Legal Question in Family Law in Oregon

Child support $$ - ex living with new guy.

YOUR MESSAGE:

My papers aren't final yet, we get along reasonably well, we're trying to do this mutually. Does my child support obligation change since my ex just moved in with a new guy (he makes $$$$$ compared to me)? How about if they marry?

RESPONSE:

Whose child is it? Yours or the guy with whom your wife is now residing? Stated differently, the obligation to support the child is a PARENTAL obligation, not an obligation of �non-parents� such as new spouses, new significant others or new residential partners. So your soon-to-be-ex�s new boyfriend (and all of the money he makes) has no effect on your obligation to support your child. And the situation does not change if she gets married to the guy.

By the way, what would/should happen after you are divorced if you then get married to a woman who is a millionaire and has a monthly income of, let�s say, $20,000 per month? How would you respond to your ex-wife�s argument that given your new wife�s income (�His new wife makes $$$$$ compared to me!�), you should be required to pay more child support? Isn�t this the same logic as your argument for lowering your support because of her new man�s superior income?

One exception to foregoing discussion: Under the Oregon Child Support Guidelines, the support amount calculated by the formula is presumed to be the �correct� amount of the obligation. But this �presumption of correctness� may be challenged and overcome (rebutted) upon consideration of certain factors set out in the statute, if the judge concludes that the �guideline amount� of support is unjust or inappropriate. The judge can the adjust the support obligation, either by way of increase or decrease, so that the final result is a dollar amount that is, in the opinion of the judge, �just and proper under all the circumstances.�

One of the �rebuttal factors� is �The financial advantage afforded a parent's household by the income of a spouse or another person, or persons, with whom the parent lives in a relationship similar to husband and wife or domestic partnership.�

Note that it is not the INCOME of the new spouse or residential partner that directly comes into play. Rather, what is considered is the �financial advantage� afforded a parent's household as a result of the new partner�s income. This gets to be somewhat tricky. Each case must be analyzed on its own unique facts. But as a starting point, the question to be answered is: To what dollar extent has the parent�s cost of maintaining a household for the child decreased because of the income of the new residential partner?

LAWRENCE D. GORIN

Law Offices of L.D. Gorin

621 S.W. Morrison St., Suite 350

Portland, Oregon 97205

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-274-0818

E-mail: [email protected]