Tillamook, OR asked in Family Law for Oregon

Q: If parenting plan to move out of state is agreed upon, only if child support is cut. Is that extortion?

My wife and I are trying to move from Oregon to Arizona. We met with her ex (non custodial) parent and he agreed upon a parenting plan but he will only sign if child support is cut in half.

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1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Beaverton, OR
  • Licensed in Oregon

A: No. Extortion is a crime that usually involves a threat of physical harm. You have a dispute about child support.

Oregon’s Uniform Child Support Guidelines contain a formula that takes into account the parties’ gross income, the parties’ parenting plan (the overnights), childcare costs, medical insurance costs and uninsured ongoing medical expenses in addition to several other factors. Oregon’s child support calculator is found online at www.oregonchildsupport.gov/calculator/pages/index.aspx. Once the parties’ information is inputted into the worksheets, the formula determines a presumptively correct amount of child support. The presumed amount is generally followed unless specific findings are made that the amount is unjust and inappropriate based on the facts of the particular case.

One possible factor to justify a deviation from the presumed amount is the long-distance transportation expenses related to the parenting plan.

You should consult with an attorney to determine whether a deviation from the presumed amount of support is appropriate in your case.

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