Oregon Child Support Questions & Answers

Q: What do I get for the child support I pay to the other party?

1 Answer | Asked in Family Law and Child Support for Oregon on
Answered on Dec 17, 2018
Jessica Larsen's answer
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 an accounting to you. If you feel what you pay is not justified because you spend roughly an equivalent amount of time with your child as the other parent, you may use the child support calculator on...

Q: How can we enforce travel to be split on a child visitation that is out of state

1 Answer | Asked in Child Support for Oregon on
Answered on Dec 6, 2018
Daniel DiCicco's answer
You need a parenting plan that specifies who pays. This is a common component of any Oregon child custody and parenting time case.

Q: Can I deny court mandated visitations if I feel there's a threat of harm?

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Oregon on
Answered on Nov 28, 2018
Jessica Larsen's answer
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 party the paperwork for your modification or until the modification is complete.

Q: violating parenting plan, fraudulently collecting child support

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Answered on Oct 23, 2018
Jessica Larsen's answer
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 participate in reunification counseling. If your ex does not comply, you can file for contempt, or request a change of custody. Many of these forms are available at your local courthouse, and you can...

Q: I am divorced from my wife after succumbing to addiction for the first 5 years of my sons life. Now 2 years sober.

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Answered on Oct 2, 2018
Jessica Larsen's answer
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.

Q: Is it legal in Oregon to force one father to pay for his and another fathers child?

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Answered on Jul 16, 2018
Vincent J. Bernabei's answer
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 increase your child support obligation. Whether the father of one of mother's other children is actually paying child support should not affect your child support obligation under the presumed amount of support.

Q: Can I do anything legally to a 27 yr old trying to talk to my 18 yr old daughter?

1 Answer | Asked in Family Law, Child Support, Communications Law and Sexual Harassment for Oregon on
Answered on Apr 3, 2018
Joanne Reisman's answer
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 you want. Maybe there is some type of intermediate house rules you and she can agree to that will improve the situation but not go to the point where asking her to move out is the only solution.

Maybe a...

Q: my daughter agreed to 50-50 custody when she left her childens father, tried to change to 60-40 now gets nothing.

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Answered on Feb 19, 2018
Joanne Reisman's answer
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 office and find out why they don't think she is eligible for TANF. I suspect that the social worker is confused as to how child support is calculated. Often times the non-working parent will be assigned...

Q: 16 years ago I had a one night stand with a woman and recently, the local child support agency contacted me.

1 Answer | Asked in Child Support and Family Law for Oregon on
Answered on Feb 12, 2018
Joanne Reisman's answer
Get a blood test and find out if the child is yours first. It may not be. Please understand that this women may not actually know that you are the father. What happens is that when someone applies for welfare the State may force the to name a father as a condition of receiving government benefits because the State's position is that two parents have to support a child before the State picks up the bill. So this is probably being driven by a State Agency looking for reimbursement. The women...

Q: what do i do if i feel my attorney help my ex wife in the final judgment then me

1 Answer | Asked in Child Custody and Child Support for Oregon on
Answered on Jan 19, 2018
Joanne Reisman's answer
Go and talk to another attorney about your situation. Show them your divorce papers and explain why you think that your attorney didn't do a good job of representing you and get a second opinion. It may be that your attorney did an excellent job but there wasn't really a way to make you completely happy because the other possible outcomes might not have been better for you. Sometimes clients just don't understand that an attorney is supposed to help you understand what the law and a Judge is...

Q: Are there any Pro Bono lawyers and/or options for custody/child support cases in central oregon?

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Answered on Jan 18, 2018
Joanne Reisman's answer
You can get free assistance for establishing child support anywhere in Oregon. Just go to the District Attorneys office in the county you live in. For Custody parenting time you can find forms at your local courthouse or on line that you can use to file. It would of course be better to have the assistance of a lawyer. Unfortunately legal aid services are hard to obtain these days as there simply isn't funding to handle all the cases. Look up LASO (Legal Aid Services of Oregon) on the...

Q: My husband and I have been separated for a yr and I have the kids. Can I file married filing sep. And claim the kids

2 Answers | Asked in Child Support, Divorce and Tax Law for Oregon on
Answered on Jan 15, 2018
Joanne Reisman's answer
Is this a question about your how to file your tax return? Assuming it is, the courts generally prefer that a couple that haven't gotten divorced yet look at the way to save the most taxes. You and your husband should agree to have an accountant or CPA prepare your return both ways - married separate and married joint. Often the married joint will save the most taxes, but usually that is for the person with the higher wages. Then you negotiate a way to share the tax benefit. For example,...

