Your Child Support Questions ANSWERED

Child support can be a sensitive topic between parties who are likely already in a tense situation. 

This is a part of life where all parties must be as clear-eyed as possible and do their best to set aside any animosity they may have toward an ex-partner in order to remember that child support, just as the name implies, is for the child. It benefits their well-being, and that, of course, is a good thing. 

Can anyone receive child support?

Both parents, relatives, legal caretakers or guardians, and even students aged 18 to 21 who are enrolled in and attending school may be entitled to receive child support. 

What happens if my child’s other parent lives outside of Oregon?

If you have an existing Oregon child support order, you can still request child support services. Regardless of whether or not the other parent or if you live outside of the state of Oregon, you can still apply for child support in Oregon if one parent resides in Oregon or there is an Oregon child support order.  If you want to modify an Oregon support the answer to this question is more complicated.

What is the Oregon Child Support Program?

The Oregon Child Support Program is a Division of the Oregon Department of Justice and the mission of this administrative agency is to support the needs of parents to support their children.  

The Division of Child Support works with families, professionals and local employers to provide resources, education, paternity and support establishment and enforcement services, along with  compliance and insurance-related issues, where necessary. 

How is the presumptive amount of child support paid or received determined?

A presumptive amount of monthly child support is calculated using the online Child Support Calculator.  The presumptive amount is intended to fulfill parental obligations as determined by Oregon’s Child Support Guidelines.

It should be noted that the calculated sums are not a guarantee of what you’ll pay or receive. Factors including how much time the child is in each parent’s care, any non-joint children each parent has, each party’s gross monthly income, spousal support that is owed or received, health care costs, and more will determine the presumptive amount. 

Why would the amount of child support be different from the presumptive amount of child support calculated using the Child Support Calculator?

There are a number of reasons why the final amount ordered can be different from the presumptive amount.  In these instances, the court would have to order or the parties would need to agree that the presumptive amount is “unjust or inappropriate” and a valid reason, consistent with the Oregon administrative rules, must be identified in your Court order for the deviation. For instance, if one parent lives in Oregon and the other lives in New York, the cost of flights can be taken into consideration when determining support.  Other examples of potential rebuttal are situations where a child has a disability or special need and there are expensive therapies needed or where a parent is not working and relies on a new spouse to provide for their support. 

What do I do when my child support payments are delayed?

It depends. And it often depends on the amount owed. Is it less than $100? If so, then it probably isn’t worth pursuing, given the time and effort required. 

If you’re dealing with a co-parent who is late to pay, your child support judgment can be subject to what is called a wage withholding and you can request enforcement services through the Court or the Division of Child Support.

In order to avoid the headaches that can be associated with child support, you and your co-parent can agree to payments being made through the Division of Child Support, either through a payment processing service or an actual garnishment of the payor’s wages, in the Judgment.  These services have helped to make late payments far less common, as well as make the communication between co-parents on this topic more or less unnecessary, which can be good for those more tenuous relationships. 

Where collecting late child support payments can be especially hard is in those instances where you’re dealing with people who are self-employed, chronically unemployed, or constantly newly employed. This latter category of folks is especially tricky to collect from because the government is never quite quick enough to catch up with a new employer before they’ve moved on to the next job. 

Who decides what child support is used for?

The short answer is that absent a specific court order, the person receiving decides how to spend child support payments.  

The important thing to remember is that child support is intended to support the well-being of your child.  The best advice we can give here is to try and see child support as a floor vs. a ceiling, meaning if you could provide your child the best financial and emotional support possible so that they can be responsible, productive members of society, court-ordered or not, why wouldn’t you?  It ultimately benefits everyone if children are well supported.

Have more questions about child support in Oregon? We can help! We provide confidential consultations, intelligent, strategic recommendations, and are committed to helping you achieve the best outcomes possible. Contact DBMA today.