Use this Oregon child support law to learn about your
child support rights and responsibilites.
How is Oregon child support determined?
In Oregon, either or both parents may be ordered to provide
child support. In determining child support the courts will consider:
- all earnings, income and resources of each parent, including
real and personal property
- the earnings history and potential of each parent
- the reasonable necessities of each parent
- the ability of each parent to borrow
- the educational, physical and emotional needs of the child
for whom the support is sought
- the amount of assistance which would be paid to the child
under the full standard of the states IV-A plan
- pre-existing support orders and current dependents
- any social security or veterans' benefits paid to the child
as a result of the parent's disability or retirement
According to Oregon's guidelines, the child is entitled to
benefit from the income of both parents to the same extent that he or she would
have if the family had remained intact. Both
parents should share in the costs of supporting the child in the same
proportion as each parent's income bears to the combined income of both
parents.
Child support in Oregon must also be determined to insure, as a
minimum, that the child being supported benefits from the income and resources
of the absent parent on a fair basis in comparison with any other minor
children of the absent parent.
There are official Oregon Child Support guidelines, designed to
be in the best interests of the child, that the courts use to help determine
the correct amount of child support. These guidelines will be followed, unless
the parents have agreed to a child support amount approved by the court, or the
court finds these guidelines unjust for a particular case. The formula used in
the guidelines to determine each parent’s support obligation is based on
the combined income of both parents and then determines each parent’s pro
rated share of the base support amount.
At what age does child support payments end?
Generally, the obligation ends when the child reaches 18 years
of age or 21 years of age if the child is in school half-time or more.
Oregon's custody guidelines:
In determining the custody of a minor child, primary
consideration is given to the best interests and welfare of the child. The
court will award joint or sole custody based on the best interests of the child
after considering factors including but not limited to:
- the emotional ties between the child and other family
members
- the interest of the parties in the child and their attitudes
toward the child
- the desirability of continuing an existing relationship
- the abuse of one parent by the other
- the preference for the primary caregiver of the child if the
caregiver is deemed fit by the court
- 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 abusive behavior against the parent or a child
The court will not award sole or joint custody of a child to a
parent who has committed abuse against the other parent or a child.
No preference in custody shall be given based solely on gender.
Oregon's medical insurance guidelines:
All child support orders and any modifications of those orders,
require that the obligor shall name the subject child as the beneficiary on any
health insurance plan that is available (under the terms of an applicable
contract) to the obligor at a reasonable cost.
Health insurance is considered reasonable in cost if coverage
for the child is employment related insurance or other group health insurance
which is available at a monthly cost not to exceed the amount of the monthly
child support obligation.
The obligor cannot be ordered to pay the other parent for
out-of-pocket child health care costs totaling more than what would be the
obligor's share of the insurance if the insurance were reasonable in cost.
If health insurance is not available to an obligor at the time
a child support order is entered, the order shall include a provision requiring
the obligor to provide health insurance in the future when health insurance
becomes available to the obligor.
How permanent are the provisions for Oregon child support
and custody ?
Court orders providing for support and custody of children are
subject to change or modification based upon a substantial change in
circumstance.
While all orders concerning the children are modifiable in the
future, we encourage you to not enter into an agreement based on the idea that
it can always be changed or modified later.
Wage garnishment for child support payments:
Most states, including Oregon, have a provision for withholding
child support directly from the earnings of the parent who has been ordered to
provide support. In some cases, the courts will order the support to be
withheld. The payments are withheld much like income tax is withheld from
earnings payments.
This way of paying and receiving child support is generally
easier for both parties and considered a very dependable solution. The way it
typically works is, once the support is withheld, it is then sent to the state
agency authorized to receive and disburse payments. Once it has been verified
that the support was paid, it is then sent to the parent designated to receive
the support.
If a non-custodial parent can show that they are providing more
than 50 percent of the support for dependents not included in the court order
from a second marriage, and is not in arrears, no more than 50% of their
disposable income can be attached if they cannot pay the full court-ordered
amount of both orders.
That number goes to 55% if the non-custodial parent is in
arrears, 60 percent for a person only providing support to dependents under the
current order, and 65% for a person who is in arrears and paying only on the
current order.
How does joint custody work?
Joint custody is an arrangement by which parents share rights
and responsibilities for major decisions concerning the child, including but
not limited to the child's residence, education, health care and religious
training.
An order providing for joint custody may specify one home as
the primary residence of the child and designate one parent to have sole power
to make decisions about specific matters while both parents retain equal rights
and responsibilities for other decisions.
The court will not order joint custody unless both parents
agree to the terms and conditions of the order. When parents have agreed to
joint custody in an order or decree, the court may not overrule that agreement
by ordering sole custody to one parent.
Modification of a joint custody order requires the showing of
changed circumstances and the showing that the modification is in the best
interests of the child.
How Oregon determines child visitation:
Generally, parents are free to visit with their children at all
times that are mutually agreed to by both parents. However, when parents cannot
agree to exactly when visitation will occur, the standard visitation schedule
accepted most everywhere in the nation is:
- every other weekend
- four to six (4-6) weeks during the summer
- alternating holidays
Step-by-Step Self-help Book for Dealing with Unfair and Illegal Debt Collection Tactics!
Does your heart stop every time the phone rings? Are you afraid to answer the phone at home and at work? Do you dread opening the mail? Are you being called by debt collectors who use abusive language to bully and intimidate you?
Stop the Harassment Now! With this self-help book by your side, you'll be equipped to handle all kinds of debt collection issue from nasty phone calls to stopping harassment. Arm yourself with over 130 pages of effective strategies for stopping debt collectors who use illegal, unethical and unfair collection tactics. If you're dealing with any type of debt collection issue, then you need this self-help book! Learn more...
If you've fallen behind on your
bills, especially credit cards, don't panic. You may have several good options
available to you. Your success starts by assessing your current situation and
finding a trusted service provider that is licensed in your state.
How iDebtAssistance.com Works:
Find out if bankruptcy is
right for you: FREE Legal
Evaluation
Rich's Enterprises, L.L.C.,
Prattville Alabama
Legal Disclaimer |
Sitemap | Search
Site
Child support home
>> Child Support Statute of
Limitations >> Oregon child support law |