Legal Question in Family Law in Oregon

Child Support

When i was getting divorced from my second marriage, she printed and hand wrote everything in on the paperwork. I did not think this was a legal type of paperwork and didnt fight anything as far as the child support goes. Now 3 years later, the inflated child support that she came up with out of thin air, since it showed me making double what i actually was bringing in, is being enforced. Everyone i have talked to says "your screwed" that all i can do is amend my payments. I just got a job making closer to the amount she set forth with the written up paperwork that i didnt fight, due to not knowing i had to at the time. Besides putting in for a review, what else can i do? I havent spoken or heard from her in 2 years, and now owe a hefty amount of CS. Is there no way to fight against her made up numbers? the fact that i didnt know it was actually legal paperwork? We arent even in the same state anymore, there isnt really a way for me to get to know my son at this point. Also in the CS agreement, she did not include that i am paying CS for my first marriage, or that she is recieving CS from her first. Im so lost as to what to do.

Thanks for any help


Asked on 9/19/11, 2:05 pm

1 Answer from Attorneys
Lillian Suelzle Watson Gresham Family & Bankruptcy Law

There are several facts you need to find out. Do you have a copy of the divorce decree? She may have taken it by "default" which means you did not sign or appear in the divorce in any way. Your ex-wife was awarded exactly what she represented where the facts and child support was entered based on those facts. If it was wrong, and you did nothing, you probably can't go back and change the original divorce judgment. So your first step is to get a copy of the divorce decree.

Second, what state issued your divorce decree. The state where it started remains the proper place to change future support. If neither of you live in the original state, there may be changes.

Last. . . If your ex wife agrees that the amount was incorrect, you may be able to have her "satisfy" or stop collection on the past amounts.

Good luck and contact an attorney in the initial state to get current support established correctly. Then see what can be done about the past. The longer you wait the more you will owe in back support.

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Answered on 9/19/11, 3:10 pm


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