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Oregon Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for Oregon on
Q: My child's father intentionally started working under the table, can he get support lowered and can my mom be a witness.

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... View More

Joanne Reisman
Joanne Reisman
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... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oregon on
Q: Can the amount of child support be changed without notifying the parent who receives it?

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... View More

Joanne Reisman
Joanne Reisman
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... View More

1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: If the father isn't on the birth certificate, do I already have sole custody? Do I need to file for it? How do I file?

I know who the father is but he won't comply with child support and I need to apply for custody of both of our kids. He is only on 1 birth certificate. I need to know how I do that. I have custody forms but it asks for paternity. We were never married.

Joanne Reisman
Joanne Reisman
answered on Oct 9, 2019

Go to the child support division of your local district Attorney's office and apply for assistance with child support. They will take care of both child support and proving paternity. Once paternity is established you can use the court forms to apply for custody. Just be aware that the... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Oregon on
Q: i saw the runaway laws when ur 17 the law cant do anything? In oregon
Joanne Reisman
Joanne Reisman
answered on Sep 8, 2019

You are a minor under your parents custody and care until you are age 18. Running away isn't a crime but it is a situation that is a safety concern for the minor child so the authorities can intervene and take the juvenile into protective care. That said, sometimes older children end up... View More

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: The Division of Child Support say's I owe over $16.000 dollars in back child support. How can I find out if that is true

And how can I find proof of the payments to my ex. and how can i correct this and stop it from garnishing my wages if i believe it not to be true.

Joanne Reisman
Joanne Reisman
answered on Sep 9, 2019

Retrace the payments you made then request a printout of the payments processed by the division of child support and compare the two. If you paid by check then go back to your bank and get bank records. If your payments were from wage withholding then go back to your employer and request your... View More

1 Answer | Asked in Child Support, Gov & Administrative Law, Small Claims and White Collar Crime for Oregon on
Q: If my employer takes money out of my check for a draw and there's no signed document giving permission can I ask 4 it b

Can I make him pay it back and can I make him pay back all money taken out of my checks this way ? If so how far back can I make him pay me? He wasn't showing draws on my check stubs for two years . He was taking hours away from my pay to pay himself back. I demanded he pay my hours and show... View More

William Jaksa
William Jaksa
answered on Sep 2, 2019

He could be breaking the law, BUT it sounds more like a small claims or employment matter. That being said, there are some things that you need to consider. There doesn't need to be a written and signed document for you and your employer to have an agreement, but that is always best. You could... View More

1 Answer | Asked in Child Support and Family Law for Oregon on
Q: Can I get retroactive child support from a father who refused to have anything to do with his kid?

I have a 3 year old son whose father wasn't determined until he was 1 years old. When the father learned of him he wanted nothing to do with us. My son is now 3 and half years old and his bio father has suddenly shown an interest in having a relationship with my son. Can I request back child... View More

Joanne Reisman
Joanne Reisman
answered on Jul 6, 2019

Your child support will generally only go back to the date that the support proceeding is initiated but can continue until your child is age 21 if the child stays in school after turning 18, is a full time student, and earns at least a C average. It doesn't matter if the father wants to... View More

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: Can my ex get back child support when there has never been a support order. I just heard from her after 10 years.

She left 10 years ago with my 2 kids (one child Im not sure about paternity). I had no idea where she was until yesterday, Now she says she wants support, and that Im going to owe her for the past ten years unless we come to some agreement. We were never married. She is married and living in... View More

Joanne Reisman
Joanne Reisman
answered on Jun 17, 2019

Generally speaking she would only be able to get child support from the date that you are served with papers to establish child support and going forward. That's what normally happens although there may be some exception that I am not aware of. Since this would likely be handled by the child... View More

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: I had to pay child support. My child lived with me from age 16 to 18 and I never modified the order. Child is now 21.

I owe arrears child support and I want a credit for the 2 years I had the child. Can I go back and have it changed so my ex has to pay me child support for the 2 years I had my child and was still being charged child support?

Joanne Reisman
Joanne Reisman
answered on Jun 13, 2019

You can ask Support Enforcement to give you credit for child support you were paying or would have paid during the time your child lived with you. (You might need to hire an Attorney to help you.) You can't go backward and ask your ex to pay for support for that time period. The best you... View More

1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: What should I do if mother had a stroke recently?

My youngest daughter will move with me full time until mother recovers which might be a long time. Should I file for child support from her?

Joanne Reisman
Joanne Reisman
answered on Apr 13, 2019

If you were ordered to pay support while the child lived with the mother then you definitely want to modify the support so you don't continue to be liable for payments while your daughter lives with you. That would involve also recalculating the support so yes, the mother may end up having to... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: If I accept child support does it entitle the father to more visitation rights?

We do not have a court ordered visitation schedule but I limit him to when and where he can see our kids (due to a history of mental illness). If I accept child support that he is offering will he be entitled to standard visitation?

