Roseburg, OR asked in Divorce, Family Law, Child Custody and Child Support for Oregon

Q: I want to have my kids more, but my wife refuses.

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 going to file for child support also and isn't adding my nights accurately. She has a Masters Degree but refuses to get a job that uses it. I have no schooling. How will this affect the child support Ill inevitably have to pay?

2 Lawyer Answers
Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Divorce Lawyer
  • Beaverton, OR
  • Licensed in Oregon

A: 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 parent's training, education, past work and income, experience, etc. Most judges will say that a parent is capable of earning at least minimum wage unless that parent is disabled or otherwise unable to work.

2. The cost of health insurance for each parent and for the children.

3. The number of overnights the children spend with each children.

4. The cost of work-related daycare, if any.

You can access the Oregon child support calculator online by typing in "Oregon child support calculator."

In most contested cases, the court orders the presumed amount of support. You may request a change from the presumed amount of child support depending on your circumstances. You should talk with an attorney in your area for specific advice.

Jessica Larsen
Jessica Larsen
Answered
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

A: I agree with my colleague. I would add one thing though, and that is parents are entitled to 50/50 parenting time unless the objecting parent can demonstrate good reason why the other parent should not receive 50/50 parenting time. You should speak with a lawyer to determine what rights you have and develop a litigation strategy going forward.

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