Legal Question in Family Law in Oregon

child support
Can the father (who has had custody for 5 yrs and has been paid all support owed ) turn the son back over to the mother at his whim and get away without paying any child support in the future just because he (the father) is on kidney dialosis and needs a transplant? He also has his 5 small children by his 2nd wife. and thinks that our 15 yr old son will have high med. bills and he doesn't want to be responsible for them. Son has had some emotional problems but is much better after 3 months with me. Father does not even want to pay back the support I've been making (through auto paycheck withdrawl) for the last 3 months while son has been with me. I'm not signing the rediculous paper he had his expensive lawyer write up without legal advice.

Asked on 9/28/07, 5:15 am

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

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Re: child support

QUESTION # 1:

Can the father (who has had custody for 5 yrs and has been paid all support owed ) turn the son back over to the mother at his whim?

ANSWER: YES (at least as a general proposition), assuming the mother is willing to take over the role of being the custodial parent.

QUESTION # 2:

Can he then get away without paying any child support in the future just because he (the father) is on kidney dialosis and needs a transplant?

ANSWER: NO, at least not on those facts alone.

Answered on 9/28/07, 2:21 pm

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