M. Nicole Clooten
M. Nicole Clooten
answered on Feb 1, 2019

The short answer is no. He would have to file with the circuit court to obtain court-ordered visitation.

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: I'm 21 yrs old. How I can get the child support my father was court ordered to pay, but he did not?
Jessica Larsen
Jessica Larsen
answered on Jan 31, 2019

You would want to follow up with the Oregon Department of Justice, Child Support Division. They handle most child support cases and can collect from the father. If that does not work, or the father is not ordered to pay through the Department of Justice, you would likely need to file a motion to... View More

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: What do I get for the child support I pay to the other party?

My child is with me one day less than paid party every week. The other party being paid never sends any provisions a long(spare clothes, shoes, etc) most of the time i never get through on phone to talk to my child - no call backs or phones full of messages. My understanding is the party being paid... View More

Jessica Larsen
Jessica Larsen
answered on Dec 17, 2018

You present a few issues here. The first and most relevant answer I can offer is that you get nothing for paying child support. The purpose of paying child support is to support your child on the days they are not with you. The paid parent may use the money as they see fit and do not have to offer... View More

1 Answer | Asked in Child Support for Oregon on
Q: How can we enforce travel to be split on a child visitation that is out of state
Daniel DiCicco
Daniel DiCicco
answered on Dec 6, 2018

You need a parenting plan that specifies who pays. This is a common component of any Oregon child custody and parenting time case.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Oregon on
Q: Can I deny court mandated visitations if I feel there's a threat of harm?

My 8 yr old daughter's father was in prison for 6 years for assault with a deadly weapon & strangulation of his pregnant (now ex) wife. He had not been in contact with my child for almost 7 years. He got out this year & came to Oregon to see her for a week. He convinced me & our... View More

Jessica Larsen
Jessica Larsen
answered on Nov 28, 2018

You can be held in contempt if you fail to abide by the parenting time established in your judgment. I think your best course of action if you believe your child is in danger is to file an immediate danger motion which could temporarily suspend parenting time until you are able to serve the other... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: violating parenting plan, fraudulently collecting child support

I have paid child support for two years and we had a court ordered parenting plan with joint custody. She has blocked all contact with me, last i knew she put my daughter with her grandparents and has my son (collecting child support for both), but refuses to contact me or let me see either child.... View More

Jessica Larsen
Jessica Larsen
answered on Oct 23, 2018

You want to file a Motion to Enforce the Parenting Plan. This will allow a judge to review your judgment and the evidence to determine if your ex violated the parenting plan. If the judge finds that she has, he can order her to resume contact and visitation. He can also require that the children... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: I am divorced from my wife after succumbing to addiction for the first 5 years of my sons life. Now 2 years sober.

While I was out of state completely neglecting my responsibilities as a father she filed for divorce and sole custody. The order says I need 1 year of sobriety and to start paying child support. I have hair follicles for 2 years but I can’t afford the max amount I was charged with for child... View More

Jessica Larsen
Jessica Larsen
answered on Oct 2, 2018

You would need to file a Motion to Modify Child Support and Parenting Time. The court staff typically has self-serve packets that you can fill out and submit, or you can hire an attorney to start the process for you.

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: Is it legal in Oregon to force one father to pay for his and another fathers child?

I currently am going thru custody an essentially did not like the outcome the court gave me. But essentially what I'm getting at is that im wondering if it's legal for a father in oregon to sign his parental rights away, so that way he does not have to pay child support. But I myself did... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 16, 2018

You cannot sign away your responsibility to pay child support unless the child is adopted by another person. Your monthly support obligation is based upon your and mother's incomes, and should take into account that mother has two "non-joint" children. This factor could actually... View More

1 Answer | Asked in Family Law, Child Support, Communications Law and Sexual Harassment for Oregon on
Q: Can I do anything legally to a 27 yr old trying to talk to my 18 yr old daughter?

There is a 27 yr old trying to e-mail to my daughter, who just turned 18, I watch her e-mail account. I've already told him once not to talk to her, but he's attempted to get in contact with her again now that she's turned 18. She's adolescent and wants to have a friendship with... View More

Joanne Reisman
Joanne Reisman
answered on Apr 3, 2018

Well she is legally an adult so you can't control who she talks to directly but if she is living in your house and you are supporting her you can lay down your house rules. However that might mean asking her to move out if she won't comply and I don't think that is the end result... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: my daughter agreed to 50-50 custody when she left her childens father, tried to change to 60-40 now gets nothing.

when my daughter tried to gain more custody time so she can benefit from TANf and get job search assistance and a decent amount of child support, the child support office cut her off to zero support stating they both earn minimum wage. she doesn't have a job. he is a contractor and is not... View More

Joanne Reisman
Joanne Reisman
answered on Feb 19, 2018

There appears to be some confusion here. DHS which administers welfare, TANF and other benefits for low income people has nothing to do with setting or collecting child support. I don't have expertise in how they calculate income so I would suggest you go with your daughter to the field... View More

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