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Oregon Child Support Questions & Answers
0 Answers | Asked in Child Support and Family Law for Oregon on
Q: SSDI pays 50% to my child that does not live with me for his beneficiary payment. What happens if I went back to work?

If I went back to work and lost my benefits, my ex does not have a judgement for child support but if she took me to court for child support once she lost those SSDI child beneficiary benefits, could the judge make me pay the same amount she was getting for him each month from his child beneficiary... View More

0 Answers | Asked in Family Law and Child Support for Oregon on
Q: I owe back child support claim was opened on the 7th of this month.

I'm supposed to get a check from renters insurance can child support take that check if nothing went through the courts

2 Answers | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: My son's father pays child support because i gave child support all of his information on his place of employment. He c

Can have visits but does not and does not call or check in regularly, sometimes 2 weeks without contact. If I were to petition to change his surname to mine or add to his via hyphen, would I have to get content from the father?

T. Augustus Claus
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answered on Jan 1, 2024

In Oregon, changing a child's surname typically requires the consent of both parents, unless the court determines that such a change is in the child's best interest. If you want to change your son's surname, you would generally need to seek the father's consent. However, if the... View More

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1 Answer | Asked in Family Law, Tax Law and Child Support for Oregon on
Q: The kid ends up not being the father's child but no paterniry dna test was ordered, what can the father do?

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.

Vincent J. Bernabei
Vincent J. Bernabei
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...
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1 Answer | Asked in Tax Law and Child Support for Oregon on
Q: Can anyone ask about my tax return?

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?

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Child Custody, Child Support and Bankruptcy for Oregon on
Q: can i discharge legal fees that are awarded for a custody but specifically NOT for support that i owe the other party,

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... View More

Stuart Nachbar
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Stuart Nachbar
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...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: In OR state what does a father need to prove/document to receive full custody in a split from child's mother (unmarrie

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... View More

Vincent J. Bernabei
Vincent J. Bernabei
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... View More

1 Answer | Asked in Cannabis & Marijuana Law, Child Support and Divorce for Oregon on
Q: My fiancé’s ex wife is growing pot illegally and not reporting earnings to IRS in Oregon. We are paying child support…

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... View More

Vincent J. Bernabei
Vincent J. Bernabei
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... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Oregon on
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... View More

Vincent J. Bernabei
Vincent J. Bernabei
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...
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1 Answer | Asked in Family Law and Child Support for Oregon on
Q: I am looking to change a child support claim, but the obligee currently resides in another state, what is the procedure?
Jessica Larsen
Jessica Larsen
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.

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: Son just turned 18 and is at basic for army. Will go to school for ROTC. Can we now pay him directly? Located in Oregon

Ex wife feels she is entitled to that money so we can to know our options

Jessica Larsen
Jessica Larsen
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.

2 Answers | Asked in Child Support, Family Law and Tax Law for Oregon on
Q: Can my boyfriend get child support payments paid directly to him since he is 18?

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... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
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... View More

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1 Answer | Asked in Tax Law, Family Law and Child Support for Oregon on
Q: My spouse claimed me and our two kids on taxes and stimulus payment then moved and kept all of our money. Is this legal?

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.

Joanne Reisman
Joanne Reisman
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... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: Need to file a motion to modify parenting time (specifically to overnights) and lower child support in Washington Co OR

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... View More

Joanne Reisman
Joanne Reisman
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... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: I’m attempting to get more parenting time (overnights specifically) and lower my exorbitant child support in Oregon.

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... View More

M. Nicole Clooten
M. Nicole Clooten
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... View More

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: My father is trying to stop paying me child support. I can't attend the hearing. What do I do?

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... View More

Joanne Reisman
Joanne Reisman
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... View More

3 Answers | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: What can I do as a pregnant teen, if the father of my child wants to sue me for full custody of our unborn child?

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... View More

M. Nicole Clooten
M. Nicole Clooten
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... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: I was served a motion to modify my divorce papers and child support from my ex in the state of Maine. I live in Oregon

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.

Joanne Reisman
Joanne Reisman
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... View More

1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: If the father has never paid child support does he have parental rights with no court order?

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?

Joanne Reisman
Joanne Reisman
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... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: Can parents of the chid change agreed upon parenting days without custody? There is no court ordered custody agreement.

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... View More

Joanne Reisman
Joanne Reisman
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... View More

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