Legal Question in Family Law in Oregon

Re: Child Support

YOUR QUESTION:

The IL States Attorney office said that if my wife wants to file for child support that she has to do it in Oregon. Is this true?

ANSWER:

Yes, the Illinois State�s Attorney is correct. Based on the facts you are presenting, if you want to establish a child support obligation, it will have to be done through the courts (or administrative agencies) here in Oregon.

HOWEVER, the Illinois State�s Attorney should be able to assist you in getting this done (and probably at little or no cost to you).

Under Oregon law --- ORS 110.492 ---- (section 401 of UIFSA, the Uniform Interstate Family Support Act) ---- allows the child support enforcement authorities of Oregon to establish (and then enforce) a child support obligation if:

(a) The individual seeking the order resides in another state; or

(b) The support enforcement agency seeking the order is located in another state.

Illinois has the same law, by the way.

Here is the way it works: The Illinois Child Support Enforcement Program requests that the Oregon Child Support Program initiate appropriate legal proceedings in Oregon to establish and enforce against an Oregon resident a child support obligation, doing so for the benefit of a custodial parent and child who reside in Illinois.

Upon receiving the request from Illinois Child Support Enforcement, the Oregon Child Support Enforcement authorities will then open a case here in Oregon and proceed with support establishment and enforcement. (And in all likelihood, it will not be necessary for you to actually come to Oregon, as everything can be done here in Oregon while you remain in Illinois.)

ADVICE: Go to the Illinois State�s Attorney and tell them that you want them to initiate a �RECIPROCAL support establishment action� with Oregon, pursuant to the UIFSA law.

If for some reason that cannot be done, or if you run into any problems, or you just want the whole matter to be done through a private attorney without governmental involvement, you can always hire a private attorney here in Oregon. This is the type of case that I handle all the time. So you can give me a call should you so desire.

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

E-mail: [email protected]

Re: Child Support

The state that you file for child support in is the state in which the child lives. Oregon will then give it full force and credit and enforce the order. Please call me.