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Oregon Child Support Questions & Answers
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
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... Read more »

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2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Oregon on
Q: My unmarried partner has threatened to kick me out, declare me an unfit parent and take our son away.

What can I do to protect myself and prove I am not unfit? I am on disability due to fibromyalgia and see a therapist for PTSD. My partner is bi-polar and has schizophrenia that he refuses to treat. Our son is autistic and requires a lot of care and patience. I am his primary caregiver. How can I... Read more »

Joanne Reisman
Joanne Reisman answered on Dec 23, 2017

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... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: I signed my daughters birth certificate & pay child support, what right do I have in Oregon. She is being kept from me

The mother of my daughter will not let me see my daughter I saw her last when she was 1, and she is now 10. She tells our daughter her husband is her father, and she will not tell her about me or let me see her. I still pay child support every month. I believe I should be able to see my daughter.... Read more »

Joanne Reisman
Joanne Reisman answered on Dec 10, 2017

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... Read more »

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

My son want to live with my ex husband because of his little sister.

Joanne Reisman
Joanne Reisman answered on Nov 28, 2017

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... Read more »

2 Answers | Asked in Divorce and Child Support for Oregon on
Q: Do I need a lawyre to ask for child support?
Nathan Held
Nathan Held answered on Nov 25, 2017

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... Read more »

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

Long story short I (the son) use to live with my father when I was a child and he received child support for me from my mother. When I was 15 he fled the country to Mexico and I moved with my mother after he did. I am now nearly 28 and my mother still gets child support taken out of her pay... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 7, 2017

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... Read more »

1 Answer | Asked in Child Support and Divorce for Oregon on
Q: I just got divorced & the judge put my income as twice what it actually is to calculate child support. Is this legal?

My tax returns and bank statements show exactly what I make but the judge put my income as double to calculate child support payments. Is this legal? There is no way I can afford to make payments this big. What can I do to get it changed? Please help. Thanks.

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 11, 2017

The judge has ruled and you are bound by the decision. You can appeal the judgment if the court's decision is not supported by substantial evidence and fewer than 30 days have elapsed since the judgment was entered. You may also file a motion to modify the order if your or the other... Read more »

1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: I currently pay child support for two children. One of them moved in with me the other moved in with a friend and the

Mother moved out of state. How should i pursue getting a modification, or stop paying all together? I believe the 17 yr old should be emancipated because she doesn't want to live with me or her mother. Should I report this to the child support office?

Joanne Reisman
Joanne Reisman answered on Sep 19, 2017

You can first see if the district attorney will help you modify the child support order at no charge. Otherwise you will need to file to modify it yourself. There are forms at the courthouse you can use but you will need an attorney to help you because you will need to get the mother's... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Oregon on
Q: I was on assistance for a short time in Oregon. My ex wasn't paying child support. Now the state of Oregon has taken

$1000's from his tax returns that were supposed to come to me for back child support. There is no possible way they gave me as many $1,000's of dollars as they have taken. Furthermore, Washington state is the only state that should have anything to do with this case. I currently have... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 14, 2017

The State gets to reimburse the State for the money the State paid you on assistance. You don't get both State assistance and child support. However, if the child support ordered monthly was greater then the monthly amount of State assistance ordered, you might be entitled to get paid the... Read more »

1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: My son is incarcerated and his exwife has submitted paperwork to the court to have his parental rights taken .

My son has no income at this time but wants to fight this request, he does not want to have his daughter taken away from him

Joanne Reisman
Joanne Reisman answered on Aug 26, 2017

The mother cannot request that your son's parental rights be taken away. What she can request is a parenting plan that may limit his right to visit with his children or which will change custody of the children if they are technically in his custody but being cared for by others while he is... Read more »

1 Answer | Asked in Child Support and Family Law for Oregon on
Q: Hi, Can legally disown my adult son in Washington County Or.? I wish to cut all legal/financial support ties with him!

He has put us through absolute hell. This SOB is no longer my son to me! I do not want him to be able to contest my will. I do not want to have to pay him child support as he claims to be a child attending school. There is a support order to pay him, but he's technically not attending school... Read more »

Joanne Reisman
Joanne Reisman answered on Aug 14, 2017

It is fairly easy to create an estate plan that will completely disinherit your son. You just have to go and see an attorney and pay for the estate planning.

The child support can be discontinued if you prove he is not attending school or he is not successfully completing enough credit...
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1 Answer | Asked in Child Support and Family Law for Oregon on
Q: Did the mother have any legal responsibility .......

to let the courts know that the child was not living with her and to pay the child support to whom ever was taking care of the child.

