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Child Support
Determining Child Support
In Oregon, the court uses a formula to determine the amount of child support to be paid to the custodial parent by the non-custodial parent, unless there are exceptional circumstances. The formula is based on a number of factors, including each parent's income, spousal support paid and received, number of overnight visits each child spends with each parent, number of joint and non-joint children, and child care and health insurance needs (see www.dcs.state.or.us for the formula).Child support is generally paid until the child's 18th birthday (or 21st birthday if the child is attending school full-time). Child support is not deductible by the person paying such support and not included in the income of the person receiving such support.
Enforcing & Collecting Child Support
Oregon and federal law provide for withholding of child support payments from the compensation paid to the paying party. If the paying party is delinquent in his or her child support payments, the receiving party may try and collect such payments through interception of tax refunds due to the paying party, suspension of professional and drivers licenses of paying party, and contempt proceedings.Assistance may be available to the paying party at no charge through the district attorney's office in the county where the receiving party lives. The court can require child support payments to be made to a bank account through the court clerk or Department of Human Resources. Child support payments are not dischargeable in bankruptcy.
Modifying Child Support Orders
Every two years either parent can ask the support enforcement division of their local district attorney's office to recalculate, at no charge, the child support payments which would be due based on the current income figures of the parties. Either party may also request a recalculation at any time if there has been a substantial change of circumstances (i.e. significant changes in either parent's income). Generally, child support which was due prior to the filing of a motion to modify/terminate such support cannot be modified or terminated.
Romano Law, P.C. and Michael G. Romano are licensed to practice in the state of Oregon only. The information provided on this website is offered for informational purposes only. It is not offered as legal advice and does not constitute legal advice. Romano Law, P.C. does not seek to represent you based upon your visit to or review of this website. This website may be considered advertising under the rules of the Oregon Bar Association. You should not make legal decisions based upon brochures, advertising, or other promotional materials. If you would like to schedule a consultation to discuss a specific legal matter, please contact our offices.