Oregon when does child support end
If you disagree with the proposed amount, you can request a hearing with an administrative law judge. At the hearing, you can explain why you need payments to be more or less. A judge may adjust the amount of support down or up. For more on the process of obtaining support see the Oregon Child Support Timelines. The state agency also provides a Oregon Parenting Time Calculator to help you with your parenting time percentages.
You'll need to do a bit of homework before you can use these resources, however. For instance, the guidelines calculator requires both parents' total gross monthly income plus any spousal support amounts , mandatory union dues, payments for any additional children who may require support from a previous marriage, for example , and any social security or veterans' benefits the child receives due to a parent's disability or retirement.
Your local child support office can help you collect this information. Paying parents can't reduce child support by working less or not at all. When a parent is unemployed or underemployed and has the potential to work more, a court may " impute " or tack on a potential income that this parent should be making. The court determines potential income by reviewing a parent's work history, education, health, and job opportunities within the community.
A court can't assign potential income when the parent receives workers' compensation, is in jail, or works less because of a verified disability. There is a presumption that support calculated by the guidelines is the right amount for your child. Sometimes, however, the total amount or the way it is divided is unfair.
Before a child support order becomes final, either parent can request a hearing to explain why these payments are inappropriate. When you present evidence that causes a judge to increase or decrease the amount of support, it is called rebutting the presumption. You can use the Rebuttal Worksheet to help you state your case. A judge will evaluate your reasons for challenging support and will decide whether to adjust payments based on the following criteria:.
The child support will go to the adult child or directly to the school, unless the court orders otherwise for good cause shown. The adult child is entitled to participate in any litigation regarding ongoing support and must be provided notice of the proceedings. The child may have his or her own attorney, but the court will not appoint an attorney for an adult child.
Ronald Johnston represents mothers and fathers as well as children in actions for child support for adult children attending school as well as for Oregon support enforcement. It is always best to first attempt negotiation and settlement of these matters, but if the parties cannot agree, Portland custody attorney Ronald Allen Johnston is ready and able to litigate child support issues before the family court.
Contact our firm today to set up a consultation to discuss your case regarding continued child support for adult children attending school. Ronald Johnston.
Under the guidelines, it is assumed that all parents can work 40 hours a week at minimum wage, unless the parent is disabled, is receiving workers' compensation benefits, or is in jail. If a parent is making more than minimum wage, the guidelines will use that amount.
If the parent has the ability to make more than minimum wage, the guidelines will take that parent's potential income into account. The amount of child support is automatically reduced in some cases if the parent who owes support is very low income.
It is sometimes possible to get a child support order that is different from the amount set by the calculation. The child support guidelines determine how health care coverage will be provided and how responsibility for health care costs will be shared. In some cases, a parent can be ordered to pay some of the cost of OHP.
See also Questions - of Family Law in Oregon. In Oregon, a parent usually must pay child support until the child is 18 years old. Child support can continue until age 21, if the child 1 is going to school or a job training program at least half time, 2 is making satisfactory progress as defined by the school the child attends, and 3 agrees in writing that the school can provide information, including the child's grades to each parent.
Support must be paid directly to the year-old child, and the year old is a party to the court case having to do with child support. The Oregon Child Support Program helps locate absent parents, establishes paternity of children, and establishes, enforces, and modifies child support orders.
Information about the Oregon Child Support Program is available at their website. Establishing paternity is necessary before custody, parenting time, and child support can be ordered. It is possible to ask the court to establish custody, parenting time, and child support as part of a case that establishes paternity. You may need a lawyer to help you. The Oregon Judicial Department does not offer forms for paternity.
Genetic or DNA testing is the most accurate method of determining the biological father of a child. Your browser is out-of-date! It has known security flaws and may not display all features of this and other websites. Learn how.
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