Legal Question in Family Law in Oregon

Re: Back child support?

Unpaid installments of support that fell due while the child was residing with mother, and while father was under a court-ordered support obligation, remain enforceable by mother against father, even if the child is now in father's legal custody and residing in father's home.

If mother is under a court order to pay father child support for the child who is now in father's legal custody and residing in father's home, and mother is not making the payments, father can enforce the obligtion against mother to collect the money.

Legally, the judgment you have against her is independent and separate from the judgment she has against you. Whle the judge cannot order that one judgment be "offset" against the other, the two of you can mutually agree to handle it in that manner.

From the facts you present, I am not unclear as to the basis for mother now

taking father to court for back child support. If she already has a support judgment, it is simply a matter of enforcement and collection. No need to go back to court.

Need more information or help? Call me. We can arrange for an office conference for further legal advice.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

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