Key Takeaways:
- After a divorce, Oregon generally awards child support to the custodial parent.
- Child support in Oregon covers any factors that contribute to a child’s care.
- To determine payments, the court considers the children’s needs, as well as each parent’s income and ability to pay.
- Factors such as debt, regular payments (e.g., union dues or spousal support), and other financial obligations are also relevant.
- In Oregon, you can request a hearing to present evidence to rebut a proposed amount.
- While modifications to support orders are possible, they are a difficult and often expensive proposition.
- The best way to prevent needing a modification later is to dispute the amount before it becomes final.
- Child support typically continues until the child turns 18 or graduates from high school, whichever occurs last.
- Child support may continue until age 21 if the child attends post-secondary school. This includes community colleges, four-year universities, and trade schools.
When it comes to divorce, both parents remain responsible for sustaining any children, and part of this often takes the form of child support.
These ongoing payments provide for the continuing financial benefit of any minor children. In Oregon, child support is often one of the biggest post-divorce expenses you encounter. With that in mind, here are the answers to the most common and frequently asked child support questions we hear.
Who Is Entitled To Child Support in Oregon?
After a divorce, Oregon generally awards child support to the custodial parent. These payments cover the general care and well-being of children under 18. In certain circumstances, these payments may also continue until the child turns 21 or beyond.
What Does Child Support Cover?
Wide-ranging, child support covers anything that contributes to a child’s care. These payments entail all the necessities.
This includes:
- A safe, secure place to live.
- Food.
- Medical coverage.
- Child care.
- Educational needs.
- Clothing.
If it plays a part in caring for and raising a child, it falls into this category.
While child support covers the needs, it doesn’t necessarily cover the wants. Extras can factor into the decision, but ultimately, the court considers only the necessities.
Related Reading: Do Courts Ever Award Split Custody?
How Do Courts Determine Child Support in Oregon?
A variety of factors determine the amount of child support payments in Oregon.
The court considers the children’s needs, as well as each parent’s income and ability to pay. Factors such as debt, regular payments (e.g., union dues or spousal support), and other financial obligations are relevant. There’s a formula for figuring out child support.
What Constitutes Income?
When determining child support, the courts look at your gross income. As opposed to your take-home pay, this number is what you earn before any deductions. This includes the monthly salary before taxes. It also accounts for other income sources, like bonuses or commissions.
Does A New Spouse’s Income Impact Child Support?
After a divorce, it’s common to establish a new household with a new spouse or partner. One question that arises is whether or not this person’s income impacts your child support payments.
In general, no, this doesn’t change your child support obligation under Oregon law.
Only your income and your ex’s income are included in the calculation. That said, it’s rare, but in some situations, the court may consider a household’s overall financial situation. That can include income from a new spouse or partner.
Related Reading: What is a Status Quo Order?
Can You Modify Support Payments?
Child support payments are often substantial and create financial hardship for the payer. The good news is that it is possible to modify a child support agreement. The bad news, however, is that it’s difficult.
The best way to handle this is to dispute the amount before it becomes final.
In Oregon, you can request a hearing to present evidence to rebut a proposed amount. This goes both ways. Either parent can use this opportunity to argue that the number should be higher or lower.
Things become more difficult once the court orders child support. The amount can be adjusted after the fact, but it’s a more time-consuming and complex process. Not to mention expensive.
If there’s been a significant change in circumstances, you can petition the court to modify.
Most often, these changes result from job loss, but there are other cases. A new baby is one example, as is a substantial shift in the amount of time your child spends with you. In cases like this, the court may alter the payment amount.
Though possible, the courts are often reluctant to modify child support orders, even if you prove a dramatic change in income. That’s why it’s so important to take the time to get it right the first time and make sure it is an amount you can live with long-term.
Related Reading: How Does A Child Support Modification Work?
When Does Child Support End?
In general, child support continues until the child turns 18 or graduates from high school, whichever comes later. However, there are situations in which it continues beyond that date.
Under ORS 107.108, child support in Oregon may continue until age 21 if the child attends school. This covers a broad spectrum of educational possibilities. It includes high school, community college, and four-year universities.
Professional, vocational, and technical training designed to increase employment prospects also falls under this umbrella. As do GED programs.
Additionally, if a child has special needs and requires ongoing parental care, the court may order that payments continue indefinitely.
Child support in Oregon and elsewhere is complex and depends on many factors. These are just a few common questions you may encounter during the process. It is such a substantial expense that it’s vital to know what you’re getting into.
Related Reading: How Does College Affect Child Support?
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