The ex-wife cheated and the child ends up not being his but he already has been paying child support for more than 2 years and no paternity dna test was ordered, can anything be done? A new child is on the way that is actually his.
answered on Mar 20, 2023
The answer to your question is complicated, and more information is needed.
Generally, a person has 60 days after filing a Voluntary Acknowledgement of Paternity to request that the father’s name be removed from the birth certificate, or more than 60 days if the request is based on... Read more »
I have a daughter with my ex girlfriend. We were never married and I had not claimed my daughter for my taxes this last year, but she is constantly asking me to give her my tax return as payment for child support. is there any legal action I can take for harassment?
answered on Feb 18, 2023
It is common for parents to exchange tax returns for purposes of determining whether a modification of child support is appropriate. In many custody orders, the parents are ordered to exchange this information.
If you are not subject to a court order that requires you to give yours, you... Read more »
my ex started a petition to change parenting time and custody and won custody and is now asking for thier legal fees. child support was never has never been part of this process nor in any of the motions or petitions simple custody and parenting time. i want to discharge these legal fee in a... Read more »
answered on Nov 17, 2022
First and foremost, I recommend that you consult with Counsel experienced in this type of matter in your Jurisdiction.
Second, I would say, it depends on how it is written in the State Court, because 11 U.S.C. 523(a)(15) is a catch-all for any types of Orders in the matrimonial court not... Read more »
Ex-girlfriend (mother of 2 kids) has repeatedly kicked out father and tried to ruin his reputation. She has called police and attempting to falsely get him arrested (police have not sided with her). Additionally she has kicked him out several times and is emotionally abusive to him, using the... Read more »
answered on May 5, 2022
Oregon custody laws encourage parents to share in the rights and responsibilities of raising their children so long as it is in the best interests of the children. There is a distinct difference between a custody determination and parenting time. Custody decisions are about who will have... Read more »
He has 2 kids; one lives with us full time and the other stayed with his mother and just turned 18. He moved out and is still in HS living with friend in Portland. The mother grows pot illegally in southern Oregon and the younger son living with us doesn’t want to be there. She was unemployed... Read more »
answered on Sep 28, 2021
A court has authority to modify a child support order when there has been a substantial change in economic circumstances that was not anticipated at the time of the original judgment. To determine one's income, the court considers both actual and potential income. “Actual income” means... Read more »
My wife and I are in getting divorced, neither has filed yet. The girls are with her the majority of the time as I work and she doesn't. I have them every other weekend and friday nights on the weekends I don't have them. I asked her if I could have them more and she refuses. She's... Read more »
answered on Oct 8, 2020
The presumed amount of child support in Oregon is based upon the following variables.
1. Each parent's gross income (before tax). If a parent is unemployed or underemployed, the court will determine that parent's potential income or earning capacity based upon that... Read more »
Ex wife feels she is entitled to that money so we can to know our options
answered on Sep 25, 2020
You should be able to pay support directly to your child. However, if you have an existing support order through the Department of Justice, you should make a request to the DOJ that you would like to change who your payments are made to, and the DOJ can make that change.
answered on Sep 25, 2020
If you have a current child support order in Oregon, you can work directly with the Department of Justice by making a written request, or you can motion the court for a modification.
So general information:
My boyfriend is 18, and I am 19. We are both still enrolled in highschool.
My boyfriend gets child support payments from is adoptive/legal father, not his biological father. The child support payments are I believe, $300? But basically my boyfriend's... Read more »
answered on Apr 29, 2020
Child support payments are for CHILD SUPPORT. That means they are paid to the person responsible for supporting the child, which is certainly not the child. In some cases the court allows the mother (or the father, sometimes) to continue receiving the child support for some period of time after... Read more »
He waited till he got all the money in his bank and moved in with his new girlfriend. Has not provided anything for me or house or children.
