Seattle, WA asked in Family Law for Oregon

Q: I live in Oregon 3 children 5,8,11 have an agreement to pay cs, ex is going on ssdi does that affect me pos. Or neg?

Just curious if this affects me such as I still have to pay or can get it modified to less? I am a low income pay earner at present

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
  • Portland, OR
  • Licensed in Oregon

A: Once your ex qualifies for SSDI the children under age 18 will also be entitled to get social security checks I believe. So the child support needs to be recalculated using your ex's SSDI, your income, and somehow the SS payments to the children also need to be factored in. I would have to look at the calculator and the Oregon Administrative Rules to see how they want any additional social security payments for the children to be entered on the calculator. It might be worth having an Attorney do a dry run calculation to see if it's worth your while to pursue a modification. Also make sure your ex is going to apply for SS for the children.

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