Can Parents Agree To No Child Support In Oregon?
When parents choose to end their relationship, regardless of their marital status, one of the most important decisions they have to make is how they will equitably share the responsibilities of caring for their children.
Custody, parenting time, and child support agreements are critical factors in determining a child’s upbringing and must be clearly addressed.
Though the court is in the position of making parenting plans official, often using the facts before them to finalize plans for parents when they aren’t able to on their own, many parents still wonder how much leeway they have when it comes to things like child support.
“Can I make smaller child support payments over time?” “Can my co-parent and I privately renegotiate our child support agreement?” And, “Can I waive my child support responsibilities altogether?” are questions that we sometimes hear, so let’s explore what the law states and what your options are.
Can child support be waived in Oregon?
Typically, the court is not willing to waive a child support order if one person is pursuing a support order. In the court’s view, it is their responsibility to make decisions that are in the best interest of the child, and that both parents should have a financial stake in the upbringing of their child.
But is it possible to forego child support? Perhaps, but it would still have to be approved by the court.
Sometimes, parents may agree on their own — outside of the court’s awareness — to modify or waive certain aspects of their court-ordered child support agreement. We recommend that parents follow the court-ordered arrangement and modify their court order to conform with their agreements.
Your child support order is legally binding, and agreements made outside of that, unless specifically modified by the court, are not. Not abiding by the arrangement as dictated by the court can cause potential legal implications down the road.
In these situations, it is always recommended that working within the court system is the best course of action.
Can I modify my child support agreement/order?
Modification is possible. Parents can seek modification of their child support agreement by petitioning the court or the Oregon Division of Child support, and the moving party must be able prove that they are experiencing “substantial and unanticipated” change to their financial situation. Outside of these circumstances, you can have your child support order reviewed every three years to consider what the appropriate level of support should be.
If it is time for the review or you have proven that there has been a substantial and unanticipated change in circumstances, then the child support will usually be modified to the presumptive amount calculated using the Oregon Child Support Calculator.
Important things to remember about child support
Though child support may feel burdensome to many, it’s important to keep in mind who this support is for and how your contribution was determined.
Remember that in Oregon many factors are considered in calculating your child support obligations, including:
The gross monthly income of both you and the other parent
Any compensation, like tips, bonuses, commissions, or advances outside of a parent’s standard wage
Other sources of income, like Social Security, worker’s compensation, unemployment benefits
Your parenting plan, particularly the number of overnights each parent exercises
Work related child care expenses for children under 13 years old
Health insurance premiums
Extraordinary recurring medical expenses that occur outside of the child’s healthcare coverage
The number of children in need of support
Your support for any of your non-joint children
Spousal support payments
And if you don’t currently have an income? Well, that doesn’t necessarily mean that you don’t have a child support obligation. In fact, a parent will often be responsible for making a contribution based on their “potential income,” which is either based on the parent’s historical earnings, or at the very least, a full-time, Oregon minimum wage-based income.
Your judge may be unlikely to deviate from the presumptive figure determined by the above factors, as will be likely deemed to be in the best interests of the child, unless you or your co-parent are able to prove to the court that there’s something unjust or inappropriate about the amount that fits into the rebuttal criteria.
If you’d like to learn more about child support, parenting plans, and other issues related to family law, please contact DBMA today for your confidential consultation.
Our team is here to help you, not if you are facing an uncontested matter requiring an attorney to draft pleadings, or a highly contested, complex family law dispute, or anything in between, DBMA Family Law Group provides superior legal services to resolve all manner of family law disputes. Contact us today!