Child Support

The Oregon Department of Justice, through its Child Support Program, has established a formula for calculating a presumed amount of child support, available HERE. Child support requires the obligor to pay for an equitable portion of the minor children’s basic needs. The guidelines are based on an “income shares model,” which allows a child to benefit from the income of both parents to the same extent the child would have benefited, had the parents remained together. The guidelines require the parents to share in the costs of the child in proportion to their income, while also considering health insurance, parenting time, and work-related daycare costs incurred for the child.

Child support is modifiable every 35 months at the request of either party, or in less than 35 months if a substantial change in circumstances has occurred (i.e., change in parenting time, change in income, change in health insurance, change in daycare expenses, etc.).  Additionally, Special circumstances allowing a “rebuttal” from the guideline amount include the needs and resources of a parent, special hardships of a parent (including medical issues or travel costs associated with parenting time), and the special needs of the child. Gevurtz Menashe attorneys can work with you to get your child support modified.

What happens if child support is not paid? Child support payment laws are heavily enforced and the Office of Child Support Enforcement will take measures to ensure payments are made as ordered by the court. If you owe child support and do not pay, enforcement officials may:

• Place a lien against your property
• Garnish your wages or any other income
• Take your federal and state income tax returns in compensation
• Suspend your driver’s license
• Suspend your passport
• Turn you over to a creditor or debt collection agency
• In extreme cases (i.e., not paying at all), the court may declare you in contempt and impose future payments or even jail time

Don’t let this happen to you! Always pay on time, and if you can’t afford your current payment, Gevurtz Menashe child support attorneys can help you explore the option of modifying your child support obligation right away, before you fall behind on payments.