answered on Apr 21, 2020
Not sure I understand everything that is going on and you will probably have to have a one on one with a lawyer at some point to sort this out. Courts are pretty much close right now so you won't get a hearing any time soon to order him to pay support but the child support offices are... Read more »
There is a Judgment entered that I never agreed to or signed granting only visitation 3 days per week for 1.5 hours each time. My visitations were suppose to progress to more parenting time gradually; however, bio mom makes excuses as to why I can’t visit at certain times. My work schedule varies... Read more »
answered on Feb 20, 2020
It sounds like you are still following the parenting plan for a new born. At one year of age you should be able to take your child for overnight visits. You will need to pin down a consistent day on which you get your overnight visit however as it is just too hard for the other parent to... Read more »
My visitations were suppose to progress to more parenting time gradually; however, bio mom makes excuses as to why I can’t visit at certain times. My work schedule varies each week and I attempt to give 24 hr notice of my desire to visit, but often get denied by bio mom. How can I present this to... Read more »
answered on Feb 20, 2020
The main question that I have is whether there is an existing parenting time order or judgment. If there is and it specifically allows this parenting time, mother's refusal is a violation of that order or judgment. If there is not, you would need to file a petition to establish custody and... Read more »
My father filed a motion to stop payment on Dec. 9th. Dec. child support was supposed to be in my mother's mailbox on Dec. 1st, which it wasn't (because he always sent it late). He also has not paid his half of my medical bills, nor shown proof of a life insurance policy with me and my... Read more »
answered on Jan 26, 2020
You had better take a look at that child support order in the Divorce Judgment. It should say that the support once you turn 18 only has to be paid if you qualify as a child attending school as defined by Oregon Law. This means you have to be a full time student with a C average. It doesn't... Read more »
His reasoning is because he doesn’t want our child around their grandfather who has some sort of dementia or something like that at the moment because it could get hostile, but I do not think that he would be able to manage taking care of a child and a job and many other responsibilities that he... Read more »
answered on Jan 17, 2020
The first question that I have is how old is your boyfriend? There could be some criminal liability on his part. Each parent has a claim to custody of the child, but the court gives a lot of weight to the primary caretaker of the child. Obviously there is no primary caretaker at this point, as... Read more »
I need to respond but not sure if I can go through my local county court office or if I have to file online or over the phone with the court in Maine? I’d like to consult with a family lawyer.
answered on Jan 4, 2020
Look at the paperwork. If it is all related to a proceeding in Maine then you have to respond in the court in Maine. But if it is Oregon assisting a child support case from Maine then you may be able to respond in Oregon, most likely asking for an administrative hearing. The paperwork should... Read more »
My son is two his father has never paid his child support and is now trying to get back in our lives. I believe this to be harmful to my son. Does he still have his rights?
answered on Dec 29, 2019
Yes, he has the right to Petition the court to get visitation with his child. As part of any court order allowing visitation the court will also order child support. If you already have a child support order and he has not been paying, you can go to the local district Attorney and ask them to... Read more »
I currently live in Oregon. Father pays child support, but currently there is not custody agreement. Both parents were on a schedule with the child prior to the change. Mother was week days, and father was weekends. Mother changed parenting days to every other weekend. Does the father have any... Read more »
answered on Dec 16, 2019
Parents have the right to Parent. No court order is technically required to determine custody or parenting time. The reason to go to court to get an order is to balance out the rights of the parents with the assistance of the courts. So yes, as a father you do have rights. That's why you... Read more »
I'm uneducated to how the system works and I need help
answered on Nov 4, 2019
If you need help in finding an attorney, you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon (800) 452-7636 and ask for a modest means referral. There are some attorneys who are willing to represent clients at a reduced rate.
You could... Read more »
2 1/2 months ago my daughters father(we'll call him 'J') got fired from his job intentionally to bypass child support by not showing up to work. I now know from second hand that he is working under the table. (My mom received a call from J's mom, she asked if my mom had heard... Read more »
answered on Oct 27, 2019
The fact that he got fired doesn't automatically lower his support obligation. It will continue until the court orders a change. If he files to modify the support you can certainly argue that his past work history proves what his minimum earning capacity is. The court is likely to continue... Read more »
I have received the same amount of child support for seven years now. My sons father has not changed jobs and is earning the same wage as before. However, the last 5 months I have received 1/4 of the court ordered amount. I found out that his girlfriend recently filed for child support of their... Read more »
answered on Oct 9, 2019
Hopefully your support is being collected for you by Oregon's Support Enforcement. You need to call them and find out why the amount forwarded to you has gone down. Some reasons it can go down could be he didn't pay the full amount or he lost or changed jobs and the maximum they can... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.