Lawyers, Answer Questions  & Get Points Log In
Oregon Child Support Questions & Answers
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... Read 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... Read 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... Read 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... Read 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 siblings as... Read 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 mean... Read 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... Read 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... Read more »

View More Answers

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... Read 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... Read 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... Read 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 might... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Oregon on
Q: Is there a lawyer whom does or would be willing to help me for almost nothing?? I desperately need help

I'm uneducated to how the system works and I need help

Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 4, 2019

If you need help in finding an attorney, you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon (800) 452-7636 and ask for a modest means referral. There are some attorneys who are willing to represent clients at a reduced rate.

You could also...
Read more »

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 from him and was... Read 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 the... Read 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... Read 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 garnish is... Read 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 court can... Read 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... Read 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 living... Read 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 the... Read 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 be... Read 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... Read 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 exercises... Read 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... Read 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... Read 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 can do... Read 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 pay... Read 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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.