Legal Question in Family Law in Oregon
child support
the mother of my child goes to school and does not work. she is going for her master's degree. i work at the state department of parks. i do not make enough to pay what she is asking to live on. why does she not have to pay half of the support of our son?
1 Answer from Attorneys
Re: child support
Both parents have a legal obligation to contribute to the support of their child. However, each parent's share of the total over-all obligation is based on the parent's PRO-RATA share of total combined income (or "potential income" in the case of a parent who is unemployed or working on less than a fulltime basis). Consequently, the parent with the greater income ends up bearing the greater share of the over-all support obligation.
In other words, if mother's income (or "potential income" if she is unemployed or working on less than a fulltime basis) is $1,000 p/m, and father's income is $3,000 p/m, the combined total would be $4,000. Father's $3,000 would be 75% of the total. Therefore, he is responsible for 75% of the total combined child support obligation, with mother being liable for the other 25%.
Mother would be liable for 50% if both parents had the same amount of income. Usually does not work that way, though.
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