhold children from the other parent if that other parent is behind or not paying child support. In fact, most courts consider the willfully withholding of parenting time a violation of the court’s order, and a contemptible action.

Q. I currently receive child support from the father of my children. He is behind on his support, and he recently told me that he is filing bankruptcy. Will I loose my child support in his bankruptcy?

A. Not all debts are dischargable in a bankruptcy, and generally child support payments are exempt from discharge. Bankruptcy is an extremely complicated matter, and it is important that you consult with an experienced family law attorney for questions on the interaction between bankruptcy and support payments.

Q. I recently lost my job, and I am unable to pay my court ordered child support. Can I get a modification of the support amount?

A. ORS 107.135 grants the court authority to modify existing child support orders. If you are able to show a unanticipated change in circumstances, generally the court will modify your child support payments. In making its determination the court will look at the reasons you circumstances have change, and any bad faith on your part to avoid paying support. If child support is at issue in your divorce, you should consult with an experienced family law attorney.