Getting Child Support
by: Legal Aid Services of Oregon
CONTENTS
How do I get a child support order?
Can I get child support if the other parent doesn't live in Oregon?
Can I get child support if I don't know where the other parent lives?
What can I do if the child support order is not being paid?
Can I stop allowing parenting time if the other parent is not paying child support?
Getting Child Support
How do I get a child support order?
If you have filed a divorce or custody case, child support can very often be ordered as part of the case. The Department of Justice (DOJ) will get a child support order if you are now getting welfare for your children or if you did in the past and there is unpaid support from that time. In all other cases, you can contact the District Attorney (DA) or a private attorney for help with child support. DOJ and DA services are free.
Return to top
Can I get child support if the other parent doesn't live in Oregon?
In some situations, it is possible for the Department of Justice (DOJ), the District Attorney (DA), or a private lawyer to get an Oregon child support order against a parent who is living in another state. If they cannot, they can send the paperwork to the state where that parent lives and that state can order that child support be paid.
Return to top
Can I get child support if I don't know where the other parent lives?
If you do not know where the other parent lives, the Department of Justice (DOJ) or the District Attorney (DA) can help you look for that parent as long as you are trying to find the parent so that you can get or change a child support order or collect child support.
Return to top
What can I do if the child support order is not being paid?
The Department of Justice (DOJ) or the District Attorney (DA) will help you collect your child support order. They represent the State and not you, but their services are free. You can also contact a private lawyer. Click here for information about how child support is collected.
Return to top
Can I stop allowing parenting time if the other parent is not paying child support?
No. You must allow the parenting time that is ordered in your divorce or custody order, even if child support is not being paid.
Return to top
CONTENTS
If I am getting welfare for my children, do I still get the child support payments?
If I have custody of the children and I am getting welfare, do I have any say in how much the child support order will be?
Can the state make me tell them the name of the father of my child?
If there is back child support owed, who gets paid first, welfare or me?
If I Am Getting Welfare for My Children
If I am getting welfare for my children, do I still get the child support payments?
No. Child support payments for families on public assistance go to the state to pay for the welfare you are now getting. The state will also keep any back child support collected from the other parent while you are on assistance. But the state cannot keep more than the total cash amount your family received in welfare grants.
Return to top
If I have custody of the children and I am getting welfare, do I have any say in how much the child support order will be?
Yes. You have a right to be told about settlement offers and to agree or disagree with how much the state is asking for. If you do not agree with the settlement, you have the right to ask for and participate in hearings about the amount of child support.
Return to top
Can the state make me tell them the name of the father of my child?
You must tell the Department of Justice (DOJ) and the welfare agency the father's name if you are getting welfare for his child, unless there is a very good reason not to. The DOJ may use the information to get a child support order and to collect child support.
Good reasons for not telling the name of the father are: serious harm to you and/or the child would occur (more serious than being upset); an adoption is pending or planned; or the child was born as the result of rape or incest. If your welfare worker does not agree with your reason for not giving the father's name, you should ask your worker for a hearing.
Return to top
If there is back child support owed, who gets paid first, welfare or me?
If you and your children are still getting welfare, the back child support will go to the state first. If you and your children no longer are getting welfare, you will get paid first until you have been paid back all the child support that was missed after you stopped getting welfare. (Money taken from the other parent's federal tax refund is an exception -- it goes first to pay back the state.)
Return to top
|
