Ensuring fair financial support for your children's needs.
Oregon uses a formula-based approach to calculate child support, considering both parents' incomes and the amount of parenting time each has. This ensures a consistent and fair approach to supporting children's financial needs.
The guidelines take into account factors including gross income of both parents, the number of children, childcare costs, health insurance costs, and the parenting time schedule.
Oregon provides an online calculator to estimate child support amounts. However, actual amounts may vary based on specific circumstances and any deviations the court may approve.
Child support is intended to help cover the basic needs of children, including:
"Child support ensures that children maintain an appropriate standard of living in both households."
Child support orders can be modified when there's a significant change in circumstances. Common reasons for modification include:
If you believe your child support order should be modified, we can help you understand your options and navigate the process.
Oregon uses a specific mathematical formula to calculate child support, as established in ORS 25.275. This income shares model considers the gross income of both parents, the number of children, the amount of time each parent spends with the children, and various other factors. Using a standardized formula ensures consistency and predictability in child support orders.
The calculation includes:
Oregon provides an online child support calculator that can give you an estimate of support amounts. However, the actual obligation may differ based on specific circumstances, and the court has discretion to deviate from the guideline amounts if application would be unjust or inappropriate.
Child support orders are not permanent and can be modified when there is a substantial change in circumstances. Under ORS 25.287, either parent can petition for modification if circumstances have changed significantly since the order was entered. Additionally, Oregon requires a review of child support orders every three years, even without a request from either party.
Common reasons for modification include:
To modify support, you must file a motion with the court demonstrating the change in circumstances and requesting the modification. At Crawley Law, we help both parents seeking modifications and those defending against modification requests.
When a parent fails to pay child support as ordered, the other parent has several enforcement options. Failure to pay child support can result in serious legal consequences for the non-paying parent:
Oregon's Department of Human Services (DHS) can also assist with enforcement through the Title IV-D program, providing enforcement services at no cost to the parent receiving support.
Income for child support purposes includes wages, salary, tips, bonuses, commissions, unemployment benefits, disability benefits, workers' compensation, and investment income. Self-employment income is calculated by taking net profit from business operations. The court may also attribute income to parents who are voluntarily unemployed or underemployed.
Self-employment income is calculated by averaging income over a period of time (typically 2-3 years) to account for fluctuations. Business expenses are deducted from gross income to determine net self-employment income. The court can request documentation like tax returns, profit and loss statements, and bank records to verify self-employment income.
Child support in Oregon typically ends when the child turns 18 and has graduated from high school, or at age 18 if they have not graduated. However, the parents can agree to extend support beyond age 18 if the child is enrolled in college. If a child is unable to be self-supporting due to a disability, support may continue beyond age 18.
While parents can negotiate and agree on child support amounts, the court must still approve the agreement. The judge will ensure that the agreed-upon amount is reasonable and serves the best interests of the child. The court will not approve an agreement where a parent is paying significantly less than the guideline amount without legitimate justification.
If the other parent fails to pay child support, you can file a contempt motion with the court. You can also contact the Oregon Department of Human Services for enforcement assistance. Enforcement actions can include wage garnishment, license suspension, property liens, and in serious cases, incarceration. Oregon takes child support non-payment seriously to ensure children receive the financial support they are entitled to.
Schedule a consultation to discuss your child support matter.
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