Q: I received a letter and I don't understand it. the end says " I herby authorize the parentage test money award indicated

1 Answer | Asked in Family Law, Child Custody, Child Support and Collections for Oregon on
Answered on Dec 31, 2017
Joanne Reisman's answer
Heck if I know. Please don't quote a single sentence out of a letter with no explanation of the full situation and expect some attorney to risk malpractice by giving an anonymous stranger legal advice on the internet. It getting good legal advice is important to you, you need to contact an attorney directly and make an appointment. Yes you will probably have to pay for the consultation but you can go to see an attorney for as little as $35 if you use the Lawyer referral program at the Oregon...

Q: How do I proceed in getting parenting rights established?

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Answered on Dec 28, 2017
Joanne Reisman's answer
You won't have any problem being involved in the child's life once the child is born and paternity is established. You do have to wait until the child is born however. If the mom will let your name be added to the birth certificate then your fatherhood will be legally establishes. However, women can be very hormonal during a pregnancy and sometimes suffer from extreme hormonal swings after the child birth. I would suggest that you stop worrying about your rights as a father and back off...

Q: Is it legal for my sister in law to leave her 4 kids home alone? Ages 15,12,9&6. 15 has mental instability right now.

2 Answers | Asked in Divorce, Child Custody and Child Support for Oregon on
Answered on Dec 23, 2017
Joanne Reisman's answer
The child support ordered, which is an inevitable part of getting divorced, can include money for professional child care to the extent that the children can't be left home with their older sibling. Your brother could end up paying A LOT OF MONEY for child care. So you really need to be careful what you wish for.

Q: My unmarried partner has threatened to kick me out, declare me an unfit parent and take our son away.

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Oregon on
Answered on Dec 23, 2017
Joanne Reisman's answer
It sounds like the problem is you choosing to stay with your abusive partner. Your partner has now power to take your son away. He can report whatever he wants to children's services. If you move out with your son and go to a stable living environment I can't imagine that children's services will want to take your son away. What is wrong here is that you allow yourself and your son to live with this abusive mentally ill person. Now it would help to get counseling to help you view the...

Q: I signed my daughters birth certificate & pay child support, what right do I have in Oregon. She is being kept from me

2 Answers | Asked in Child Custody, Child Support and Family Law for Oregon on
Answered on Dec 10, 2017
Joanne Reisman's answer
Unfortunately the legal process to establish parenting time is often separate from the process that establishes child support. That is because the State has a federal mandate to pursue and collect child support any time someone requests any type of state assistance or even if the just ask the State to establish child support. As getting child support established is a free service that people get from the State, nothing more will happen unless you initiate it. Fortunately Oregon has free...

Q: Is it possible for my soon to be ex husband ask for child support and parenting plan for a child that is not legallyhis

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oregon on
Answered on Nov 28, 2017
Joanne Reisman's answer
If someone meets the requirements of a psychological parent, https://www.oregonlaws.org/ors/109.119, they could petition the court to be awarded custody or parenting time, but they are rarely awarded custody. Preference is given to placing children with their biological parents. Anytime that a child is placed in the care or custody of someone it is possible that the court could order the biological parent to pay some type of support because the biological parent has a legal duty to support...

Q: Do I need a lawyre to ask for child support?

2 Answers | Asked in Divorce and Child Support for Oregon on
Answered on Nov 25, 2017
Nathan Held's answer
No, you do not need a lawyer to ask for child support. You can submit your own "petition for custody and support" in an Oregon circuit court where the child is located. Most courts' webpages should have printable forms for submitting to the court and the fee should be $0. But a lawyer can help you navigate the process that can be complicated and may require presentation of evidence and testimony in court in front of a judge if the other parent challenges your petition for custody and support....

Q: I've lived with my mother since I was 15. She still pays child support to my father who fled country. What can we do?

1 Answer | Asked in Child Custody and Child Support for Oregon on
Answered on Nov 7, 2017
Joanne Reisman's answer
Your mother is the person with legal standing to deal with this. She need to get an attorney to assist her and figure out if the payments are for money owed because she didn't pay the full amount of the child support when it was originally due and payable to your father for the time you lived with your father (arrerage) or if the money is owing for the time you moved in with your mother in which case she can move the court to give her credit for having cared for you when you moved in and that...

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