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Oregon Child Support Questions & Answers

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 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 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 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 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 »

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... Read more »

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... Read 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 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 daughter that he'd... Read more »

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... Read 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.... Read more »

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... Read 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... Read more »

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 not sign... Read more »

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 increase your... Read 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 him. I believe him... Read more »

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 you want. Maybe... Read 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 providing... Read more »

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 office... Read more »

1 Answer | Asked in Child Support, Family Law and Child Custody for Oregon on

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

I don't remember her, I think I met her at a bar? She is claiming i'm the father of her child. The paternity has not been confirmed however, what rights do i have? I've confirmed through the paperwork, i'm not on the birth certificate. Can I sue her for keeping the child a secret after all... Read more »

Joanne Reisman answered on Feb 12, 2018

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... Read more »

1 Answer | Asked in Child Custody and Child Support for Oregon on

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

i have ask two more attorney they say he did a really bad job

Joanne Reisman answered on Jan 19, 2018

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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on

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

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

Joanne Reisman answered on Jan 18, 2018

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... Read more »

2 Answers | Asked in Child Support, Divorce and Tax Law for Oregon on

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

We are in the process of divorce. And he abandoned me and the kids has not been part of their life for a year

Joanne Reisman answered on Jan 15, 2018

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... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Collections for Oregon on

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

above to be credited to be credited and satisfied in full. All sums due have been paid or otherwise satisfied in full and the judgement debtor does not owe any further sums to the state of oregon in connection with the money award for parentage cost". what does this mean

Joanne Reisman answered on Dec 31, 2017

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... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on

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

My partner and I split early in the pregnancy (due in one month), things have got worse between us despite my efforts. I’ve contributed in every way I can short of handing her cash (I.e, split any bills for child care or doctors, set up my nursery, bought all big items for her nursery, bought her... Read more »

Joanne Reisman answered on Dec 28, 2017

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... Read more »

1 Answer | Asked in Family Law and Child Support for Oregon on

Q: I live in Portland Oregon and was never married to my kids father and neither one of us has went to court to establish c

He has been lieing to DHS to get cash assistance and now they are coming after me for child support, I have done and sent everything they have ask of me to prove she lives with me but they still favored him and are making me pay child support when my daughter lives with me. How do I stop this

Joanne Reisman answered on Dec 26, 2017

You initially get paperwork that is only proposed child support. You need to request an administrative hearing and at the hearing put on your evidence. Then if things don't go well, you will be given an amount of time by which you can file an appeal. The appeal will move the case into regular... Read more »

2 Answers | Asked in Divorce, Child Custody and Child Support for Oregon on

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.

15 year old has already been placed on suicide once in the last few months and states he doesn't want to be responsible for his younger siblings. My brother and her are divorcing and the kids keep texting him she keeps leaving them alone while he's at work. Is this legal?

Joanne Reisman answered on Dec 23, 2017

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... Read more »

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