Child Support in Oregon
by: Legal Aid Services of Oregon
Note: The laws on child support apply to both married and unmarried parents. For unmarried parents, paternity must be established before child support can be ordered. Click here for information about paternity.
CONTENTS
What is child support?
Is legal action needed to force a parent to pay child support?
How is child support ordered?
How is the amount of child support decided?
Do clothes, presents, and travel costs count as child support?
Can the child support order include insurance coverage?
How long does child support have to be paid?
What is child support?
Money that is regularly paid by a parent to help pay for food, housing, clothing, medical care, day care and other costs for a child. Health insurance is also considered a form of child support.
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Is legal action needed to force a parent to pay child support?
Yes. The only way to make a parent pay support is to get a support order, which must be signed by a judge or hearing officer. A promise or agreement to pay is not enough, but a judge or hearing officer can approve an agreement or promise and make it a support order.
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How is child support ordered?
Child support can be ordered in divorce and custody cases. It is ordered when one parent has custody of the child and also when there is joint custody. If you have filed for divorce or custody, your attorney may ask for a support order as part of the case. If you are using "do it yourself" forms, you should get instructions that explain how to ask for support, if you don't already have a support order.
Child support can also be ordered without a divorce or custody case. The Department of Justice (DOJ), will get a child support order if the parent taking care of the children is now getting welfare for your children or if that parent received welfare in the past and there is unpaid support from that time. In all other cases, you can ask the local District Attorney's (DA) office or a private lawyer to get a support order.
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How is the amount of child support decided?
Since 1989 there have been guidelines and charts that must be used in all Oregon child support cases. The guidelines take into account many factors, such as the incomes of the parents, other children the parents have to support, parenting time schedules, and work-related day care costs for the children.
Under the guidelines it is assumed that all parents can work 40 hours a week at minimum wage, unless the parent is disabled or in jail. If a parent has the ability to make more than minimum wage, the guidelines will take that parent's actual or 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 which is different from the amount listed in the guidelines and charts.
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Do clothes, presents, and travel costs count as child support?
Unless your child support order says otherwise, usually only money payments made to the State of Oregon or to the bank account of the parent with custody will count as child support payments. Gifts and clothes, and cash that is not paid the way that the support order requires will not count as child support unless both parents agree in writing afterwards that these contributions were child support. (Receiving these types of contributions from the other parent could create problems for parents getting welfare.)
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Can the child support order include insurance coverage?
A parent owing child support must be ordered to pay for the children's medical insurance if suitable and affordable insurance is available through work, a union, or group. But, the other parent has the right to choose to provide insurance instead. The cost of the insurance provided will increase or decrease the child support payment, depending on which parent is providing the insurance. A parent can also be required to buy a life insurance policy that names the children as beneficiaries. Click here for more information.
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How long does child support have to be paid?
In Oregon, a parent usually must pay child support until the child is 18 years old. If the child is going to school or job training at least half time, and maintains at least a C average and provides proof of these grades, the child support can continue to age 21. Support can be paid directly to the 18-20 year-old child. The child support can stop before a child reaches 18 if the child gets married, joins the military, or in some other way becomes legally emancipated (considered an adult).
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