Scenario:

My husband has been alienated from his son for the last 16 years. His ex did everything possible to keep him from his son going so far as... Read more »

Joanne Reisman
Joanne Reisman answered on Aug 7, 2017

Asked and answered: https://answers.justia.com/question/2017/08/06/my-husband-has-been-alienated-from-his-s-302365

As far as I know there is no requirement that the mother reports when the son stops living with her and frankly it wouldn't be workable. The custodial parent is entitled...
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1 Answer | Asked in Family Law and Child Support for Oregon on
Q: My husband has been alienated from his son for the last 16 years. His ex did everything possible and seemingly

impossible to keep him from his son going so far as accusing him of molesting his son at 5 years old. His son is now 21 and has reunited with his father. What he has found out is horrendous. Not only was his son "homeless" at the age of 15 he has not been in contact with her for the last... Read more »

Joanne Reisman
Joanne Reisman answered on Aug 6, 2017

First of all, child support is only payable to the parent, it is never payable to the child with the exception that the court can order the support payable to an adult child age 18 to 21, but unless ordered it remains payable to the parent. Second, you can't retroactively modify child support... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: Ex racked up medical bills before order was signed & let them go past due, do I owe for bills before court order signed?

My ex took my daughter to the doctor several times this year. We just got a custody battle settled, and in the new court order, I agreed and am required to pay half of my daughter's medical bills. However, my ex failed to disclose that she had outstanding bills that she had not paid. Am I... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Jun 27, 2017

The answer probably depends on the commencement date for child support as set forth in the General Judgment of Dissolution of Marriage. There may be other relevant provisions in your judgment. If you do not have a copy of your general judgment, you should get one from the court or from your... Read more »

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: How do I find bank accounts I think my child's parent is trying to hide during a child suppprt/ parenting plan mod.

Going to court to have child suppprt amount adjusted. The other parent has not disclosed their employment on the uniform support declaration. It is a new job they started a couple months ago. Is not reflected on past taxes.

I also believe credit card accounts are not being disclosed.... Read more »

Joanne Reisman
Joanne Reisman answered on Jun 4, 2017

There are several ways to get information when involved with a legal matter. The best way to approach this is to consult with an attorney and discuss what methods will be the most efficient and economical. One method is to send a document called a request for production of documents and the... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: Hello. I need to change jurisdiction from FL to OR. How do I do this?

My daughter and I moved here 2 years ago with my ex's permission. He is now threatening to take me back to court so I would like some help in what both our rights are. Thank you very much.

Joanne Reisman
Joanne Reisman answered on May 31, 2017

The fact that a Florida Court originally heard your case and did the orders about your child's custody isn't critical to whether you can live in Oregon or not. If your husband still lives in Florida the Florida court will normally continue to have jurisdiction over the case and hear any... Read more »

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1 Answer | Asked in Bankruptcy and Child Support for Oregon on
Q: When filing Ch. 7 bankruptcy in OR, is it mandatory to report the bankruptcy to the OR DOJ Child Support Division?
David Earl Phillips
David Earl Phillips answered on May 3, 2017

Under the 2005 Bankruptcy Law it became necessary to notify child support creditor and the State Child Support Enforcement Office of a bankruptcy filing. If you owe child support this is mandatory even if you are current in your payments. Your lawyer is required to give the addresses of these... Read more »

1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: If we are paying child support to ex spouse but she doesn't have the children can we stop support?

We are taking one of the 2 children, the other child doesn't live with ex spouse either

Joanne Reisman
Joanne Reisman answered on Apr 2, 2017

There isn't enough information to answer the question. If the child who isn't living with either parent is over age 18 but under age 21 and attending school, the payee parent may still have the right to collect support for that child even if that child is away at school, but the order... Read more »

1 Answer | Asked in Family Law and Child Support for Oregon on
Q: My ex wife had my two kids. 7 months back she gve my son to me. Being garnished.she owe me that money back?

She has only provide health insurance, no support. Not returning my money. Said it for the $3000 back I was. I paid that off in full. Is she stealing that from me / the state / her son. I pay her and support him 100% more like 112.5 %

Joanne Reisman
Joanne Reisman answered on Mar 18, 2017

It is your obligation as the payor of the support to initiate a modification of the support order when the situation of where the children are living changes. The original judgment for child support continues in full force until it is modified. So any money that she has received she can keep... Read more »

1 Answer | Asked in Child Support and Criminal Law for Oregon on
Q: I have WA, child support case. My X received assistance in OR, now I have 2 child support cases. Can they do that?

?

Vincent J. Bernabei
Vincent J. Bernabei answered on Feb 27, 2017

No. There should be only one support order. If the WA order was entered first, that order is the controlling order. Oregon may be enforcing that WA order, but it should not enter a new order unless the WA order has expired or is no longer effective.

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