Bend Child Support Lawyer
Establishing Child Support in Oregon
Child support is payment that one parent is required to pay to the other during and / or after a divorce. The purpose is to supplement provisions for the child’s:
- Overall support
Obligations to pay child support come from a judgment, court order, or through the Division of Child Support. Child support is established through the use of Oregon’s Uniform Child Support Guidelines. This is usually needed between unmarried parents or parents in a dissolution of marriage proceeding.
Duration of Child Support
An individual’s obligation to pay will continue until the child turns 18. In some cases, support may continue until the child’s 21st birthday if he or she is attending school as defined by the state.
Determining a Child Support Order
In order to calculate child support needed, a party will need to use Oregon’s Uniform Child Support Guidelines. This is a formula that takes into account all of the following:
- Both parties’ respective incomes
- The parenting plan
- Any child care costs
- Medical insurance costs
- Uninsured ongoing medical expenses
Calculating income for child support is often straightforward, but it can also be complicated if there are additional factors involved, such as self-employment. Once all information is inputted, the formula will determine the assumed appropriate amount for child support. This amount is typically followed unless other findings are made that prove that amount is not appropriate for the facts of the case.
Cash Medical Support
Under the Oregon Child Support Guidelines, an additional obligation may be required within a child support determination, which is the “cash medical support.” This is an additional amount that a parent can request to cover the amount of health care needed for the child and help with the uninsured medical expenses related to the child.
Rebuttal Factors that May Arise
It may not be a smooth road when seeking the recovery of child support. The other party may challenge the requested amount of child support. These are called, “rebuttal factors” and are set forth in the Oregon Child Support Guidelines. Some of the factors include:
- Other available resources of a parent
- Reasonable necessities of a parent
- Net income of a parent
- Parent’s ability to borrow money
- Number and needs of other dependents of the parent
- Desirability of the custodial parent
- Application of tax issues
- Financial advantage afforded a parent by living with a partner
In many cases, the judge can deviate from the presumed amount of child support.
At Baxter Harder, LLC, we understand that this is a complex legal matter and we can help you through. Contact our Bend family lawyer today for more information.
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When you choose our team of experienced lawyers, we will take the time to listen to your needs and remain focused on that as we proceed with your case. We have the knowledge, skills, and resources to provide the quality legal representation you need.